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Home My WebLink AboutMINUTES - 05071996 - C39 BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATORngi Costa s County DATE: May 2, 1996 ---== `4y SUBJECT: OPPOSITION TO SB 1695 (KOPP) RE USE OF RENTAL PROPERTY AS A LICENSED FAMILY DAY CARE HOME SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in OPPOSITION to SB 1695 by Senator Quentin Kopp, which would authorize a landlord to restrict or prohibit a tenant from using rental or leased property as a family day care home for children, and to place conditions on the use of the premises as a family day care home. BACKGROUND: For a number of years, the Legislature has been on record in California as insisting that family day care homes be located in residential areas and that local jurisdictions not be permitted to zone them out of existence. Health and Safety Code Section 1597.40 currently reads in part as follows: "It is the intent of the Legislature that family day care homes for children must be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home the same home environment as provided in a traditional home setting. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 7, 1 996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 7, 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SU ORS AND COUNTY ADMINI ATOR See Page 2 BY ZaUTY "The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use or occupancy of family day care homes for children, except as specifically provided for in this chapter, and to prohibit any restrictions relating to the use of single-family residences for family day care homes for children except as provided by this chapter." Senator Kopp has introduced SB 1695 which, as amended March 26, 1996, would amend this language to exclude rental property from these protections for the children and instead allow landlords to restrict or prohibit a tenant from using the property as a family day care home for children. In addition, a landlord could place conditions on the use of the property as a family day care home for children. The amendments proposed by Senator Kopp are completely contrary to the stated intent of the Legislature to place no restrictions on the use of residential property as a family day care home. It is difficult enough to find a sufficient number of quality family day care operators under the existing rules. Enactment of SB 1695 could effectively eliminate all rental housing from being available for family day care and would eliminate many dedicated family day care operators who happen not to own their own homes from remaining in business as family day care operators. As written, the rights of the landlord are absolute under SB 1695. A landlord is not required to give any reason for prohibiting the use of his or her property as a family day care home for children. Nor do the conditions have to be reasonable or related to any logic regarding safeguarding the property. At its regular meeting on April 24, 1996, the Child Care Task Force voted unanimously to ask the Board of Supervisors to oppose SB 1695 and to forward its position to Senator Kopp and members of this County's legislative delegation. On the basis of the action by the Child Care Task Force we are recommending that the Board oppose SB 1695. cc: County Administrator Social Service Director Acting Community Services Director The Honorable Quentin Kopp Senator, 8th District Room 2057 State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Child Care Task Force (Via CAO) -2- AMENDED IN SENATE MARCH 26, 1996 SENATE BILL No. 1695 Introduced by Senator Kopp February 21, 1996 Aft aet to affiend Spens 1596.78, 1597:48; faid 157-1 of An act to amend Section 1597.40 of the Health and Safety Code, relating to child day care facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1695, as amended; Kopp. Child day. care facilities: family day care homes. Existing law provides for the licensure and regulation of child day care facilities, including family day care homes;aftd defines a faffiib,da5�ease hese ats a hefne thatt py-o-vides feffiily dfty earn to a oe7preserib xhe of eke pre ' e�an hese. Existing law also states the intent of the Legislature that family day care homes be required to be situated in residential surroundings, and to prohibit any restrictions relating to the use of single-family residences for family day care homes. Ewing law atse pre es that a vielatielft. of the ehild day ease r„ewes is set to eriffiinal sanetien . ' 449 bill wettld .� the of & ease hese to��as a - '��~ ��, ��-,w.�the�►�e � resides etftd that is eyed 49�y the fafnily dad eare hues to hues that awe evened by the this billeeld eherage the defiftitiee of a e thereby a leea! . 