California Health & Safety Code §1597.40 requires counties to allow small family daycare homes (up to 8 children) in residential zones as a matter of right. Large family daycare (9-14 children) may require a use permit in Tuolumne County.
Under California law (H&S Code §1597.40-1597.46), small family daycare homes serving up to 8 children are permitted by right in all residential zones, including unincorporated Tuolumne County. Counties cannot require use permits or impose zoning restrictions on small family daycare. Large family daycare homes (9-14 children) may be subject to additional county zoning requirements, including a conditional use permit. All family daycare homes must be licensed by the California Department of Social Services, Community Care Licensing Division. Home daycare is separate from a home occupation under county Title 17 zoning and has its own regulatory framework.
Operating without state license: CDSS enforcement. Large daycare without required permit: county zoning violation.
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