Section 1568.0831 Of Chapter 3.01. Residential Care Facilities For Persons With Chronic Life-threatening Illness From California Health And Safety Code >> Division 2. >> Chapter 3.01.
1568.0831
. (a) (1) Whether or not unrelated persons are living
together, a residential care facility that serves six or fewer
persons shall be considered a residential use of property for the
purposes of this chapter. In addition, the residents and operators of
the 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 chapter.
(2) For the purpose of all local ordinances, a residential care
facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house,
institution, guest home, rest home, community residence, or other
similar term that implies that the residential care facility is a
business run for profit or differs in any other way from a family
dwelling.
(3) 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 care facility that serves six or fewer persons as long
as the restrictions are identical to those applied to other family
dwellings of the same type in the same zone.
(4) 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 residential care facilities from
persons who reside in other family dwellings of the same type in the
same zone.
(5) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility that
serves six or fewer persons that is not required of a family dwelling
of the same type in the same zone.
(6) Use of a family dwelling for purposes of a residential care
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 these sections are applicable to residential care facilities
serving six or fewer persons.
(b) No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility because of a failure to comply with local ordinances
from which the facilities are exempt under subdivision (a), provided
that the applicant otherwise qualifies for the fire clearance,
license, permit, or similar authorization.
(c) For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after January 1, 1979, a
residential care facility that serves six or fewer persons shall be
considered a residential use of property and a use of property by a
single family, notwithstanding any disclaimers to the contrary.
(d) Nothing in this chapter shall authorize the imposition of rent
regulations or controls for licensed residential care facilities.
(e) Licensed residential care facilities shall not be subject to
controls on rent imposed by any state or local agency or other local
government or entity.