Home Daycare: Pittsburg vs San Ramon

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.

Family day care homes in San Ramon are protected under California Health & Safety Code 1597.45, which preempts most local restrictions. Small family day care homes (up to 8 children) and large family day care homes (up to 14 children) must be allowed in residential zones as a matter of right, subject only to state licensing and minimal local standards for parking and spacing.