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Home Daycare: Berkeley vs Livermore

How do home daycare rules compare between Berkeley, CA and Livermore, CA?

Berkeley and Livermore have similar restriction levels.

Berkeley, CA

Alameda County

Few Restrictions

Berkeley permits small and large family daycare homes as a residential use under California Health and Safety Code 1597.40, which preempts most local restrictions on state-licensed family childcare.

View full Berkeley rules β†’

Livermore, CA

Alameda County

Few Restrictions

Livermore permits small (up to 8 children) and large (9-14) family daycare homes in all residential zones per Health & Safety Code Β§1597.40 state preemption.

View full Livermore rules β†’

Key Facts Comparison

FactBerkeleyLivermore
State LawH&S Code 1597.40 preempts local zoningHSC Β§1597.40
Small DaycareUp to 8 children, by-right-
Large Daycare9-14 children, by-right with fire clearance-
LicenseCA Community Care Licensing required-
ContactBerkeley Planning (510) 981-7410-
Small (1-8)-By right, no CUP
Large (9-14)-Ministerial permit
State License-CCLD required
Zoning-All residential zones

Highlighted rows indicate differences between cities.

Berkeley FAQ

Can Berkeley require a special permit for my family daycare?

No. State law H&S 1597.40 treats licensed family daycare as a residential use and preempts local special permit requirements.

Do I need fire clearance?

Small family daycare (up to 8 children) does not need fire clearance, but large family daycare (9-14) must be inspected by Berkeley Fire.

Livermore FAQ

Can Livermore deny a family daycare?

No. State law preempts local bans on small family daycares and limits discretion for large ones.

Do I need a business license?

Yes. Livermore requires a business license in addition to the state CCLD license.

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