Family Day Care Homes in Palm Springs are protected under California Health & Safety Code §1597.40-1597.465, which declares them a residential use. The city cannot require a conditional use permit or business license beyond what state law allows. Small homes (up to 8 children) and Large homes (up to 14) are licensed by CA Community Care Licensing.
California treats licensed family child care in residences as a residential use as a matter of statewide policy (Health & Safety Code §1597.40 et seq., amended by SB 234 in 2019). Palm Springs cannot require a conditional use permit, special zoning permit, or local business license for a licensed Small Family Day Care Home (up to 8 children) or Large Family Day Care Home (up to 14 children including the provider's own school-age kids). The city can require the operator to maintain a spill-proof non-permeable outdoor surface, standard smoke and carbon-monoxide alarms, and to comply with all Fire Code occupancy rules. Licensing is handled by the California Department of Social Services Community Care Licensing Division, which conducts background checks, inspects the home, and sets staff-to-child ratios. HOAs and landlords cannot refuse to rent solely because the tenant operates a licensed family day care (Civil Code §1597.40). Operators must carry liability insurance or post a bond, maintain first aid/CPR certification, and follow the detailed Title 22 regulations. The city can still enforce general nuisance rules for noise or parking.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Palm Springs code enforcement directly for current fines, enforcement procedures, and hearing options.
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