California Health and Safety Code Section 1597.45 designates small and large family daycare homes as a residential use by right in all residential zones. Selma may not impose zoning restrictions, conditional use permits, or business license fees on licensed family daycare homes beyond those applied to all other residences.
Under California Health and Safety Code Section 1597.45, the use of a home as a small family daycare (up to 8 children) or large family daycare (up to 14 children) is considered a residential use of property and a use by right for purposes of all local ordinances, including zoning. Selma may not require a conditional use permit, variance, or special zoning approval for a licensed family daycare home. The city is prohibited from imposing a business license, fee, or tax for the privilege of operating a family daycare home. Use of a home as a daycare does not constitute a change of occupancy under building codes. Selma may apply the same building height, setback, and lot dimension restrictions to daycare homes as it applies to all other residences in the same zone, but may not impose stricter requirements. Small family daycare homes (1-8 children) need only a license from the California Department of Social Services Community Care Licensing Division. Large family daycare homes (7-14 children) require a fire clearance and may need to comply with additional parking or drop-off requirements.
Operating an unlicensed daycare is a state violation enforced by Community Care Licensing. Selma cannot impose local penalties on licensed family daycare homes operating within state guidelines.
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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 Selma's home daycare rules stack up against other locations.
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