1267.9
. (a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of intermediate care
facilities/development ally disabled habilitative, intermediate care
facilities/developmentally disabled-nursing, congregate living health
facilities, or pediatric day health and respite care facilities, as
defined in Section 1760.2, which impair the integrity of residential
neighborhoods. Therefore, the director shall deny an application for
a new intermediate care facility/developmentally disabled
habilitative license, a new intermediate care
facility/developmentally disabled-nursing license, a congregate
living health facility, or a pediatric day health and respite care
facility license if the director determines that the location is in
such proximity to an existing intermediate care
facility/developmentally disabled habilitative, an intermediate care
facility/developmentally disabled-nursing, a congregate living health
facility, or a pediatric day health and respite care facility as
would result in overconcentration.
(b) As used in this section, "overconcentration" means that if a
new license is issued, either of the following will occur:
(1) There will be intermediate care facilities/developmentally
disabled habilitative, intermediate care facilities/developmentally
disabled-nursing, residential care facilities, as defined in Section
1502, or pediatric day health and respite care facilities which are
separated by a distance of less than 300 feet, as measured from any
point upon the outside walls of the structures housing the
facilities.
(2) There will be congregate living health facilities serving
persons who are terminally ill, diagnosed with a life-threatening
illness, or catastrophically and severely disabled, as defined in
Section 1250, which are separated by a distance of less than 1,000
feet, as measured from any point upon the outside walls of the
structures housing the facilities.
Based on special local needs and conditions, the director may
approve a separation distance of less than 300 feet or 1,000 feet,
whichever is applicable, with the approval of the city or county in
which the proposed facility will be located.
(c) At least 45 days prior to approving any application for a new
intermediate care facility/developmentally disabled habilitative, a
new intermediate care facility/developmentally disabled-nursing, a
congregate living health facility, or a pediatric day health and
respite care facility, the director shall notify, in writing, the
city or county planning authority in which the facility will be
located, of the proposed location of the facility.
(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of intermediate care
facilities/developmentally disabled habilitative, intermediate care
facilities/developmentally disabled-nursing, a congregate living
health facility, or a pediatric day health and respite care facility.
(e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to renew an intermediate care
facility/development ally disabled habilitative license, an
intermediate care facility/developmental ly disabled-nursing license,
a congregate living health facility license, or a pediatric day
health and respite care facility license, or to refuse to grant a
license upon a change of ownership of an existing intermediate care
facility/developmentally disabled habilitative, intermediate care
facility/developmentally disabled-nursing, a congregate living health
facility, or a pediatric day health and respite care facility where
there is no change in the location of the facility.
(f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
intermediate care facilities/developmentally disabled-habilitative,
intermediate care facilities/developmentally disabled-nursing,
residential care facilities, as defined in Section 1502, congregate
living health facilities, or pediatric day health and respite care
facilities.