BILL NUMBER: AB 2137 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bradford
FEBRUARY 23, 2012
An act to amend Sections 1597.30, 1597.40, 1597.43, and 1597.46 of
the Health and Safety Code, relating to family day care homes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2137, as introduced, Bradford. Family day care homes.
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 (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.
This bill would instead authorize a city, county, or city and
county to prohibit large family day care homes on lots zoned for
single-family dwellings. The bill would encourage, rather than
require, the 3 actions specified above. This bill also would make
technical and conforming changes to these provisions, and would make
associated changes with respect to legislative findings and
declarations and the Legislature's intent in enacting these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1597.30 of the Health and Safety Code is
amended to read:
1597.30. The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities due
to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes. However, it is in the state's
interest that this preference be balanced against the
potential negative impact to the surrounding single-family
neighborhood in terms of spacing and concentration, traffic control,
parking, and noise control.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives for
parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure
adequate care for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision of
adequate protection, supervision, and guidance to children in their
homes.
SEC. 2. Section 1597.40 of the Health and Safety Code is amended
to read:
1597.40. (a) It is the intent of the Legislature that small
family day care homes for children should be situated in normal
residential surroundings so as to give children the home environment
which is conducive to healthy and safe development. It is the public
policy of this state to provide children in a small
family day care home the same home environment as provided in a
traditional home setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of small family day care homes for children,
except as specifically provided for in this chapter, and to prohibit
any restrictions relating to the use of single-family residences for
small family day care homes for children except as
provided by this chapter.
(b) Every provision in a written instrument entered into relating
to real property which that purports to
forbid or restrict the conveyance, encumbrance, leasing, or
mortgaging of the real property for use or occupancy as a family day
care home for children, is void and every restriction or prohibition
in any such written instrument as to the use or occupancy of the
property as a family day care home for children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in less
fewer than 30 days, or the home is licensed in
less fewer than 30 days, in order that service
to the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
SEC. 3. Section 1597.43 of the Health and Safety Code is amended
to read:
1597.43. The Legislature finds and declares all of the following:
(a) Family Small family day care
homes operated under the standards of state law constitute accessory
uses of residentially zoned and occupied properties and do not
fundamentally alter the nature of the underlying residential uses.
Family Small family day care homes draw
clients and vehicles to their sites during a limited time of day and
do not require the attendance of a large number of employees and
equipment.
(b) The uses of congregate care facilities and large family
day care homes are distinguishable from the uses of small
family day care homes operated under the standards of state
law. For
(1) For purposes of this section,
a "congregate care facility" means a "residential facility," as
defined in paragraph (1) of subdivision (a) of Section 1502.
Congregate care facilities are used throughout the day and night, and
the institutional uses of these facilities are primary uses of the
facilities, not accessory uses, and draw a large number of employees,
vehicles, and equipment compared to that drawn to small
family day care homes.
(2) Large family day care homes draw a larger number of employees,
vehicles, and noise than do small family day care homes and shall
not be considered an accessory use.
(c) The expansion permitted for family day care homes by Sections
1597.44 and 1597.465 is not appropriate with respect to congregate
care facilities, or any other facilities with quasi-institutional
uses. Therefore, with these provisions, the Legislature does not
intend to alter the legal standards governing congregate care
facilities and these provisions are not intended to encourage, or be
a precedent for, changes in statutory and case law governing
congregate care facilities.
SEC. 4. Section 1597.46 of the Health and Safety Code is amended
to read:
1597.46. All of the following shall apply
With regard to large family day care homes:
(a) A city, county, or city and county shall not
may prohibit large family day care homes on lots
zoned for single-family dwellings, but shall do one of the
following: dwellings.
(b) A city, county, or city and county is encouraged, but not
required, to do one of the following as it relates to large family
day care homes:
(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) (f)
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 Any 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) (A) 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) (f) 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
(B) If a city, county, or city and
county elects to implement this paragraph, 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 less
(C) If a city, county, or city and
county elects to implement this paragraph, 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. A hearing on
the application for a permit issued pursuant to this paragraph shall
not 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)
(c) In connection with any action taken pursuant to
paragraph (2) or (3) of subdivision (a) (b)
, 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)
(d) 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)
(e) 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)
(f) (1) 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 Code of Regulations. These
standards shall apply uniformly throughout the state and shall
include, but not be limited to : (1) the all
of the following:
(A) 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 .
(B) Specification as to the
number of required exits from the home ; and (3)
specification .
(C) Specification as to the floor
or floors on which day care may be provided. Enforcement
(2) Enforcement of these
the provisions described in paragraph (1)
shall be in accordance with Sections 13145 and 13146.
No A city, county, city and county, or district
shall not 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 that
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)
(g) The State Fire Marshal shall adopt the building
standards required in subdivision (d) (e)
and any other regulations necessary to implement this section.