Article 37 — LARGE FAMILY DAY CARE PERMITS

The purpose of this Article is to establish standards and requirements for allowing quality, licensed family day care within a traditional home setting and to ensure that large family day care in a residential district does not adversely impact the adjacent neighborhood. Licensed family day care is an essential community service, however it must be balanced with the peace, safety and general welfare of surrounding residents. Large family day care homes are allowed in all residential zones subject to a large family day care permit, a State license and compliance with all the requirements of this Article.

A large family day care home for which a valid Large Family Day Care Permit has been issued is permitted within a detached single-family dwelling in all zones within the City that permit detached single- family dwellings.

A large family day care permit is required for any family day care home for seven (7) to fourteen (14) children, inclusive, conducted in the provider’s own residence including children under the age of ten (10) years who reside in the single-family residence.

An application for a large family day care permit will be filed with the Planning Director on a form provided by the Planning Director with the fee as set forth in Chapter 9, Division 9 of the Torrance Municipal Code. The form must be fully completed and executed and returned along with the required supplemental information to the Planning Department. The supplemental information must include the following:

a) Proof of State licensing to operate a large family day care from the State Department of Social Services;

b) In the event the applicant is not the owner of the property, written proof that the applicant has provided thirty (30) days’ written notice to the landlord or owner of the property to the commencement of the large family day care as required in Health and Safety Code Section 1597.40(d);

c) Plot plan to scale indicating location of proposed child play area, child play structures, location and dimension of wall or fence enclosing the proposed play area (including description of wall or fence materials), and required parking and passenger loading/unloading spaces.

It is the intent and design of this Article that large family day care homes be considered a residential use of property and therefore not alter either the residential character or the appearance of the residence or the neighborhood in which the residence is located. To that end, large family day care homes must be conducted in accordance with the following requirements and conditions:

a) The large family day care home must be operated in a single-family residence located in a zoning district that permits single-family residences.

b) The large family day care home must comply with all required development standards for the zoning district in which it is located.

c) The large family day care home is the principal residence of the applicant.

d) The large family day care home must comply with all state and local health and safety standards.

e) The large family day care home must comply with all State Fire Marshall regulations as set forth in Health and Safety Code Section 1597.46 and the applicable provisions of the California Code of Regulations.

f) If the large family day care home is to be conducted in a rental unit, the applicant must demonstrate compliance with Health and Safety Code Section 1597.40(d).

g) Licensing.

• 1. The applicant has obtained a license to operate a large family day care home from the State Department of Social Services;

2. The applicant/operator of the large family day care home must obtain and maintain a current business license from the City. h) Off-Street Parking.

3. In addition to the parking otherwise required for a single-family residence, one (1) paved parking space must be provided for each non-resident employee, nonresident aide and any other non-resident person engaged in the operation of the large family day care home.

4. Such spaces will not be located in the front yard setback areas, except that the driveway area may be used for parking area as long as it does not conflict with any required child drop-off or pick-up area and does not block the public sidewalk or right-of-way. Tandem or side by side parking in the driveway is acceptable. i) Passenger Loading/Unloading.

5. The large family day care home must provide a minimum of one (1) off-street parking space for loading and unloading to avoid interference with traffic and to promote the safety of the children.

6. The driveway area may be used provided that no public sidewalk or right-of-way is blocked. Tandem or side by side parking in the driveway is acceptable. Double parking must not be utilized at any time.

j) Noise.

• 1. In order to reduce noise impacts from the operation of a large family day care home, all open space areas used for child play purposes must be located within the rear yard of the property and must be enclosed with a six (6) foot solid wall or fence (chain link fencing is not permitted) which conforms to the requirements of Chapter 2, Article 13, Section 92.13.1
• 2. Play structures should be located away from adjacent residential uses;
• 3. In addition, the operation of the large family day care home must comply with Article 7, General Noise Regulations, of Division 4, Chapter 6 of the Torrance Municipal Code.

k) Spacing and Concentration. A large family day care home must not be located within one thousand (1,000) feet of another large family day care home (measured from the property line). An existing large family day care home nonconforming with regard to this separation requirement will not be subject to amortization and

elimination.

If all requirements of this Article are satisfied, the Planning Director must issue a large family day care permit within ten (10) days of the filing of the application. If a permit is not issued, the Planning Director will notify the applicant in writing. The notice will set forth the Planning Director’s reasons for denial and the procedures for an appeal of the Planning Director’s determination.

Pursuant to Section 92.30.11 of Article 30, Chapter 2 of Division 9 of the Torrance Municipal Code, the determination of the Planning Director may be appealed to the Planning Commission by the proponent or any person who may be damaged by the said determination. Such appeal will be made in writing to the Planning Commission within fifteen (15) days of the determination of the Planning Director. Notice of the time and place of the appeal hearing will be made to the proponent and any person appealing.

The determination of the Planning Commission may be appealed to the City Council pursuant to the provisions of Section 11.5.1 of Article 5 of Chapter 1 of Division 1 of the Torrance Municipal Code.

The Planning Director may revoke a large family day care permit upon notice and hearing for any violation of this Article.