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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code
Zoning Ordinance Ch. 17.54
Small homes
Permitted in SFRs (except O, O-1, M-2)
Large homes
Permitted with standards (except O, O-1, M-2)
Per parcel
One large family day care home
Parking
2 + 1/2 space per non-resident employee
State law
CA Health & Safety Code 1597 (preemption)

Summary

Tuolumne County Zoning Ordinance Chapter 17.54 treats small and large family day care homes as permitted uses in single-family residences in nearly all districts (except O, O-1, and M-2), reflecting California state preemption. Large homes must provide parking, a safe drop-off area, fire safety equipment, and meet exterior noise limits.

These county ordinances apply to unincorporated areas of Tuolumne County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

1597.40.

(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.

(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home. (Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.)

Source: CA H&S Code §1597.40View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

). A). B). 01). State licensing through the California Department of Social Services / Community Care Licensing is separate from County zoning.

Violations & Fines

Operating a large family day care home without meeting the Section 17.54.040 standards (parking, drop-off, fire safety, noise) is a zoning violation. State licensing requirements are enforced separately by the state.

Frequently Asked Questions

Can I run a family daycare in a home in unincorporated Tuolumne County?
Yes. Chapter 17.54 treats small and large family day care homes as permitted uses in single-family residences in nearly all districts (except O, O-1, and M-2), reflecting California state law that protects family day care homes as a residential use.
What does a large family day care home have to provide?
One per parcel; two off-street parking spaces plus one-half space per non-resident employee; a safe on-site drop-off/pick-up area; a fire extinguisher and smoke detector (plus State Fire Marshal rules); and compliance with the County's exterior noise limits.

Sources & Official References

Other rules in Tuolumne County

All Tuolumne County rules

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