LOCAL REGULATION OF ALCOHOLISM RECOVERY FACILITIES
(Excerpts from the Health and Safety Code)
11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means
any premises, place, or building that provides 24-hour residential nonmedical
services to adults who are
recovering from problems related to alcohol, drug, or alcohol and drug misuse
or abuse, and who need alcohol,
drug, or alcohol and drug recovery treatment or detoxification services.
(b) As used in this chapter, "adults" may include, but is not
limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to, mothers
under 18 years of age and their
children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired
emancipation status pursuant to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery
or treatment facility may serve
adolescents upon the issuance of a waiver granted by the department pursuant
to regulations adopted under
subdivision (c) of Section 11834.50.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1988, Ch. 646; Amended
by Stats. 1989, Ch. 919; Amended >
by Stats. 1992, Ch. 620; Amended by Stats. 1993, Ch. 219; Renumbered--formerly
11834.11--and amended by
Stats. 1993, Ch. 741.)
11834.12 (Renumbered to 11834.30 by Stats. 1993, Ch. 741.)
11834.17. No city, county, city and county, or district shall adopt
or enforce any building ordinance or local rule or
regulations relating to the subject of fire and life safety in alcoholism
and drug abuse recovery facilities which is
more restrictive than those standards adopted by the State Fire Marshal.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1987, Ch. 880; Amended
by Stats. 1989, Ch. 919.)
11834.18. (a) Nothing in this chapter shall authorize the imposition
of rent regulations or controls for licensed
alcoholism or drug abuse recovery or treatment facilities.
(b) Licensed alcoholism and drug abuse recovery or treatment facilities
shall not be subject to controls on rent
imposed by any state or local agency or other local government or entity.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1989, Ch. 919.)
11834.20. The Legislature hereby declares that it is the policy of
this state that each county and city shall permit and
encourage the development of sufficient numbers and types of alcoholism
or drug abuse recovery or treatment
facilities as are commensurate with local need.
The provisions of this article apply equally to any chartered city, general
law city, county, city and county,
district, and any other local public entity.
For the purposes of this article, "six or fewer persons" does
not include the licensee or members of the licensee's
family or persons employed as facility staff.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1989, Ch. 919.)
11834.22. An alcoholism or drug abuse recovery or treatment facility
which serves six or fewer persons shall not be
subject to any business taxes, local registration fees, use permit fees,
or other fees to which other single-family
dwellings are not likewise subject. Nothing in this section shall be construed
to forbid the imposition of local
property taxes, fees for water service and garbage collection, fees for
inspections not prohibited by Section
11834.23, local bond assessments, and other fees, charges, and assessments
to which other single-family
dwellings are likewise subject. Neither the State Fire Marshal nor any local
public entity shall charge any fee for
enforcing fire inspection regulations pursuant to state law or regulation
or local ordinance, with respect to
alcoholism or drug abuse recovery or treatment facilities which serve six
or fewer persons.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1989, Ch. 919.)
11834.23. Whether or not unrelated persons are living together, an
alcoholism or drug abuse recovery or treatment
facility which serves six or fewer persons shall be considered a residential
use of property for the purposes of this
article. In addition, the residents and operators of such a facility shall
be considered a family for the purposes of
any law or zoning ordinance which relates to the residential use of property
pursuant to this article.
For the purpose of all local ordinances, an alcoholism or drug abuse recovery
or treatment facility which serves
six or fewer persons shall not be included within the definition of a boarding
house, rooming house, institution or
home for the care of minors, the aged, or the mentally infirm, foster care
home, guest home, rest home,
sanitarium, mental hygiene home, or other similar term which implies that
the alcoholism or drug abuse recovery
or treatment home is a business run for profit or differs in any other way
from a single-family residence.
This section shall not be construed to forbid any city, county, or other
local public entity from placing
restrictions on building heights, setback, lot dimensions, or placement
of signs of an alcoholism or drug abuse
recovery or treatment facility which serves six or fewer persons as long
as the restrictions are identical to those
applied to other single-family residences.
This section shall not be construed to forbid the application to an alcoholism
or drug abuse recovery or
treatment facility of any local ordinance which deals with health and safety,
building standards, environmental
impact standards, or any other matter within the jurisdiction of a local
public entity. However, the ordinance shall
not distinguish alcoholism or drug abuse recovery or treatment facilities
which serve six or fewer persons from
other single-family dwellings or distinguish residents of alcoholism or
drug abuse recovery or treatment facilities
from persons who reside in other single-family dwellings.
No conditional use permit, zoning variance, or other zoning clearance shall
be required of an alcoholism or drug
abuse recovery or treatment facility which serves six or fewer persons that
is not required of a single-family
residence in the same zone.
Use of a single-family dwelling for purposes of an alcoholism or drug abuse
recovery or treatment facility
serving six or fewer persons shall not constitute a change of occupancy
for purposes of Part 1.5 (commencing with
Section 17910) of Division 13 or local building codes. However, nothing
in this section is intended to supersede
Section 13143 or 13143.6, to the extent those sections are applicable to
alcoholism or drug abuse recovery or
treatment facilities serving six or fewer residents.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1989, Ch. 919.)
11834.24. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to
an alcoholism or drug abuse recovery or treatment facility because of a
failure to comply with local ordinances
from which the facility is exempt under Section 11834.23, if the applicant
otherwise qualifies for a fire clearance,
license, permit, or similar authorization.
(Added by Stats. 1984, Ch.1667; Amended by Stats. 1989, Ch. 919.)
11834.25. For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after
January 1, 1979, an alcoholism or drug abuse recovery or treatment facility
which serves six or fewer persons
shall be considered a residential use of property and a use of property
by a single family, notwithstanding any
disclaimers to the contrary.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1989, Ch. 919.)
11834.30. No person, firm, partnership, association, corporation,
or local governmental entity shall operate,
establish, manage, conduct, or maintain an alcoholism or drug abuse recovery
or treatment facility to provide
recovery, treatment, or detoxification services within this state without
first obtaining a current valid license
issued pursuant to this chapter.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1988, Ch. 646; Amended
by Stats. 1989, Ch. 919;
Renumbered--formerly 11834.12--and amended by Stats. 1993, Ch. 741.)
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