Temecula, CA Home Business: Home Daycare (2026)

California Health & Safety Code §1597.40 et seq. — the California Child Day Care Facilities Act — declares that family child care homes are a residential use, not a business use, and must be allowed in any zone where single-family homes are permitted. Cities cannot require conditional use permits, special zoning approvals, or business taxes that would not apply to other residences. Small Family Child Care Homes serve up to 8 children (with specific age mixes); Large Family Child Care Homes serve up to 14 children, both including the provider's own children under 10. Both require a license from the California Department of Social Services, Community Care Licensing Division, regional office. Provider requirements include: TrustLine/criminal background check for provider and any household member 18+, CPR/first aid training, immunizations, fire-safety inspection (Large homes), 15 hours of preventive health practices training, and minimum spacing/sleeping arrangement standards. Temecula must allow these uses but may apply standard residential rules: building/fire code compliance, off-street parking equivalent to residential, and noise rules consistent with neighborhood character. Spacing requirements (state law preempts a 300-foot separation rule from another licensed home; Temecula cannot impose additional spacing). The city may not require a Conditional Use Permit. A standard City Business License may still be required for tax administration but cannot be the basis for denial.