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

Tehama County's Title 17 zoning code does not contain a separate 'family daycare home' or 'family child care home' use category or set of standards, so this area is governed by California state law, which preempts local zoning. Under Health and Safety Code Section 1597.45, the use of a home as a small or large family daycare home is considered a residential use of property and a use by right for the purposes of all local ordinances, including zoning ordinances, and a local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. Health and Safety Code Section 1597.40 declares family daycare a statewide concern, requires that family daycare homes be situated in normal residential surroundings, and provides that local laws may not directly or indirectly prohibit or restrict the use of a facility as a family daycare home. State definitions (Health and Safety Code Section 1596.78) set the capacities: a small family daycare home provides care for eight or fewer children, and a large family daycare home provides care for 7 to 14 children, in each case including the provider's own resident children under age 10. Licensing is handled by the California Department of Social Services, not by the County. Tehama County's separate residential-care provision (in Chapter 17.08) addresses certain state-licensed care facilities for six or fewer persons, but it does not cover child daycare. Operators should obtain the appropriate state license and confirm placement with the Planning Department.