SECTIONS 11834.20-11834.25

11834.20.  The Legislature hereby declares that it is the policy ofthis state that each county and city shall permit and encourage thedevelopment of sufficient numbers and types of alcoholism or drugabuse recovery or treatment facilities as are commensurate with localneed. The provisions of this article apply equally to any charteredcity, general law city, county, city and county, district, and anyother local public entity. For the purposes of this article, "six or fewer persons" does notinclude the licensee or members of the licensee's family or personsemployed as facility staff.11834.21.  Any person licensed under this chapter who operates orproposes to operate an alcoholism or drug abuse recovery or treatmentfacility, the department or other public agency authorized tolicense such a facility, or any public or private agency which usesor may use the services of the facility to place its clients, mayinvoke the provisions of this article. This section shall not be construed to prohibit any interestedparty from bringing suit to invoke the provisions of this article.11834.22.  An alcoholism or drug abuse recovery or treatmentfacility which serves six or fewer persons shall not be subject toany business taxes, local registration fees, use permit fees, orother fees to which other single-family dwellings are not likewisesubject. Nothing in this section shall be construed to forbid theimposition of local property taxes, fees for water service andgarbage collection, fees for inspections not prohibited by Section11834.23, local bond assessments, and other fees, charges, andassessments to which other single-family dwellings are likewisesubject. Neither the State Fire Marshal nor any local public entityshall charge any fee for enforcing fire inspection regulationspursuant to state law or regulation or local ordinance, with respectto alcoholism or drug abuse recovery or treatment facilities whichserve six or fewer persons.11834.23.  Whether or not unrelated persons are living together, analcoholism or drug abuse recovery or treatment facility which servessix or fewer persons shall be considered a residential use ofproperty for the purposes of this article. In addition, the residentsand operators of such a facility shall be considered a family forthe purposes of any law or zoning ordinance which relates to theresidential use of property pursuant to this article. For the purpose of all local ordinances, an alcoholism or drugabuse recovery or treatment facility which serves six or fewerpersons shall not be included within the definition of a boardinghouse, rooming house, institution or home for the care of minors, theaged, or the mentally infirm, foster care home, guest home, resthome, sanitarium, mental hygiene home, or other similar term whichimplies that the alcoholism or drug abuse recovery or treatment homeis a business run for profit or differs in any other way from asingle-family residence. This section shall not be construed to forbid any city, county, orother local public entity from placing restrictions on buildingheights, setback, lot dimensions, or placement of signs of analcoholism or drug abuse recovery or treatment facility which servessix or fewer persons as long as the restrictions are identical tothose applied to other single-family residences. This section shall not be construed to forbid the application toan alcoholism or drug abuse recovery or treatment facility of anylocal ordinance which deals with health and safety, buildingstandards, environmental impact standards, or any other matter withinthe jurisdiction of a local public entity. However, the ordinanceshall not distinguish alcoholism or drug abuse recovery or treatmentfacilities which serve six or fewer persons from other single-familydwellings or distinguish residents of alcoholism or drug abuserecovery or treatment facilities from persons who reside in othersingle-family dwellings. No conditional use permit, zoning variance, or other zoningclearance shall be required of an alcoholism or drug abuse recoveryor treatment facility which serves six or fewer persons that is notrequired of a single-family residence in the same zone. Use of a single-family dwelling for purposes of an alcoholism ordrug abuse recovery facility serving six or fewer persons shall notconstitute a change of occupancy for purposes of Part 1.5 (commencingwith Section 17910) of Division 13 or local building codes. However,nothing in this section is intended to supersede Section 13143 or13143.6, to the extent those sections are applicable to alcoholism ordrug abuse recovery or treatment facilities serving six or fewerresidents.11834.24.  No fire inspection clearance or other permit, license,clearance, or similar authorization shall be denied to an alcoholismor drug abuse recovery or treatment facility because of a failure tocomply with local ordinances from which the facility is exempt underSection 11834.23, if the applicant otherwise qualifies for a fireclearance, license, permit, or similar authorization.11834.25.  For the purposes of any contract, deed, or covenant forthe transfer of real property executed on or after January 1, 1979,an alcoholism or drug abuse recovery or treatment facility whichserves six or fewer persons shall be considered a residential use ofproperty and a use of property by a single family, notwithstandingany disclaimers to the contrary.