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Home Daycare: Martinez vs Oakley

How do home daycare rules compare between Martinez, CA and Oakley, CA?

Martinez and Oakley have similar restriction levels.

Martinez, CA

Contra Costa County

Few Restrictions

Small family day care homes (up to 8 children) and large family day care homes (up to 14 children) are protected by California Health & Safety Code sections 1597.30-1597.622. Contra Costa County cannot prohibit them in residential zones and must treat them as residential uses for zoning purposes.

View full Martinez rules β†’

Oakley, CA

Contra Costa County

Few Restrictions

Small family day care homes (up to 8 children) and large family day care homes (up to 14 children) are protected by California Health & Safety Code sections 1597.30-1597.622. Contra Costa County cannot prohibit them in residential zones and must treat them as residential uses for zoning purposes.

View full Oakley rules β†’

Key Facts Comparison

FactMartinezOakley
Small family day careUp to 8 children, residential useUp to 8 children, residential use
Large family day care9-14 children, permit allowed9-14 children, permit allowed
State lawHSC 1597.30-1597.622HSC 1597.30-1597.622
License agencyCA Dept. of Social Services CCLDCA Dept. of Social Services CCLD
Local banProhibited by state preemptionProhibited by state preemption

Highlighted rows indicate differences between cities.

Martinez FAQ

Can Contra Costa County ban a day care in my home?

No. California state law expressly prohibits cities and counties from banning small family day care homes, and large family day care homes must be allowed in single-family residential zones subject only to limited permit conditions.

Do I need a county permit for a small family day care?

No county permit is required for a small family day care home of 8 or fewer children. However, you must be licensed by the California Department of Social Services.

Oakley FAQ

Can Contra Costa County ban a day care in my home?

No. California state law expressly prohibits cities and counties from banning small family day care homes, and large family day care homes must be allowed in single-family residential zones subject only to limited permit conditions.

Do I need a county permit for a small family day care?

No county permit is required for a small family day care home of 8 or fewer children. However, you must be licensed by the California Department of Social Services.

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