AgdaPkt 2003-08-25 - Laserfiche WebLink

Browse Search

ATTACHMENT 4 Menw To: Mayor Claire and Members of the City Council Copy: Ed Everett, City Manager From: Stan T. Yamamoto, City Attorney Date: May 31, 2002 Re: Further Review of Redwood City Ordinance No. 2.21.1 (c) 8.2-19 On or about May 20, 2002, the City Council directed the City Attorney to conduct further review of the inconsistency existing between California Health & Safety Code § 1597.46 and Redwood City Municipal Code Section 2.21.1(c). In brief, State law has left little discretion to local agencies to regulate in the area of large family daycare homes. Thus, local agencies may not attempt to amend State law to add their own requirements to the permit process. To begin, it is important to first state the legal context in which the State of California has provided for the regulation of family daycare homes. By the passage of Health & Safety Code § 1597.40, the State has set forth its policy: It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. 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 daycare 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 daycare homes for children except as provided in this chapter. The language used by the statute is significant in three respects. First, it makes clear that State law is exclusive in this area. Second, municipal codes such as zoning may not be used to regulate in this area. And, third, local agencies may not impose further restrictions upon single - family residences for family daycare homes for children. As more fully discussed below, the conditions added to the Redwood City non- discretionary permit process are contrary to State law.