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

Family daycare homes in the unincorporated county are governed by California law, which preempts local zoning. Health & Safety Code 1597.40 declares the use of a home as a family daycare home, operated under state standards in a residentially zoned area, to be a residential use of property for purposes of all local ordinances, regulations and rules, and not a use that fundamentally alters the underlying residential character. The Legislature declares this a matter of statewide concern and states the act, the state building code and fire code preempt local rules governing the use and occupancy of family daycare homes; local laws may not directly or indirectly prohibit or restrict their operation. SB 234 (2019, the Keeping Kids Close to Home Act) strengthened this: a small family daycare home (up to 8 children) is a residential use, and a large family daycare home (up to 14 children) must now also be treated as a residential use of property for all local ordinances - so a county can no longer require a use permit, zoning clearance, business license or fee specifically for a large family daycare home on a single-family lot. Operators must still hold a state license from the California Department of Social Services and meet building and fire safety standards that apply to single-family dwellings generally (the County may apply health/safety and building rules that do not single out daycare homes). In short, Amador County defers to state law here and cannot impose a home-occupation permit on a licensed family daycare.