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Hayward, CA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Small daycare capacity
Up to 8 children
Large daycare capacity
Up to 14 children
Zoning treatment
Residential use by right
State license
Required from CCLD
Contact
Hayward 510-583-4000

Summary

Hayward permits small and large family daycare homes as a right in residential zones under California Health and Safety Code protections, with state licensing from Community Care Licensing required.

(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.

Source: California H and S Code 1597.40View official code

Full Breakdown

Hayward follows California Health and Safety Code sections 1597.40 through 1597.465, which classify small family daycare (up to 8 children) and large family daycare (up to 14 children) as residential uses. Cities cannot require conditional use permits or charge business license fees that treat daycare differently from other home uses. Operators must be licensed by the California Department of Social Services Community Care Licensing Division. Hayward requires standard building code compliance, smoke alarms, carbon monoxide detectors, and a fenced outdoor play area if applicable. Large family daycares may require additional fire clearance.

Frequently Asked Questions

Do I need a Hayward conditional use permit?
No. State law treats family daycare as a residential use, so no CUP is required in Hayward residential zones.
Does Hayward require a separate business license?
Hayward requires a standard home business registration, but cannot impose fees or rules stricter than other home uses.

Sources & Official References

Other rules in Hayward

All Hayward rules

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