Hayward, CA Home Business: Home Daycare (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.
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?
Does Hayward require a separate business license?
Sources & Official References
Other rules in Hayward
California rules heatmap·Compare Hayward 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.