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Alameda County, CA Home Business: Home Daycare (2026)

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

Key Facts

Preemption statute
Cal. Health & Safety Code 1597.40
Small family daycare
Up to 8 children
Large family daycare
Up to 14 children
State license
Community Care Licensing (CDSS)
Local permits
May not require CUP for family daycare

Summary

Family daycare homes are protected by California Health & Safety Code 1597.40, which treats small and large family daycare as residential uses and preempts restrictive local zoning.

City-specific rules exist: San Leandro, Fremont, Hayward, Berkeley, Livermore, and Oakland have their own home daycare rules that differ from Alameda County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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.

Source: CA H&S Code 1597.40View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

California Health and Safety Code Section 1597.40 classifies family daycare homes as residential uses of property for purposes of all local ordinances. Small family daycare (up to 8 children including the provider's own) and large family daycare (up to 14 children) must be permitted in any single-family residential zone without a use permit, conditional use permit, or special permit. Alameda County and its cities may not impose business license, sign, fee, or inspection requirements that treat daycare homes differently from other residences, though reasonable standards for parking, concentration (minimum spacing between homes), and non-conflicting building and fire code provisions are allowed. Licensure is handled by the California Department of Social Services, Community Care Licensing Division, which inspects homes, conducts background checks on all adults present, and enforces child-to-provider ratios and health and safety rules. Providers must still comply with home occupation standards unrelated to the daycare use itself.

Frequently Asked Questions

Does the county license daycares?
No. Family daycare homes are licensed by the California Department of Social Services, not the county.
Can HOAs or CC&Rs ban home daycares?
State law limits the ability of CC&Rs to prohibit family daycare in single-family homes; consult an attorney for specific restrictions.

Sources & Official References

Other rules in Alameda County

All Alameda County rules

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Home Daycare in Cities Across Alameda County