Del Norte County, CA Home Business: Home Daycare (2026)

Operating a family day care home from a residence in unincorporated Del Norte County is governed almost entirely by California state law, which strongly preempts local zoning. Under the California Child Day Care Facilities Act and Health and Safety Code section 1597.45 (as amended by SB 234, the Keeping Kids Close to Home Act), the use of a home as a small or large family day care home is considered a residential use of property and a use by right for the purposes of all local ordinances, including zoning ordinances. A small family day care home cares for up to eight children (including resident children under age 10), and a large family day care home cares for between 7 and 14 children. State law provides that using a home as a family day care home does not constitute a change of occupancy for purposes of the State Housing Law or local building codes, and that the state act, building code, and fire code preempt local laws governing the use and occupancy of family day care homes. A local jurisdiction such as Del Norte County may not require a use permit, conditional use permit, or business license that it does not require of other single-family residences, and any restrictions on building height, setbacks, or lot dimensions must be identical to those applied to all other residences in the same zone. Licensing of family day care homes is handled by the California Department of Social Services, Community Care Licensing Division, not by the county. As a result, a provider in the unincorporated county should obtain a state family child care license and follow state health, safety, and fire requirements; the county's role is limited because the home is treated as an ordinary residence. Providers can still confirm with the Planning Division ((707) 464-7254) that no nonconforming local condition applies.