Section 17021.5 Of Chapter 2. Application And Scope From California Health And Safety Code >> Division 13. >> Part 1. >> Chapter 2.
17021.5
. (a) Any employee housing which has qualified, or is
intended to qualify, for a permit to operate pursuant to this part
may invoke the provisions of this section.
(b) Any employee housing providing accommodations for six or fewer
employees shall be deemed a single-family structure with a
residential land use designation for the purposes of this section.
For the purpose of all local ordinances, employee housing shall not
be included within the definition of a boarding house, rooming house,
hotel, dormitory, or other similar term that implies that the
employee housing is a business run for profit or differs in any other
way from a family dwelling. No conditional use permit, zoning
variance, or other zoning clearance shall be required of employee
housing that serves six or fewer employees that is not required of a
family dwelling of the same type in the same zone. Use of a family
dwelling for purposes of employee housing serving six or fewer
persons shall not constitute a change of occupancy for purposes of
Part 1.5 (commencing with Section 17910) or local building codes.
(c) Except as otherwise provided in this part, employee housing
that serves six or fewer employees shall not be subject to any
business taxes, local registration fees, use permit fees, or other
fees to which other family dwellings of the same type in the same
zone are not likewise subject. Nothing in this subdivision shall be
construed to forbid the imposition of local property taxes, fees for
water services and garbage collection, fees for normal inspections,
local bond assessments, and other fees, charges, and assessments to
which other family dwellings of the same type in the same zone are
likewise subject. Neither the State Fire Marshal nor any local public
entity shall charge any fee to the owner, operator or any resident
for enforcing fire inspection regulations pursuant to state law or
regulation or local ordinance, with respect to employee housing which
serves six or fewer persons.
(d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing which serves six or fewer
employees shall be considered a residential use of property and a
use of property by a single household, notwithstanding any
disclaimers to the contrary. For purposes of this section, "employee
housing" includes employee housing defined in subdivision (b) of
Section 17008, even if the housing accommodations or property are not
located in a rural area, as defined by Section 50101.
(e) The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development and use of sufficient numbers and types of employee
housing facilities as are commensurate with local needs. This section
shall apply equally to any charter city, general law city, county,
city and county, district and any other local public entity.