Oakland vs San Leandro
How do home daycare rules compare between Oakland, CA and San Leandro, CA?
Oakland and San Leandro have similar restriction levels.
Oakland, CA
Alameda County
California Health and Safety Code 1597.40 to 1597.46 preempts local zoning and treats licensed Family Child Care Homes as a residential use, so Oakland cannot require a conditional use permit, and state-licensed small (up to 8) and large (up to 14) home daycares are allowed by right in any residential zone.
View full Oakland rules →San Leandro, CA
Alameda County
San Leandro allows small (8 or fewer) and large (9-14) family daycare homes in all residential zones under California state preemption. State licensing is required.
View full San Leandro rules →Key Facts Comparison
| Fact | Oakland | San Leandro |
|---|---|---|
| - | - | |
| Small Daycare | - | Up to 8 kids, by right |
| Large Daycare | - | 9-14 kids, permit |
| State Law | - | H and S Code 1597.40 |
| License | - | CDSS required |
| Zoning | - | All residential zones |
Highlighted rows indicate differences between cities.
Oakland FAQ
Do I need a Conditional Use Permit for a home daycare in Oakland?
No. Under California law (H and S 1597.40 and SB 234), licensed small and large family child care homes are treated as residential uses and allowed by right in any residential zone without a CUP.
Who licenses home daycares in Oakland?
The California Department of Social Services, Community Care Licensing Division, licenses family child care homes. Oakland does not issue daycare licenses but does require a Business Tax Certificate.
San Leandro FAQ
Can San Leandro prohibit a family daycare in my neighborhood?
No. State law preempts local bans on small family daycare homes. Large daycares may require a non-discretionary use permit but cannot be banned in residential zones.
Do I need a San Leandro business license for home daycare?
Yes, a city business license is generally required in addition to the state CDSS daycare license.
Compare other topics
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