Gardena treats family day care homes as a permitted residential use. Under Municipal Code Section 18.12.020, small family day care homes are permitted in the R-1 zone, and a large family day care home is permitted subject to a home occupation permit under Chapter 18.56, with state licensing.
In Gardena's R-1 single-family zone, Municipal Code Section 18.12.020(D) permits family day care homes, providing that a large family day care home is permitted subject to a home occupation permit under Chapter 18.56. California law defines a small home as up to eight children and a large home as 7 to 14 children (Health and Safety Code Section 1597.465), and under state law (including SB 234) both are a residential use a city must allow in residential zones. The provider must reside in the home and hold a state license from Community Care Licensing. Locally, a large home obtains a home occupation permit, but the City cannot treat the daycare as a prohibited commercial use.
Operating a large family day care home without the required Gardena home occupation permit or the state license violates Chapter 18.56 and state law. Zoning concerns go to Community Development; licensing issues go to state Community Care Licensing.
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