Home Daycare: Berkeley vs Sunol
How do home daycare rules compare between Berkeley, CA and Sunol, CA?
Berkeley and Sunol 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 →Sunol, CA
Alameda County
Family daycare homes are protected by California Health & Safety Code 1597.40, which treats small and large family daycare as residential uses and preempts restrictive local zoning.
View full Sunol rules →Key Facts Comparison
| Fact | Berkeley | Sunol |
|---|---|---|
| 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 | - |
| Preemption statute | - | Cal. Health & Safety Code 1597.40 |
| Small family daycare | - | Up to 8 children |
| Large family daycare | - | Up to 14 children |
| State license | - | Community Care Licensing (CDSS) |
| Local permits | - | May not require CUP for family daycare |
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.
Sunol FAQ
Does the county license daycares?
No. Family daycare homes are licensed by the California Department of Social Services, not the county.
Can HOAs or CC&Rs ban home daycares?
State law limits the ability of CC&Rs to prohibit family daycare in single-family homes; consult an attorney for specific restrictions.
Compare other topics
See how Berkeley and Sunol compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool