Laserfiche WebLink
i <br /> RELATED HEALTH AND SAFETY CODE PROVISIONS <br /> parking, and noise control relating to such homes, and complies with subdivision(d)and any <br /> regulations adopted by the State Fire Marshal pursuant to that subdivision.Any noise standards <br /> shall be consistent with local noise ordinances implementing the noise element of the general <br /> tan and shall take into c . . <br /> P consideration the noise level generated by children The permit issued <br /> pursuant to this paragraph shall be granted by the zoning administrator,if any,or if there is no <br /> zoning administrator by the person or persons designated by the planning agency to grant such <br /> permits, upon the certification without a hearing. <br /> I <br /> (3) Require any large family day care home to apply for a permit to use a lot zoned <br /> for single-family dwellings. The zoning administrator, if any, or if there is no zoning <br /> I administrator,the person or persons designated by the planning agency to handle the use permits <br /> shall review and decide the applications.The use permit shall be granted if the large family day <br /> care home complies with local ordinances,if any,prescribing reasonable standards,restrictions, <br /> and requirements concerning spacing and concentration,traffic control,parking,and noise control <br /> relating to such homes, and complies with subdivision(d) and any regulations adopted by the <br /> State Fire Marshal pursuant to that subdivision.Any noise standards shall be consistent with local <br /> noise ordinances implementing the noise element of the general plan and shall take into <br /> consideration the noise levels generated by children. The local government shall process any <br /> required permit as economically as possible, and fees charged for review shall not exceed the <br /> costs of the review and permit process. Not less than 10 days prior to the date on which the <br /> decision will be made on the application,the zoning administrator or person designated to handle <br /> such use permits shall give notice of the proposed use by mail or delivery to all owners shown on <br /> the last equalized assessment roll as owning real property within a 100 foot radius of the exterior r <br /> boundaries of the proposed large family day care home. No hearing on the application for a <br /> permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing <br /> is requested by the applicant or other affected person.The applicant or other affected person may <br /> appeal the decision. The appellant shall a the cos if an of <br /> pay t, y the appeal. <br /> (b) A large family day care home shall not be subject to the provisions of Division <br /> 13 (commencing with Section 21000)of the Public Resources Code. <br /> (c) Use of a single-family dwelling for the purposes of a large family day care home <br /> shall not constitute a change of occupancy for purposes of Part 1.5(commencing with Section <br /> 179 10)of Division 13 (State Housing Law),or for purposes of local building and fire codes. <br /> (d) Large family day care homes shall be considered as single-family residences for <br /> the purposes of the State Uniform Building Standards Code and local building and fire codes, <br /> except with respect to any additional standards specifically designed to promote the fire and life <br /> safety of the children in these homes adopted by the State Fire Marshal pursuant to this <br /> subdivision.The State Fire Marshal shall adopt separate building standards specifically relating <br /> to the subject of fire and life safety in large family day care homes which shall be published in <br /> Title 24 of the California Administrative Code.These standards shall applyuniformly throughout <br /> the state and shall include,but not be limited to:(1)the requirement that a large family day care <br /> home contain a fire extinguisher or smoke detector device, or both, which meets standards <br /> established by the State Fire Marshal;(2)specification as to the number of required exits from <br /> the home; and (3) specification as to the floor or floors on which day care may be provided. <br /> Enforcement of these provisions shall be in accordance with Sections 13145 and 13146.No city, <br /> county,city and county,or district shall adopt or enforce any building ordinance or local rule or <br /> regulation relating to the subject of fire and life safety in large family day care homes which is <br /> Compliments ofANGrrtS A TERRY LLP <br /> 196 Walnut Creek,Sacramento and San Jose <br />