Home Daycare: Mountain View vs San Jose
How do home daycare rules compare between Mountain View, CA and San Jose, CA?
Mountain View and San Jose have similar restriction levels.
Mountain View, CA
Santa Clara County
Small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children) are permitted by right in Mountain View residential zones under California H&S Code 1597.45.
View full Mountain View rules →San Jose, CA
Santa Clara County
California H and S Code 1597.40 preempts local zoning for family daycare homes, requiring Santa Clara County to treat licensed family childcare as residential use. State licenses the operators.
View full San Jose rules →Key Facts Comparison
| Fact | Mountain View | San Jose |
|---|---|---|
| Small daycare capacity | Up to 8 children (licensed) | - |
| Large daycare capacity | Up to 14 children (licensed) | - |
| Zoning treatment | Residential use by right | - |
| State law | H&S Code 1597.40-1597.465 | - |
| Use permit required | No, preempted by state | - |
| State Preemption | - | H and S Code 1597.40 |
| Small Family Daycare | - | Up to 8 children |
| Large Family Daycare | - | Up to 14 children |
| Licensing | - | CA Dept of Social Services |
| Local Permit | - | Not required |
Highlighted rows indicate differences between cities.
Mountain View FAQ
Do I need a Mountain View permit to run a home daycare?
No local use permit is required. You need a state license from California Community Care Licensing and must comply with building, fire, and noise codes.
Can my HOA ban a family daycare?
No. California law protects licensed family daycares from HOA bans, though reasonable rules on parking and noise may apply.
San Jose FAQ
Can Santa Clara County prohibit home daycare in my neighborhood?
No. California state law preempts local zoning and requires counties to treat licensed family daycare homes as residential use.
How do I license a family daycare?
Apply through the California Department of Social Services Community Care Licensing Division. Orientation, background checks, and a home inspection are required.
Compare other topics
See how Mountain View and San Jose 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