Berkeley permits small and large family daycare homes as a residential use under California Health and Safety Code 1597.40, which preempts most local restrictions on state-licensed family childcare.
Under California Health and Safety Code 1597.40, family daycare homes (up to 8 children for small, up to 14 for large) are considered a residential use of property by state law. Berkeley cannot require a conditional use permit, zoning variance, or business license fee beyond what applies to any residence. Operators must hold a license from California Community Care Licensing. State-licensed providers need only comply with standard residential building, fire, and noise rules in the Berkeley Municipal Code (BMC). Berkeley Zoning Ordinance BMC Title 23 treats licensed daycare as a permitted use in all residential zones. Fire clearance through Berkeley Fire Department is required for large family daycare serving 9-14 children.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle home daycare.
See how Berkeley's home daycare rules stack up against other locations.
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