Encinitas, CA Home Business: Home Daycare (2026)

Under California Health and Safety Code Sections 1597.40-1597.46, small family daycare homes serving up to 8 children are classified as residential uses and cannot be prohibited by local zoning in any residential zone. Encinitas must allow small family daycare homes as a matter of right. Operators must obtain a license from the California Department of Social Services, Community Care Licensing Division. Large family daycare homes serving 9 to 14 children may require a conditional use permit from the city depending on the zoning district. The state license requires background checks for all adults in the household, fire clearance from the local fire authority, compliance with indoor and outdoor space requirements (35 square feet of indoor space and 75 square feet of outdoor space per child), and completion of required training hours. Home daycare operators must maintain liability insurance. The Encinitas Fire Prevention District conducts fire clearance inspections for daycare licensing. Parking and traffic impacts from drop-off and pick-up times should be managed to minimize neighborhood disruption. HOAs cannot prohibit small family daycare homes per California law. Contact Community Care Licensing at (619) 767-2200 for licensing information.