Hawthorne follows California's family-daycare preemption. Under Chapter 17.73, small family day care homes (up to 8 children) are a permitted residential use in any zone allowing single-family homes, with no use permit. Large family day care homes (up to 14 children) require a city permit but are processed ministerially with limited conditions.
The City of Hawthorne regulates in-home child care through Chapter 17.73 (Family Day Care Homes), tracking the state framework in Health and Safety Code Section 1597.30 et seq. that limits how cities may restrict licensed family day care. A family day care home is defined as a single-family home where nonresidential, nonmedical care, protection, and supervision is provided to children under eighteen on a less-than-24-hour basis by a state-licensed provider in their own home. Small family day care homes are considered a residential use and are a permitted use in all zones where single-family residential uses are permitted - they need no city use permit and care for up to six children, or up to eight (including children under ten residing in the home) when the state conditions on school enrollment and infant limits are met. Large family day care homes, which serve up to twelve children, or up to fourteen (including resident children under ten) under the same qualifying conditions, require a permit from the Planning Department; consistent with state law this is handled without a discretionary use permit or public hearing, with the city limited to spacing, traffic, parking, and noise standards. Hawthorne's parking condition provides that the applicant's driveway shall be sufficient for one employee space and child loading/unloading, provided that the driveway use will not block the public sidewalk right-of-way or the public street. All operators must hold the required state Community Care Licensing license; the City does not substitute its own licensing.
Operating a family day care home without the required state license, or exceeding the child-count limits for a small versus large home, violates Chapter 17.73 and state licensing law. Running a large family day care home without the city permit, or breaching its parking/operating conditions, is grounds for permit denial or revocation, with appeal rights to the Planning Commission.
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Side-by-side rule comparisons with other cities in Los Angeles County.
See how other cities in Los Angeles County handle home daycare.
See how Hawthorne's home daycare rules stack up against other locations.
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