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

Family day care homes in unincorporated Calaveras County are governed primarily by California state law, which preempts local zoning control. Under Health and Safety Code Section 1597.45 (as amended by SB 234, effective 2020), the use of a home as a small or large family day care home 'shall be considered a residential use of property and a use by right' for all local ordinances, including zoning, and a local jurisdiction may not impose a business license, fee, or tax for the privilege of operating one, nor treat it as a change of occupancy under local building codes. Calaveras County's Zoning Code reflects this: Section 17.25.140 expressly states that the home-occupation standards do not apply to family day care, 'which is regulated separately.' The County's zoning definitions classify a Family Day Care as a state-licensed facility in a residential unit caring for children under 18 for less than 24 hours a day, with a 'Small' home serving eight or fewer children (citing HSC Section 1597.44) and a 'Large' home serving seven to 14 children (citing HSC Section 1597.465), in each case counting resident children under age 10. Family day care is listed as a permitted use in the County's residential and similar zones. Operators must obtain the required State of California family day care license through Community Care Licensing; the County cannot impose its own discretionary use permit. Confirm licensing requirements with the State.