ZONING OF COMMUNITY CARE FACILITIES
(Excerpts from the Health and Safety Code)
1566.3. Whether or not unrelated persons are living together, a residential
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, a residential 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 residential facility is a business run
for profit or differs in any other way from
a family dwelling.
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 a residential facility which
serves six or fewer persons as long as such restrictions are identical to
those applied to other family dwellings of
the same type in the same zone.
This section shall not be construed to forbid the application to a residential
care 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 if the ordinance does not distinguish
residential care facilities which serve
six or fewer persons from other family dwellings of the same type in the
same zone; and if the ordinance does not
distinguish residents of the residential care facilities from persons who
reside in other family dwellings of the
same type in the same zone.
No conditional use permit, zoning variance, or other zoning clearance shall
be required of a residential facility
which serves six or fewer persons which is not required of a family dwelling
of the same type in the same zone.
Use of a family dwelling for purposes of a residential 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 such.
sections are applicable to residential facilities providing care for six
or fewer residents.
For the purposes of this section, "family dwelling," includes,
but is not limited to, single-family dwellings, units
in multifamily dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including
mobilehomes located in mobilehome parks, units in cooperatives, units in
condominiums, units in townhouses,
and units in planned unit developments.
(Added by Stats. 1978, Ch. 891. Effective September 19, 1978; Amended by
Stats. 1987, Ch. 1092. Effective
September 23, 1987.)
1567.1. It is further the intent of the Legislature that, where city
or county zoning restrictions unreasonably impair
the ability of a county to serve the needs of its residents who are wards
of the juvenile court, the removal of these
restrictions is hereby encouraged and is a matter of high state interest.
(Added by Stats. 1978, Ch. 889. Effective September 19, 1978.)
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