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Palm Springs, CA Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rule
H&S §1597.40 declares family child care a residential use
Limit
Small home: up to 8 children; Large home: up to 14
Prohibition
No local conditional use permit or special zoning permit allowed
License
Licensed by CA DSS Community Care Licensing
Waste
HOAs/landlords cannot refuse solely on child-care basis

Summary

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.

(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.

Source: CA H&S Code §1597.40View official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

, 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.

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.

Frequently Asked Questions

Do I need Palm Springs approval to run a day care at home?
No. You need a state license from CCLD; the city cannot require a separate zoning permit beyond that.
Can my HOA ban my licensed family day care?
No. State law overrides HOA restrictions on licensed small/large family day care homes.

Sources & Official References

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