Section 1267.16 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 2.
1267.16
. (a) A congregate living health facility which serves six
or fewer persons shall be considered a residential use of property
for purposes of any zoning ordinance or law related to the
residential use of property. This article does not forbid any city,
county, or local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of a
congregate living health facility as long as these restrictions are
identical to those applied to single-family residences.
(b) This article does not forbid the application to a congregate
living health 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,
except as provided in subdivisions (a) and (b) of Section 1267.9 and
this section.
(c) Any congregate living health facility of more than six beds
for persons who are terminally ill and any congregate living health
facility of more than six beds for persons who are catastrophically
and severely disabled shall be subject to the conditional use permit
requirements of the city or county in which it is located unless
those requirements are waived by the city or county. However, any
facility that, on the effective date of this section, is performing
the functions of a congregate living health facility for persons who
are terminally ill and that is subsequently licensed as a congregate
living health facility within 18 months of the effective date of this
section shall not be subject to the conditional use permit
requirements of the city or county in which it is located, unless the
number of beds is increased.