Section 1569.85 Of Article 8. Local Regulation From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 8.
1569.85
. (a) Whether or not unrelated persons are living together,
a residential care facility for the elderly 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
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 article.
(b) For the purpose of all local ordinances, a residential care
facility for the elderly 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 the aged, guest home, rest home,
community residence, or other similar term that implies that the
residential care facility for the elderly is a business run for
profit or differs in any other way from a family dwelling.
(c) This section shall not be construed to forbid 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 for the elderly 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.
(d) This section shall not be construed to forbid the application
to a residential care facility for the elderly 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 for the elderly 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 for the elderly from persons who reside in other family
dwellings of the same type in the same zone.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly 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 care
facility for the elderly 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 for the elderly 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.