California Government Code Β§Β§1596.78 et seq. preempts local zoning for small (up to 8 children) and large (up to 14 children) family daycare homes, treating them as residential use. Fresno cannot require a conditional use permit or additional parking for state-licensed family daycares, but must allow them in all residential zones with a state license.
California law strongly protects small and large family child care home operations. Gov Code Β§1597.30 et seq. defines small family daycare (up to 8 children including caregiver's own) and large family daycare (up to 14 children). California Community Care Licensing Division (CCLD) issues licenses after safety inspections. Gov Code Β§1597.40-Β§1597.46 prohibits cities including Fresno from banning, zoning, or charging CUP fees to state-licensed daycares. Small daycare must be treated exactly like a residence. Large daycare may be subject to non-discretionary standards but cannot be denied or charged a CUP fee. Fresno requires business tax registration but cannot require a Home Occupation Permit process that goes beyond what applies to any other residence. Fire safety inspection is part of licensing. Parking: one additional off-street space for large daycare can be required but not for small. Typical fire and health requirements: smoke and CO alarms, fenced outdoor play area, background checks, CPR certification, and posted evacuation plan.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Fresno code enforcement directly for current fines, enforcement procedures, and hearing options.
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Side-by-side rule comparisons with other cities in Fresno County.
See how other cities in Fresno County handle home daycare.
See how Fresno's home daycare rules stack up against other locations.
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