Home Daycare: Berkeley vs San Leandro
How do home daycare rules compare between Berkeley, CA and San Leandro, CA?
Berkeley and San Leandro have similar restriction levels.
Berkeley, CA
Alameda County
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 →San Leandro, CA
Alameda County
Under California Health & Safety Code §1597.45 (amended by SB 234, effective Jan. 1, 2020), small and large family daycare homes are a use by right in every residential zone — San Leandro cannot require a zoning permit, business license, or fee for them.
View full San Leandro rules →Key Facts Comparison
| Fact | Berkeley | San Leandro |
|---|---|---|
| State Law | H&S Code 1597.40 preempts local zoning | - |
| Small Daycare | Up to 8 children, by-right | - |
| Large Daycare | 9-14 children, by-right with fire clearance | - |
| License | CA Community Care Licensing required | - |
| Contact | Berkeley Planning (510) 981-7410 | - |
| Local zoning permit | - | Not required (state-preempted) |
| Local business license/fee | - | Prohibited by H&S §1597.45 |
| State statute | - | H&S Code §1597.45 (SB 234, 2019) |
| Family daycare capacity | - | Up to 14 children |
| Required clearances | - | Alameda County Fire + CDSS CCL license |
| Commercial daycare center | - | Administrative Review required by San Leandro |
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.
San Leandro FAQ
Do I need a San Leandro zoning permit to run a family daycare at home?
No. California H&S Code §1597.45 makes family daycare homes (small and large) a residential use by right and preempts local zoning permit requirements. The city's Childcare Resources page confirms no city permits are required.
Can San Leandro charge me a business license fee for my family daycare?
No. §1597.45 explicitly prohibits local jurisdictions from imposing a business license, fee, or tax for the privilege of operating a small or large family daycare home.
What clearances do I still need?
A state license from the California Department of Social Services Community Care Licensing Division and a fire safety clearance from Alameda County Fire. Background checks and CPR/First Aid training are also required by state Title 22 regulations.
What if I want to open a commercial daycare center, not a family daycare home?
Commercial daycare centers are not covered by §1597.45's by-right protections. San Leandro requires an Administrative Review application (typically 30–60 days) for a daycare center.
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