Berkeley, CA Home Business: Home Daycare (2026)
Key Facts
- State Law
- H&S Code 1597.40 preempts local zoning
- Small Daycare
- Up to 8 children, by-right
- Large Daycare
- 9-14 children, by-right with fire clearance
- License
- CA Community Care Licensing required
- Contact
- Berkeley Planning (510) 981-7410
Summary
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.
(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. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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.
Frequently Asked Questions
Can Berkeley require a special permit for my family daycare?
Do I need fire clearance?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in Alameda County handle home daycare.