Under California's SB 234, Pleasanton must treat both small and large family daycare homes as a residential use by right and cannot require a conditional use permit, business license, fee, or tax. A state license from the Department of Social Services is required; small homes serve up to 8 children, large homes 7 to 14.
Family daycare homes in Pleasanton are governed primarily by California state law. SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), amending Health and Safety Code Sections 1596.78, 1597.40, 1597.45 and related sections, provides that 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 purposes of all local ordinances, including zoning (Section 1597.45(a)). A 'small family daycare home' provides care for eight or fewer children, and a 'large family daycare home' provides care for 7 to 14 children, inclusive (Section 1596.78). Section 1597.45(b) provides that a local jurisdiction 'shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.' This state mandate preempts any older local requirement (such as a conditional use permit historically applied to large family daycare homes), so Pleasanton may not require a CUP or special zoning permit for either size. The home must still be treated like any other residence regarding spacing, building, and zoning standards applicable to single-family homes. All family daycare homes must be licensed by the California Department of Social Services, Community Care Licensing Division under Title 22 regulations, which set staffing, health, and safety requirements. Operators should still verify any standard residential requirements (such as parking that applies generally to dwellings) with the Planning Division.
Operating a family daycare home without the required state license from the Department of Social Services (Community Care Licensing Division) is a violation enforceable by the state. Conversely, the city may not lawfully impose a conditional use permit, business license, fee, or tax that state law (SB 234 / HSC 1597.45) prohibits for small or large family daycare homes.
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