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Temecula, CA Home Business: Home Daycare (2026)

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

Key Facts

State Classification
Family child care residential
Capacity
Small 8, large 14 kids
CUP Exemption
City cannot require zoning
State License
DSS Community Care
Background Checks
All adult household members

Summary

California state law (H&S §1597.40-1597.46) protects in-home family daycare as a residential use. Small (up to 8 children) and Large (up to 14 children) family child care homes are allowed by right in any Temecula residence and cannot be subjected to local zoning restrictions.

1597.40.

(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.

(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home. (Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.)

Source: CA H&S §1597.40View official code

Full Breakdown

, 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.

Frequently Asked Questions

Does Temecula need to approve my home daycare?
No zoning approval is required. State law preempts local rules. You need a state license from DSS Community Care Licensing and a city Business License for tax purposes.
How many children can I watch at home?
Up to 8 in a Small Family Child Care Home or up to 14 in a Large Family Child Care Home, including your own children under 10, per state ratios.

Sources & Official References

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