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Home Daycare: Fremont vs Sunol

How do home daycare rules compare between Fremont, CA and Sunol, CA?

Fremont and Sunol have similar restriction levels.

Fremont, CA

Alameda County

Few Restrictions

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 β†’

Sunol, CA

Alameda County

Few Restrictions

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 β†’

Key Facts Comparison

FactFremontSunol
Small daycare capacityUp to 8 children including operator kids-
Large daycare capacityUp to 14 children with qualified assistant-
State licenseCCLD license required under HSC 1597Community Care Licensing (CDSS)
Local permitNo CUP required; residential use by right-
ContactFremont Planning (510) 494-4455-
Preemption statute-Cal. Health & Safety Code 1597.40
Small family daycare-Up to 8 children
Large family daycare-Up to 14 children
Local permits-May not require CUP for family daycare

Highlighted rows indicate differences between cities.

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.

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.

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