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Gardena, CA Home Business: Home Daycare (2026)

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

Key Facts

Small family day care
8 or fewer children, by-right, no permit
Large family day care
7 to 14 children, needs Ch. 18.56 permit
Spacing rule
300 linear feet between large day care homes
Permit approver
Community development director
Appeal path
Planning commission, then city council

Summary

Gardena allows a small family day care home, one serving eight or fewer children, as a by-right residential use in any zone where housing is permitted. A large family day care home, serving seven to fourteen children, needs a home occupation permit under Chapter 18.56, which sets parking, spacing, noise and state-licensing conditions the community development director must confirm before approval.

"Large family day care home" means a home that provides family day care to seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in Health and Safety Code Section 1597.465 and as defined in regulations issued by the state of California. Large day care family homes shall be permitted in all residential zones subject to approval of a home occupation permit pursuant to Chapter 18.56. " ... Small family day care home" means a home that provides family day care to eight or fewer children, including children under the age of ten years who reside at the home, as set forth in Health and Safety Code Section 1597.44 and as defined in regulations issued by the state of California. Small family day care homes shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted.

Full Breakdown

Section 18.04.010 of the Gardena Municipal Code defines a small family day care home as one serving eight or fewer children, including children under ten who live at the home, under Health and Safety Code Section 1597.44; the code makes it a permitted residential use in every zone that allows housing, no discretionary review required. A large family day care home, seven to fourteen children under Health and Safety Code Section 1597.465, is permitted in all residential zones only after the community development director approves a home occupation permit under Chapter 18.56.

Section 18.56.020(E) sets five mandatory conditions: one off-street parking space for every employee who drives to the site and needs one, no location within three hundred linear feet of an existing large family day care home unless the applicant shows that home is at full capacity or an unmet service need exists, compliance with the noise element of the general plan, current state licensing, and compliance with State Fire Marshal and local building and fire code requirements for large family day care homes. Section 18.56.030 separately bars uses like beauty shops and vehicle repair from qualifying as home occupations, and Section 18.56.070 lets the director revoke a permit for noncompliance after ten days' written notice, with appeal to the planning commission and then the council under Chapter 18.72.

Violations & Fines

Operating a large family day care home without the required Chapter 18.56 permit, or violating a permit condition, is a code violation under Section 1.16.010: a misdemeanor punishable by up to a $1,000 fine and up to six months in jail, though the city attorney may charge it as an infraction instead, carrying escalating fines of $100, $200 and $500 for repeat violations within a year. The city may also issue a Chapter 1.20 administrative citation as a civil alternative, and the director can revoke a noncompliant permit outright.

Frequently Asked Questions

Can I run a small home daycare in Gardena without a permit?
Yes. Section 18.04.010 treats a small family day care home, one serving eight or fewer children including any under age ten who live there, as a permitted residential use in any zone where housing is allowed, with no zoning permit, home occupation approval or public hearing required from Community Development.
What triggers a home occupation permit for daycare?
Once a home provider cares for seven to fourteen children it becomes a large family day care home under Section 18.04.010, and Section 18.56.020(E) requires a home occupation permit with parking, spacing and licensing conditions before the community development director can approve it.
How close can two large family day care homes be in Gardena?
Section 18.56.020(E)(2) bars a new large family day care home within three hundred linear feet of an existing one, unless the applicant proves the existing home is at full capacity or that an unmet service need exists in the area.

Sources & Official References

Other rules in Gardena

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