Santa Clara, CA Home Business: Home Daycare (2026)
Key Facts
- State law
- H&S Code 1597.40 preemption
- Small daycare
- Up to 8 children
- Large daycare
- Up to 14 children
- Licensing
- CA Community Care Licensing
- Local permit
- Treated as residential use
Summary
Santa Clara must treat small and large family daycare homes as permitted residential uses under California Health and Safety Code 1597.40, which preempts local zoning restrictions on licensed family daycares.
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.
Full Breakdown
California Health and Safety Code 1597.40 establishes statewide preemption of local regulations for family daycare homes. Santa Clara cannot require a conditional use permit or business license that treats a licensed family daycare differently from a single-family residence. Small family daycares (up to 8 children) and large family daycares (up to 14 children) are permitted by right in all residential zones. Operators must hold a current license from California Department of Social Services Community Care Licensing Division. Santa Clara may enforce reasonable spacing, fire code compliance under the Santa Clara Fire Department, and building safety standards, but cannot impose conditions that do not apply to comparable residences. Operators must carry liability insurance or a bond as required by state law and notify neighbors within 300 feet before opening a large family daycare.
Frequently Asked Questions
Does Santa Clara require a special permit for a family daycare?
How many children can I care for?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara to another location·View the California home business overview
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Home Daycare in Nearby Cities
How other cities in Santa Clara County handle home daycare.