HomeMy WebLinkAboutAgenda Report - February 3, 1982 (42)CITY COUNCIL MEETING
FEBRUARY 3, 1982
C-a�'NICATIUtNS
CrfY CIS
SYNOPSUS OF CIVUY'ER A Synopsis of Chapter 1162, 1982 Stats. regarding Family
1162, 1982 STATS. Day Care Hanes was presented for Council's perusal.
RE=SFNi'ED 'IO
COUNCIL
MEi LORANDUi I
January 12, 1982
TO: Bob Ching, Deputy Director of Planning
At Frank Ai-ord, Senior Planner
FRCM: Janet K Gladfelter, Deputy City Attorney
CHAPTER 1162, 1982 STATS. (FAMILY DAY CARE HOMES)
T:-iis is to confirm
concerning AB 1670
Statutes of 1981,
children.
our discussion of January 5, 1982,
which was enacted as Chapter 1162 of the
concerning Family Day Care Homes for
The above -reference legislation adds Section 1597.501 to the
Health and Safety Code, declaring that this amendment is a
matter of statewide concern with the purpose to occupy the
field to the exclusion of municipal zoning regulations
regulating the use or occupancy of family day care homes for
children as other than residential use or occupancy and to
prohibit any restrictions relating to use of prcgerty for
family day care homes for children w-ider this chapter.
Specifically, no conditional use permit may be required for
such residences.
Stockton Municipal Code Section. 16-031.1.D, expressly provides
for day care centers in residential zones within the City of
Stockton provided a Use Permit is secured, and minimum
standards are complied with. Upon a casual reading, Chapter 1162
would seen to prohibit Cizy regulation by Use Permit of an dfcy
care centers, regardless of the number of children serve
However, upon further research, and discussions with the pay
Area Chili Care Law Project, :which is deeply involved in this
legislation, it is clear that the legislation was sloppily
drafted and contains several important omissions:
a. The number o` children which may be served by the
Family Day Gare Home pursuant to Chapter 1162 is not unlimited.
The proposed reulatio-:s �1 ich will appear in 22 Cal. Administrative
Code, specify that the facilities licensed by the State under
AB 1.670 will be limited co 12 children. The City of Stockton
retains its existing aut:cor ty to contrcl, through Use Permits,
day care centers sefving r:ore than 12 children.
1
Bob Ching
January 12, 1982
Wage Two
b. Family Day Care Homes has not been defined by AB 1670,
another omission which will be corrected by subsequent
legislation or regulations.
c. The preemption by the State of control over Family Day
Care Homes serving 12 or fewer children does not render ineffective
the whole range of local controls concerning fire and building
regulations and zoning requirements having to do with set -backs
and parking. The simple effect is to prohibit the requirement
of local use permits for the Family Day Care Homes licensed by
authority of AB 1670.
Therefore, for our purposes it is probably sufficient to read
existing SMC Section 16-031.1.C. as: "Day Care Honies--limited
to those licensed by the State or County and a c comma datija-g.-no t
more than twelve (12) children... ." and to read subparagraph
D.4, "Day -Care Centers subject to the following minimum standards,"
as applicable to only those centers serving more than 12 children.
JKG:jb