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Pittsburg, CA Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Requirement
State license from Community Care Licensing required
Detail
Small day care (up to 8 kids): residential
Detail
Large day care (up to 14 kids): residential
Detail
City cannot require CUP under HSC 1597.45
Requirement
Pittsburg business license still required

Summary

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.

(a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.

(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.

(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.

(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.

(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home.

(f) For purposes of this chapter, "small family daycare home or large family daycare home" includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses.

Source: California Health and Safety Code 1597.45View official code

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

Full Breakdown

622. 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. 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.

Frequently Asked Questions

Does Pittsburg require a special use permit for a family day care?
No. California Health and Safety Code 1597.45 treats both small and large family day care homes as residential uses and preempts local conditional use permit requirements.
What is the maximum number of children I can watch in my Pittsburg home?
Small family day care allows up to 8 children, and large family day care allows up to 14 children, subject to age mix rules and state license requirements.
Can my HOA prohibit me from running a day care at home?
No. California law invalidates HOA CC&R provisions that prohibit licensed family day care homes in residential neighborhoods.

Sources & Official References

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