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 Pittsburg are governed primarily by the California Child Day Care Facilities Act, Health and Safety Code sections 1596.70 through 1597.622. Section 1597.45 classifies small family day care homes (serving up to 8 children) as a residential use of property and prohibits cities from imposing any business license fee, zoning standard, or permit requirement that is different from those applied to single-family residences. Large family day care homes (serving 7 to 14 children, depending on the mix of ages) must also be treated as a residential use under Senate Bill 234 (2019), which amended section 1597.45 to eliminate the prior conditional use permit option cities once had. Providers must obtain a state license from the California Department of Social Services Community Care Licensing Division, maintain the required adult-to-child ratios, complete 15 hours of preventive health training including pediatric CPR and first aid, and comply with fire clearance standards for large family homes. In Pittsburg, providers must also obtain a city business license. The operator must notify adjacent property owners of the large family day care under state law but need not obtain their consent. State law bars HOAs and CC&Rs from prohibiting family day care homes.
Contact your local code enforcement office for specific penalty information.
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