Home Daycare: Pittsburg vs Richmond

California Health and Safety Code section 1597.45 preempts local zoning and treats small and large family day care homes as residential uses by right. Pittsburg cannot require a conditional use permit for small family day cares (up to 8 children) and must treat large family day cares (up to 14 children) as a permitted residential use under state law. Providers must hold a state license from California Community Care Licensing and obtain a Pittsburg business license.

California Health & Safety Code §1597.45 classifies licensed family day care homes as residential uses and preempts local zoning that would treat them differently from single-family dwellings. Richmond must permit Small (up to 8 children) and Large (up to 14 children) Family Child Care Homes by right in residential zones, subject only to state licensing and minimal local standards.