4 weld A. else ehange the st tef e ef legislative fent to apply .to 98 C.31 F SB 1695 — 2 — ewfterE , faffiily side ar-e used faf Emily day ease l�e�es. g lam fesf.4ffiily day easeees ewe fftoifttain eikef lietbility of a bend, as prred; aid ffietkes where the � use ets ft fetffiily 4ery 1 <. e�e7 e hofne awe owned by perrs.e e fife 43-y � liasseeiat _J J. This lill wauld delete the Y-eferene to where Iche a&e owned 43y per-sefr Teeces the smote leeel a*d seheel di9tr-iet-s fer eertaift eests ffietnElated the . feT- T44-9 b44 wettlEl py-e vzide fte ffib.,,..s.._.,. eint is r-equired 43y 94s aet fef a Y-e&saft. This bill would authorize a landlord. to restrict or prohibit a tenant or lessee from using ren tal or leased premises as a family day care home for children, and to place conditions ,i upon the use of the premises as a family day care home for children. >� Vote: majority. Appropriation: no. Fiscal committee:yesno. State-mandated local program: yes no. The people of the State of California do enact as follows.- 1- SEGPON-1-. Seetion ollows.1 1,596.78 4 the Healer aid Safety 2 Cede is aftiended to read: 3 1596.78. day ease " fears a beffie #-list 4 des earl , aid stipevvist. . er 42 5 er fewer e ;lar r, a ;a er t.„A drwelling where the 6 previder reser acrd is evened by the , feT- 7 perry of leas than 24 hettrs per dft)�-,-ale Ote pares e- 8 gtiardiafts awe awety, aid ineledes the €elle 10 dwelling a d}e aid a s a w t i e d by 11 the pfe-Vi.der pr-evides family day eare tre -7 to 42 12 eh='dr-eft-- el ehildr-eti ceder the age of 40 ` 13 yeas whe reside a+ the hese, as Elefiped lft _=gu a~_ . 14 � a f tnily � ease �" a w i of ti 15 dwelling wher-6 the previdef resides and th4 is ewned by d 98 _ — 3 — SB 1695 1 the py-svider- t13atase to sm of fewer - 2 �y�e 2 "h:' r ttfider- t13e age of 4A yeas-s to 3 whe reside at the heffie,, as deed t4bed, 4 SEG. 2 5 SECTION I. Section 1597.40 of the Health and Safety 6 Code is amended to read: 7 1597.40. (a) It is the intent of the Legislature that 8 family day care homes for children should be situated in 9 normal residential surroundings so as to give children the . tee 10 home environment which is conducive to healthy and dated 11 safe development. It is the public policy of this state to �-9 fef 12 provide children in a family day care home the same 13 home environment as provided in a traditional home :eyed 14 setting. 15 The Legislature declares this policy to be of statewide _?hibit 16 concern with,the purpose of occupying the field to the -s as a 17 exclusion of municipal zoning,building and fire codes and 'tions 18 regulations governing the use or occupancy of family day 2e for 19 care homes for children, except as specifically provided 20 for in this chapter, and to prohibit any restrictions esno. 21 relating to the use of ownety- , single-family 22 residences for family day care homes for children except 23 as provided by this chapter. 'Tows: 24 (b) Every provision in a written instrument entered 25 into relating to real property which purports to forbid or 26 restrict the conveyance, encumbrance, leasing, or 27 mortgaging of sok er- eeeepied the real property for 28 use or occupancy as a family day care home for children, e€42 29 is void and every restriction or prohibition in any such e the 30 written instrument as to the use or occupancy of the fe Y 31 property as a family day care home for children is void. mer 32 (c) Evet:y Except asprovidedin subdivision (d), every m 33 restriction or prohibition entered into, whether by way of 34 covenant, condition upon use or occupancy, or upon ed by 35 transfer of title to real property, which restricts or to 4-2 36 prohibits directly, or indirectly limits, the acquisition, use, of 470 37 or occupancy of such property for a family day care home 38 for children is void. tift! 39 SEG. a: Seetien 1597531 of the Health a33d Safety J ed 40 Cede is a et aea to 98 98 as aaa as aaa OLWA OWL LIN 2 • as aaa 1 - - Own I N3 -LM-XWAML.:M • : WA I : OIL. C' .39 — 5 — SB 1695 1 +2 111V aE1ditien V1 `11V he An At: 2 ee+ r-estAt ift eetneellettien e - r e ,,, of the - 3 pehey e by Ore �`dery eayre .tee a 4 assessed� 6 jet- AR used in this schen- "haffiee seeiatien in the7 ffieaes a asseetati .t, of a eeffiffien =west dalletr-s � 8 a� Elefined ift Seetion 4454 of the Gid e bend, 9 S£:� 4- Ne w,b.,..n,.f e t is r-equirred by this aet f4EI&VA10 pur-sea to Seetien 6 e€ ^r-tiele X414 -B e€ the e ben3e 11 GenstittAieft beeattse the en4y eests thftt ffifty be wed ma- The 12 by a 4eea} ageney e - sehee4 Elistr-iet wi44 be iedthfat 13 beesnse this aet e�� a new er-ime ef inf-retetieft-, liability 14 elimittat a erife eT- , eK- ehanges ire peftakd shed by 15 -a er-iffie ew .n ra„t:et-, withinthe of Seetien a*dfty 16 17556 of the G e- er-tiffi e t Cede, e -eheatges theElefinitien 17 of a e ►_e within the of Seetien 6 of Azr-tiele :=est bas 18 X414 -B of the �a . e the 19 See ien X589 e `�'e � ,�--ti nt 20 mess eta,,....w n tyre 4 this aet V 1: ;mo i 21 s beeerrie en the sage date that the aet the 22 des e€€eet to the 23 (d) Notwithstanding subdivision (c), a landlord may the 24 restrict orprohibit a tenan tor lessee from using the rental e r— 25 or leased premises as a family day care home for children, ided by 26 or may place conditions upon the use ofsuch premises as 27 a family day care home for children. liability Mrd mat t spaee .tne the El Pffft�' of the 3wner-s' d as an C 98