Home Daycare: San Jose vs Santa Clara
How do home daycare rules compare between San Jose, CA and Santa Clara, CA?
San Jose and Santa Clara have similar restriction levels.
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 →Santa Clara, CA
Santa Clara County
Santa Clara must treat small and large family daycare homes as permitted residential uses under California Health and Safety Code 1597.40, which preempts local zoning restrictions on licensed family daycares.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| 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 | CA Community Care Licensing |
| Local Permit | Not required | - |
| State law | - | H&S Code 1597.40 preemption |
| Small daycare | - | Up to 8 children |
| Large daycare | - | Up to 14 children |
| Local permit | - | Treated as residential use |
Highlighted rows indicate differences between cities.
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.
Santa Clara FAQ
Does Santa Clara require a special permit for a family daycare?
No. State law requires Santa Clara to treat licensed family daycare homes the same as any single-family residence, so no conditional use permit is required.
How many children can I care for?
Small family daycares serve up to 8 children and large family daycares up to 14 children, subject to California licensing requirements.
Compare other topics
See how San Jose and Santa Clara 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