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San Jose vs Santa Clara

How do home daycare rules compare between San Jose, CA and Santa Clara, CA?

San Jose, CA

Santa Clara County

No data available yet for San Jose.

Santa Clara, CA

Santa Clara County

Few Restrictions

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

FactSan JoseSanta Clara
State law-H&S Code 1597.40 preemption
Small daycare-Up to 8 children
Large daycare-Up to 14 children
Licensing-CA Community Care Licensing
Local permit-Treated as residential use

Highlighted rows indicate differences between cities.

San Jose FAQ

No FAQs available.

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.

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