Home Daycare: Tulare vs Visalia
How do home daycare rules compare between Tulare, CA and Visalia, CA?
Tulare and Visalia have similar restriction levels.
Tulare, CA
Tulare County
Tulare cannot prohibit, zone out, or impose a business license fee on a small or large family daycare home. Under Cal. Health & Safety Code §§ 1597.45 and 1597.455 (as amended by SB 234, 2019), family daycare homes are a residential use by right in every Tulare residential zone. Operators are licensed by the California Department of Social Services, not by the City of Tulare.
View full Tulare rules →Visalia, CA
Tulare County
Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.
View full Visalia rules →Key Facts Comparison
| Fact | Tulare | Visalia |
|---|---|---|
| Statutes | Cal. HSC §§ 1596.70 et seq.; 1597.30 et seq.; 1597.45 (preemption); 1597.455 (no license fee) | - |
| Small family daycare | Up to 8 children, including operator's own under 10 | - |
| Large family daycare | 7 to 14 children | - |
| Licensing authority | California Dept. of Social Services, Community Care Licensing | - |
| Local business license | Prohibited by Cal. HSC § 1597.455 | - |
| Zoning treatment | Residential use by right (SB 234, 2019) | - |
| Statewide concern | - | H&S Code 1597.40 |
| Small daycare cap | - | 8 children |
| Large daycare cap | - | 14 children |
| License agency | - | CDSS Community Care |
| Unlicensed penalty | - | $200 per day |
Highlighted rows indicate differences between cities.
Tulare FAQ
Do I need a Tulare Home Occupation Permit to run a family daycare?
No. Cal. Health & Safety Code § 1597.45 makes family daycare homes a residential use by right, and § 1597.455 bars Tulare from imposing a business license or fee. You need the state CCLD license and must meet the California Building and Fire codes.
What if I care for more than 14 children?
That exceeds the family daycare home definition under HSC § 1596.78 and § 1597.44. You would then be operating a child care center, which is licensed differently and IS subject to Tulare zoning (typically conditional-use permit in residential zones).
Can my Tulare HOA ban me from operating a family daycare?
No. HSC § 1597.40 prohibits CC&Rs and HOA rules from restricting family daycare homes in single-family residences.
Visalia FAQ
Does my city have any say over my family daycare?
Cities cannot prohibit family daycares. For large family daycares they may apply only narrow standards on parking, spacing, and noise. Small family daycares are permitted by right with no local approval.
Are HOA bans on home daycare enforceable?
No. Health and Safety Code 1597.465 voids any deed restriction, covenant, or HOA rule that prohibits family daycare in homes used for that purpose.
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