San Leandro, CA Home Business: Home Daycare (2026)
Key Facts
- Local zoning permit
- Not required (state-preempted)
- Local business license/fee
- Prohibited by H&S §1597.45
- State statute
- H&S Code §1597.45 (SB 234, 2019)
- Family daycare capacity
- Up to 14 children
- Required clearances
- Alameda County Fire + CDSS CCL license
- Commercial daycare center
- Administrative Review required by San Leandro
Summary
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.
1597.40. (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 (Repealed and added by Stats. 2019, Ch. 244, Sec. 6.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.)
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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.
Violations & Fines
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).
Frequently Asked Questions
Do I need a San Leandro zoning permit to run a family daycare at home?
Can San Leandro charge me a business license fee for my family daycare?
What clearances do I still need?
What if I want to open a commercial daycare center, not a family daycare home?
Sources & Official References
Other rules in San Leandro
California rules heatmap·Compare San Leandro 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.