Home Daycare: Castro Valley vs Fremont
How do home daycare rules compare between Castro Valley, CA and Fremont, CA?
Castro Valley and Fremont have similar restriction levels.
Castro Valley, 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 Castro Valley rules →Fremont, CA
Alameda County
Fremont treats small and large family daycare homes as residential uses under California Health and Safety Code 1597.40, with state licensing required and limited local regulation.
View full Fremont rules →Key Facts Comparison
| Fact | Castro Valley | Fremont |
|---|---|---|
| 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) | CCLD license required under HSC 1597 |
| Local permits | May not require CUP for family daycare | - |
| Small daycare capacity | - | Up to 8 children including operator kids |
| Large daycare capacity | - | Up to 14 children with qualified assistant |
| Local permit | - | No CUP required; residential use by right |
| Contact | - | Fremont Planning (510) 494-4455 |
Highlighted rows indicate differences between cities.
Castro Valley 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.
Fremont FAQ
Do I need a Fremont business license for a family daycare?
Yes. Fremont requires a business tax certificate for any home-based business, including licensed family daycare homes, in addition to the state CCLD license.
Can my HOA ban a family daycare?
No. California HSC 1597.40 preempts CCR restrictions that would prohibit licensed small or large family daycare homes in residential zones.
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