Section 1566.3 Of Article 7. Local Regulation From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 7.
1566.3
. (a) Whether or not unrelated persons are living together, a
residential facility that 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 that relates to the residential use of property pursuant to
this article.
(b) For the purpose of all local ordinances, a residential
facility that 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 persons with mental
health disorders, foster care home, guest home, rest home, community
residence, or other similar term that implies that the residential
facility is a business run for profit or differs in any other way
from a family dwelling.
(c) This section shall not be construed to prohibit a city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs of a
residential facility that serves six or fewer persons as long as
those restrictions are identical to those applied to other family
dwellings of the same type in the same zone.
(d) This section shall not be construed to prohibit the
application to a residential care facility of any local ordinance
that 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 that 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. Nothing in this section shall be construed to limit the
ability of a local public entity to fully enforce a local ordinance,
including, but not limited to, the imposition of fines and other
penalties associated with violations of local ordinances covered by
this section.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility that serves six
or fewer persons that is not required of a family dwelling of the
same type in the same zone.
(f) 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.
(g) 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.