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

Modoc County's zoning code treats family child care in the home as a residential use, consistent with California state law. Section 18.100.010(D)(3) of Title 18 lists, among the accessory uses permitted with a one-family dwelling, the use of the principal dwelling as a small and/or large family day care home, provided any advertising is limited to one nameplate not more than six inches by 12 inches attached flush on the dwelling. The county's definition in Section 18.06.230 adopts the state definition: a 'family day care home' under Health & Safety Code Section 1596.78 regularly provides care for 14 or fewer children in the provider's own home for less than 24 hours a day, and is either a large family day care home (7 to 14 children, including the provider's own children under age 10) or a small family day care home (8 or fewer children). This was updated by Ordinance No. 236-146 in 2017. California's family day care law — Health & Safety Code Section 1597.45, as amended by SB 234 (effective January 1, 2020) — makes the use of a home as a small OR large family day care home a residential use 'by right' for purposes of all local ordinances, including zoning. The state law bars a local jurisdiction from requiring a use permit or business license tax to operate a family day care home, and provides that it is not a change of occupancy under local building codes. Providers must still obtain a state license from California's Community Care Licensing Division.