HomeMy WebLinkAboutLegislative Review - AB 266 (DeVore) - Large Family Child Care CentersCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE
ACTION ON AB 266 (DE VORE) AT ITS MEETING OF FEBRUARY
22, 2005
DATE: March 10, 2005
CONTENTS: AB 266 Language
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of February 22, 2005, and direct staff to prepare a letter of opposition for the
Mayor's signature with regard to AB 266 (DeVore) relative to the review and permit
process of large family child day care centers.
Executive Summary:
Passage of AB 266 would require local agencies to grant or deny permits within four weeks
of receiving applications for large family child day care facilities and would also require
that local agencies charge $100 or the cost of reviewing the application, whichever is less.
Background:
The California Child Day Care Facilities Act provides for the licensing and regulation of
child day care facilities, including family day care homes. Currently, cities may not prohibit
large family day care homes on lots zoned for single family dwellings and are required to
grant nondiscretionary permits for such use on lots zoned as a single family dwelling while
requiring large family day care homes to apply for a permit to use a lot zoned for single-
family dwellings.
AB 266 would prohibit any fee charged by local governments for the application process
from exceeding $100 or the actual cost of the review and permit process, whichever is
family child day care center within four weeks of receiving the application. The City of
Palm Desert strives to process all use applications received in the most expedious manner
possible, while ensuring that appropriate safeguards are in place and observed. In
ensuring these safeguards, use applications can become labor intensive. Restricting the
amount of fees that can be collected while requiring that the process be completed within
a specified time frame basically constitutes an unfunded State mandate. For this reason
and because the City of Palm Desert opposes any State regulation of the manner in which
it conducts its day to day business, the Legislative Review Committee recommends that
the City Council oppose AB 266 and direct staff to prepare a letter stating that position to
appropriaje legislators for the Mayor's signature.
PATRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANAL
SHEILA R. GIL IGA
ASSISTANT CITY A AGER/PIO
PAUL S. GIBSON
DIR OF FINANCE/CITY TREASURER
CARLOS L. TEGA
CITY MAN GER
AB 266 Assembly Bill - INTRODUCED
Page 1 of 3
BILL NUMBER: AB 266 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member DeVore
(Coauthors: Assembly Members Blakeslee and Walters)
FEBRUARY 8, 2005
An act to amend Section 1597.46 of the Health and Safety Code,
relating to child day care.
LEGISLATIVE COUNSEL'S DIGEST
AB 266, as introduced, 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. Under the 3rd
possible action, the act requires the local government to process any
required permit as economically as possible, with fees charged for
review not to exceed the costs of the review and permit process.
Under the 3rd possible action, this bill would prohibit any fee
charged by the local government for application review from exceeding
the costs of the review and permit process or $100, whichever is
less. Under the 3rd possible action, the bill would also require the
local government to grant or deny a permit within 4 weeks of
receiving the application.
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 1597.46 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,
http ://info. sen. ca. gov/pub/bill/asm/ab_0251-0300/ab_266_bill_20050208_introduced.html 2/26/2005
AB 266 Assembly Bill - INTRODUCED Page 2 of 3
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to such homes,
and complies with subdivision (d) 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, if any,
or if there is no zoning administrator by the person or persons
designated by the planning agency to grant such 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, if any, 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
and shall grant or deny a permit within four weeks of receiving the
application . 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 spacing and concentration, traffic control, parking, and
noise control relating to such homes, and complies with subdivision
(d) 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, and fees charged for review shall not
exceed the costs of the review and permit process or one
- hundred dollars ($100), whichever is less .
Not less 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 such 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) 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.
(c) 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.
(d) 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)
http://info.sen.ca.gov/pub/bill/asm/ab_0251-0300/ab_266 bill_20050208_introduced.html 2/26/2005
AB 266 Assembly Bill - INTRODUCED Page 3 of 3
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.
(e) No later than April 1, 1984, the State Fire Marshal shall
adopt the building standards required in subdivision (d) and any
other regulations necessary to implement the provisions of this
section.
http://info. sen.ca.gov/pub/bill/asm/ab_0251-0300/ab_266 bill 20050208_introduced.html 2/26/2005