Mendocino County, CA Home Business: Home Daycare (2026)

Family daycare homes in unincorporated Mendocino County are controlled almost entirely by California state law, which preempts local zoning. Under Health and Safety Code Section 1597.40, the Legislature declares the use and occupancy of family daycare homes a matter of statewide concern and provides that the state act, building code, and fire code preempt local laws, regulations, and rules. Health and Safety Code Section 1597.45 provides that operating a family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including zoning ordinances, and that a local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. Senate Bill 234 (2019) extended these protections so that large family daycare homes serving 7 to 14 children, inclusive, are treated the same as small homes serving 8 or fewer children, eliminating the conditional-use-permit requirement that some counties previously imposed on large homes. As a result, Mendocino County cannot require a discretionary zoning permit or a local business license to operate a licensed family daycare home in a residential area. Providers must instead obtain a state license from the California Department of Social Services, Community Care Licensing Division, and meet state health, safety, fire, and capacity standards.