Under California Health & Safety Code §1597.45 (amended by SB 234, effective Jan. 1, 2020), small and large family daycare homes are a use by right in every residential zone — San Leandro cannot require a zoning permit, business license, or fee for them.
California Health & Safety Code §1597.45 (as amended by SB 234) provides that the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances. A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home, and the use shall not constitute a change of occupancy for purposes of the State Housing Law or local building codes. Family daycare homes are also exempt from the California Environmental Quality Act (Public Resources Code Division 13). State law preempts local laws and regulations governing the use and occupancy of family daycare homes. Consistent with this, San Leandro's official Childcare Resources page confirms that licensed family daycare operations are permitted in any dwelling in the city — including apartments and multifamily units — and that no city permits are required. Providers must still obtain a fire safety clearance from the Alameda County Fire Department and a license from the California Department of Social Services Community Care Licensing Division. Note: a 'family daycare home' under state law serves up to 14 children (per AB 2960, 2019). Commercial daycare centers (not family daycare homes) require Administrative Review by San Leandro Planning.
Operating a family daycare home without the required California Community Care Licensing license is a violation of state Title 22 and can result in license denial/revocation and fines. Operating an unlicensed commercial daycare center in San Leandro without Administrative Review approval is a Zoning Code violation enforceable under Municipal Code Title 1 (misdemeanor unless infraction — $100 first / $200 second within a year).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Leandro, CA
SLMC §4-1-1115 prohibits use of any loudspeaker, loudspeaker system, public address or similar device between 10:00 p.m. and 8:00 a.m. when it disturbs neigh...
San Leandro, CA
San Leandro is unusual among Bay Area cities: SLMC Article 11 sets only one numeric noise threshold — 5 decibels above ambient at the complainant's property ...
San Leandro, CA
San Leandro does not recognize any 'dibs' or 'savie' parking custom. Public streets are public space — placing chairs, cones, garbage cans, or other objects ...
San Leandro, CA
Permitted fence/wall materials are wood, steel, finished concrete, and stucco. Chain-link and corrugated metal fencing are prohibited. Street-facing fences m...
San Leandro, CA
Retaining walls 4 feet or less measured from bottom of footing to top of wall are exempt from a building permit, unless they support a surcharge (e.g., drive...
San Leandro, CA
San Leandro has no standalone hoarding statute, but SLMC §4-11-1100 caps household dogs at two and applies an Animal Permit requirement to additional animals...
Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle home daycare.
See how San Leandro's home daycare rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.