Menifee, CA Home Business: Home Daycare (2026)

Cal. HSC §1597.45 (small) and §1597.46 (large) declare 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 the purposes of all local ordinances, including, but not limited to, zoning ordinances' (SB 234, 2019). A small family daycare (up to 8 children including the provider's own under age 10) and a large family daycare (up to 14 children) must be permitted in any residential zone without a conditional use permit or special-zoning hurdle. The State Fire Marshal preempts local fire/life-safety rules for large family daycares (requires smoke detectors, CO detectors, fire extinguisher, and prescribed exits). Cities may apply only spillover regulations identical to those for all residences in the same zone (noise, parking on the street, traffic). Menifee Development Code §9.255.040 conforms: large family daycare and beauty shops are explicitly allowed one non-resident employee on site, and where employees are present an additional parking space is required. Licensing is through Cal. DSS Community Care Licensing; Menifee's role is limited to general residential zoning and a non-discriminatory business license.