San Marcos, CA Home Business: Home Daycare (2026)

California Health and Safety Code Section 1597.45 establishes that small family child care homes (serving up to 8 children) are a residential use of property and cities may not require use permits, impose additional regulations, or prohibit them in residential zones. San Marcos must allow these operations by right. Operators need a license from the California Department of Social Services Community Care Licensing Division, which includes background checks, facility inspections, and compliance with health and safety standards. Large family child care homes (serving 9 to 14 children) also require a state license but may additionally need a conditional use permit or similar approval from the city. The city may impose reasonable conditions on large family daycare related to parking, drop-off and pick-up procedures, and hours of operation. All family child care homes must comply with fire safety standards including working smoke detectors, fire extinguishers, and emergency evacuation plans. Outdoor play areas must be fenced and supervised. The California Department of Social Services maintains a database of licensed child care facilities. San Marcos also participates in regional child care resource and referral services through the county.