Home Daycare: Oakley vs Walnut Creek
How do home daycare rules compare between Oakley, CA and Walnut Creek, CA?
Oakley and Walnut Creek have similar restriction levels.
Oakley, CA
Contra Costa County
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 →Walnut Creek, CA
Contra Costa County
California Health & Safety Code §1597.45 preempts local zoning: small family day care homes (up to 8 children) are treated as residential uses by right in Walnut Creek. Large family day care (up to 14 children) is also permitted ministerially. State licensing through Community Care Licensing is required, and the city cannot impose discretionary permits.
View full Walnut Creek rules →Key Facts Comparison
| Fact | Oakley | Walnut Creek |
|---|---|---|
| Small family day care | Up to 8 children, residential use | - |
| Large family day care | 9-14 children, permit allowed | - |
| State law | HSC 1597.30-1597.622 | - |
| License agency | CA Dept. of Social Services CCLD | - |
| Local ban | Prohibited by state preemption | - |
| - | - |
Highlighted rows indicate differences between cities.
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.
Walnut Creek FAQ
Compare other topics
See how Oakley and Walnut Creek 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