Alameda County, CA Home Business: Home Daycare (2026)
Key Facts
- Preemption statute
- Cal. Health & Safety Code 1597.40
- Small family daycare
- Up to 8 children
- Large family daycare
- Up to 14 children
- State license
- Community Care Licensing (CDSS)
- Local permits
- May not require CUP for family daycare
Summary
Family daycare homes are protected by California Health & Safety Code 1597.40, which treats small and large family daycare as residential uses and preempts restrictive local zoning.
(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
California Health and Safety Code Section 1597.40 classifies family daycare homes as residential uses of property for purposes of all local ordinances. Small family daycare (up to 8 children including the provider's own) and large family daycare (up to 14 children) must be permitted in any single-family residential zone without a use permit, conditional use permit, or special permit. Alameda County and its cities may not impose business license, sign, fee, or inspection requirements that treat daycare homes differently from other residences, though reasonable standards for parking, concentration (minimum spacing between homes), and non-conflicting building and fire code provisions are allowed. Licensure is handled by the California Department of Social Services, Community Care Licensing Division, which inspects homes, conducts background checks on all adults present, and enforces child-to-provider ratios and health and safety rules. Providers must still comply with home occupation standards unrelated to the daycare use itself.
Frequently Asked Questions
Does the county license daycares?
Can HOAs or CC&Rs ban home daycares?
Sources & Official References
Other rules in Alameda County
California rules heatmap·Compare Alameda County to another location·View the California home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.