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Menifee, CA Home Business: Home Daycare (2026)

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

Key Facts

State status
Residential use by right
Local fees
No business license fee or tax allowed
Small day care
Permitted by right, all residential zones
Large day care
Ministerial Chapter 9.60 permit
Staffing
One non-resident assistant allowed

Summary

State law makes small and large family day care homes a residential use by right; Menifee may not charge a business license fee and processes large day care homes through a ministerial Chapter 9.60 permit with no hearing.

HSC 1597.45: (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. Menifee Development Code 9.60.020 Applicability: A Large Family Day Care Home Permit is required prior to the establishment of a large family day care home. 9.60.050 Public Hearing and Notice: No public hearing is required prior to action on an application for a Large Family Day Care Permit.

Full Breakdown

Health and Safety Code Section 1597.45 declares small and large family day care homes a residential use of property and a use by right for all local ordinances, and bars any local business license, fee, or tax on them. Menifee's zoning tables permit small family day care homes by right in all residential zones, while large family day care homes require a ministerial Large Family Day Care Home Permit under Development Code Chapter 9.60, with no public hearing and no appeal. Section 9.255.040.B.1 also lets large family day care homes have one non-resident assistant on the property at a time, an exception to the resident-employee rule.

Violations & Fines

Operating a large family day care home without the ministerial Chapter 9.60 permit can trigger city code enforcement; operating without a state child care license is enforced by the California Department of Social Services.

Frequently Asked Questions

Does Menifee require a permit for a home daycare?
Small family day care homes are permitted by right with no city permit. Large family day care homes need a ministerial Large Family Day Care Home Permit under Development Code Chapter 9.60, with no public hearing required.
Can Menifee charge me a business license fee for my family day care?
No. Health and Safety Code Section 1597.45(b) prohibits local jurisdictions from imposing a business license, fee, or tax for operating a small or large family daycare home.

Sources & Official References

Other rules in Menifee

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