BILL NUMBER: AB 2403 CHAPTERED
BILL TEXT
CHAPTER 105
FILED WITH SECRETARY OF STATE JULY 21, 2006
APPROVED BY GOVERNOR JULY 21, 2006
PASSED THE SENATE JUNE 29, 2006
PASSED THE ASSEMBLY MAY 18, 2006
AMENDED IN ASSEMBLY MARCH 27, 2006
INTRODUCED BY Assembly Member DeVore
(Coauthor: Assembly Member Shirley Horton)
FEBRUARY 23, 2006
An act to amend Section 1597.46 of the Health and Safety Code,
relating to child day care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2403, DeVore Large family day care homes: permits.
The California Child Day Care Facilities Act provides for the
licensing and regulation of child day care facilities, including
family day care homes, by the State Department of Social Services.
The act prohibits a city, county, or city and county from prohibiting
large family day care homes on lots zoned for single-family
dwellings, but requires a city, county, or city and county to either
(1) classify large family day care homes as a permitted use of
residential property for zoning purposes, (2) grant a
nondiscretionary permit to use a lot zoned for a single-family
dwelling to any large family day care home that complies with certain
local ordinances, or (3) require any large family day care home to
apply for a permit to use a lot zoned for single-family dwellings.
Under the 3rd possible action by a city, county, or city and county,
the act requires the permit to be granted if the large family day
care home complies with certain local ordinances and the local
government is required to process the permit as economically as
possible, with fees charged for review not to exceed the costs of the
review and permit process.
This bill, with respect to the 3rd possible action, would require
the local government, upon request, to provide an applicant with a
written fee verification, within 45 days of the applicant's request.
The bill would, beginning July 1, 2007, require that the application
form for large family day care permits include a statement of the
applicant's right to request the written fee verification.
This bill would, with respect to the 2nd and 3rd possible action,
require a city, county, or city and county, upon the request of an
applicant, to provide prescribed information on the permit process
and permit fees.
By imposing additional requirements upon local agencies, this bill
would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1597.46 of the Health and Safety Code is
amended to read:
1597.46. All of the following shall apply to large family day
care homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (e) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
Not fewer than 10 days prior to the date on which the decision
will be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. No hearing on the application for a permit issued pursuant
to this paragraph shall be held before a decision is made unless a
hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any of the appeal.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(e) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Administrative Code. These standards shall apply uniformly
throughout the state and shall include, but not be limited to: (1)
the requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, which meets standards
established by the State Fire Marshal; (2) specification as to the
number of required exits from the home; and (3) specification as to
the floor or floors on which day care may be provided. Enforcement
of these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
enforce any building ordinance or local rule or regulation relating
to the subject of fire and life safety in large family day care homes
which is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule
or regulation applies to single-family residences in which day care
is not provided.
(f) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.