ZONING OF HOMES OR FACILITIES FOR
MENTALLY DISORDERED, HANDICAPPED
PERSONS, OR DEPENDENT AND
NEGLECTED CHILDREN
(Excerpts from the Welfare and Institutions Code)
5115. The Legislature hereby finds and declares:
(a) It is the policy of this state, as declared and established in this
section and in the Lanterman Developmental
Disabilities Services Act, Division 4.5 (commencing with Section 4500),
that mentally and physically
handicapped persons are entitled to live in normal residential surroundings
and should not be excluded therefrom
because of their disability.
(b) In order to achieve uniform statewide implementation of the policies
of this section and those of the
Lanterman Developmental Disabilities Services Act, it is necessary to establish
the statewide policy that the use of
property for the care of six or fewer mentally disordered or otherwise handicapped
persons is a residential use of
such property for the purposes of zoning.
(Amended by Stats. 1978, Ch. 891. Effective September 19, 1978.)
Note: Stats. 1972, Ch. 1148, reads:
SEC. 18. The provisions of Section 5115 of the Welfare and Institutions
Code relating to the residential use for
purposes of zoning of homes for the care of six or fewer mentally disordered
or otherwise handicapped persons,
shall be applicable to Chapter 2 (commencing with Section 1400) of Division
2 of the Health and Safety Code.
Nothing in this act shall be construed as authorizing local agencies to
impose stricter zoning or building and
safety standards upon existing institutions than existed prior to its enactment.
5116. Pursuant to the policy stated in Section 5115, a state-authorized,
certified, or licensed family care home, foster
home, or group home serving six or fewer mentally disordered or otherwise
handicapped persons or dependent
and neglected children, shall be considered a residential use of property
for the purposes of zoning if such homes
provide care on a 24-hour-a-day basis.
Such homes shall be a permitted use in all residential zones, including,
but not limited to, residential zones for
single-family dwellings.
(Amended by Stats. 1978, Ch. 891. Effective September 19, 1978.)
5117. In order to further facilitate achieving the purposes of this
act and the Lanterman Mental Retardation Act of
1969, it is desirable that there be a consolidation of the facilities standard
setting, licensure and ratesetting
functions of the various state departments under the jurisdiction of the
Health and Welfare Agency.
(Amended by Stats. 1979, Ch. 373.)
5120. It is the policy of this state as declared and established
in this act and in the Lanterman-Petris-Short Act that
the care and treatment of mental patients be provided in the local community.
In order to achieve uniform
statewide implementation of the policies of this act, it is necessary to
establish the statewide policy that, notwithstanding any other provision of law, no city or county shall discriminate
in the enactment, enforcement, or
administration of any zoning laws, ordinances, or rules and regulations
between the use of property for the
treatment of general hospital or nursing home patients and the use of property
for the psychiatric care and
treatment of patients, both inpatient and outpatient.
Health facilities for inpatient and outpatient psychiatric care and treatment
shall be permitted in any area zoned
for hospitals or nursing homes, or in which hospitals and nursing homes
are permitted by conditional use permit.
(Amended by Stats. 1972, Ch. 559. Effective August 4, 1972.)
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