Fremont, CA Home Business: Home Daycare (2026)
Key Facts
- Small daycare capacity
- Up to 8 children including operator kids
- Large daycare capacity
- Up to 14 children with qualified assistant
- State license
- CCLD license required under HSC 1597
- Local permit
- No CUP required; residential use by right
- Contact
- Fremont Planning (510) 494-4455
Summary
Fremont treats small and large family daycare homes as residential uses under California Health and Safety Code 1597.40, with state licensing required and limited local regulation.
Health and Safety Code - HSC, Section 1597.40.
CHAPTER 3.6. Family Day Care Homes
(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.
(Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.)
Full Breakdown
Under California Health and Safety Code sections 1597.40 through 1597.46, small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children) operating in Fremont are considered a residential use of property. The city cannot require a conditional use permit for small family daycares, and large family daycares are permitted by right subject to state non-discretionary standards. Operators must hold a valid California Community Care Licensing Division (CCLD) license. Fremont Municipal Code Title 18 zoning standards apply for parking, spacing from other daycares, and fire clearance from the Fremont Fire Department. Home smoke alarms, carbon monoxide alarms, and a fenced outdoor play area are required. Staff must complete CPR and first aid certification under Title 22 CCR.
Frequently Asked Questions
Do I need a Fremont business license for a family daycare?
Can my HOA ban a family daycare?
Sources & Official References
Other rules in Fremont
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