Tuolumne County, CA Home Business: Home Daycare (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.
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 (Repealed and added by Stats. 2019, Ch. 244, Sec. 6.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.)
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Chapter 17.54 of the Tuolumne County Zoning Ordinance governs family day care facilities, consistent with California's preemptive treatment of family day care homes as a residential use (Health & Safety Code 1597.30 et seq.). Small family day care homes are permitted uses within permitted and conditional-use single-family residences in all districts except O, O-1, and M-2 (Section 17.54.030.A). Large family day care homes are likewise permitted in single-family residences in all districts except O, O-1, and M-2, provided the operational criteria in Section 17.54.040 are met at all times (Section 17.54.030.B).
Those standards include: only one large family day care home per parcel; two off-street parking spaces for the residence plus one-half space per non-resident employee on the largest shift (rounded up), built per Chapter 17.30 (Off-Street Parking); an on-site drop-off and pick-up area designed for safe loading without blocking the driveway; a fire extinguisher, smoke detector, and any other regulations adopted by the State Fire Marshal for large family day care homes; and compliance with exterior noise limits (for example, 50 dB Leq daytime / 45 dB Leq nighttime in residential and similar receiving zones per Table 17.54.01). 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?
What does a large family day care home have to provide?
Sources & Official References
Other rules in Tuolumne County
California rules heatmap·Compare Tuolumne County to another location·View the California home business overview
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