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 a 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 regulations adopted by the State
Fire Marshal pursuant to that subdivision. 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 a 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 regulations adopted by the State
Fire Marshal pursuant to that subdivision. 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 a
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 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 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) In connection with an 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 an 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) A large family day care home shall have one or more
functioning carbon monoxide detectors that meet the requirements of
Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of the carbon monoxide
detectors during inspections.
(f) 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 requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, that 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 a building ordinance or local rule or regulation relating to
the subject of fire and life safety in large family day care homes
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.
(g) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.