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RELATED HEALTH AND SAFETY CODE PROVISIONS , (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 than 30 days,or the home is licensed in less 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 .i allowable under existing law. (5) Section 1596.890 shall not apply to this subdivision. - - §1597-43. Congregate Care Facilities (a) 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 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 i employees and equipment. i 1 t (b) The uses of congregate care facilities are distinguishable from the uses of family day care homes operated under the standards of state law. For purposes of this section, a "congregate care facility"means a"residential facility,"as defined in paragraph(1)ofsubdivision _ (a)of Section 1502. Congregate care facilities are used throughout the day and niglit, 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 drawnto family day care homes. (c) The expansion permitted for family day care homes by Section 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. 194 Compliments of ANGIUS&TERRY LLP Walnut Creek Sacramento and San lose