Nevada County, CA Home Business: Home Daycare (2026)
Key Facts
- Controlling law
- CA H&SC 1597.40 / 1597.45 (SB 234)
- Zoning status
- Residential use by right
- Local permit
- No CUP or business license allowed
- Small home capacity
- Up to 8 children
- Large home capacity
- Up to 14 children
- Licensing agency
- CA Dept. of Social Services (CCLD)
Summary
Under California Health and Safety Code 1597.45, a small or large family daycare home is a residential use by right in all zoning districts. Nevada County cannot require a conditional use permit, zoning clearance, or business license. Small homes serve up to 8 children and large homes up to 14; the State licenses providers.
C. Standards. Such facilities shall be considered a residential use on all parcels within all zoning districts where residential uses are allowed, subject to zoning compliance and building permit issuance and the following standards: 1. The facility shall be the principal residence of the day care provider and the use shall be clearly incidental and secondary to the use of the property as a single-family residence. 2. The facility shall be considered as a single-family residence for the purpose of building codes, unless additional standards are required by the State Fire Marshal. 3. The facility shall comply with all sanitation and health requirements administered by the County Department of Environmental Health and all health and safety requirements of the State Fire Marshal's Office. 4. The applicant shall provide one on-site parking stall for every 8 children or fraction thereof in accordance with the standards of Section governing Parking in Community Design Standards as part of this Code. 5. The applicant shall provide direct access to a publicly maintained road. If the property does not have direct access to a publicly maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e. permanent road division, county service area, community service district). 6. All facilities shall be state licensed and shall be operated according to all applicable state and local statutes and regulations.
Full Breakdown
Family daycare homes in unincorporated Nevada County are governed primarily by California state law, which preempts local zoning. 40 declares it state policy that family daycare homes be situated in normal residential surroundings and provides that local laws shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home. ' SB 234 (2019) confirmed that both small and large family daycare homes must be treated as a residential use by right, so the County cannot require a conditional use or zoning permit.
A small family daycare home serves up to 8 children and a large family daycare home up to 14 children. Local restrictions on building height, setback, or lot dimensions are allowed only if identical to those applied to all other residences in the same zoning designation. Providers are licensed by the California Department of Social Services, Community Care Licensing Division, not the County.
Violations & Fines
Because the use is protected by state law, the County may not deny or condition it through zoning. A provider must still hold the required State license; operating an unlicensed facility over the exempt limit violates state licensing law (enforced by CDSS), not local zoning.
Frequently Asked Questions
Can Nevada County require a use permit for a family daycare home?
How many children can a family daycare home serve?
Sources & Official References
Other rules in Nevada County
California rules heatmap·Compare Nevada County to another location·View the California home business overview
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