1569.82. The Legislature hereby declares that it is the policy of
this state that each county and city shall permit and encourage the
development of sufficient numbers of residential care facilities for
the elderly as are commensurate with local need.
This article shall apply equally to any chartered city, general
law city, county, city and county, district, and any other local
public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee or members of the licensee's family or persons
employed as facility staff.
1569.83. Any person licensed under this chapter who operates, or
proposes to operate a residential care facility for the elderly, the
department or other public agency authorized to license the facility,
or any public or private agency which uses or may use the services
of the facility to place its clients, may invoke this article.
This section shall not be construed to prohibit any interested
party from bringing suit to invoke this article.
1569.84. A residential care facility for the elderly, which serves
six or fewer persons 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 section shall be construed to
forbid the imposition of local property taxes, fees for water service
and garbage collection, fees for inspections not prohibited by
Section 1569.85, 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 for enforcing fire
inspection regulations pursuant to state law or regulation or local
ordinance, with respect to residential care facilities for the
elderly which service six or fewer persons.
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.
1569.85. Whether or not unrelated persons are living together, a
residential care facility for the elderly which 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 which relates to the residential use of
property pursuant to this article.
For the purpose of all local ordinances, a residential care
facility for the elderly which 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,
sanitarium, mental hygiene home, or other similar term which 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.
This section shall not be construed to forbid any 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 which 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.
This section shall not be construed to forbid the application to a
residential care facility for the elderly of any local ordinance
which 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 which 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.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly which serves six or fewer persons which is not required of a
family dwelling of the same type in the same zone.
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.
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.
1569.86. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility for the elderly because of a failure to comply with
local ordinances from which the facilities are exempt under Section
1569.85, provided that the applicant otherwise qualifies for the fire
clearance, license, permit, or similar authorization.
1569.87. For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after January 1, 1979, a
residential facility for the elderly which 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.
1569.82. The Legislature hereby declares that it is the policy of
this state that each county and city shall permit and encourage the
development of sufficient numbers of residential care facilities for
the elderly as are commensurate with local need.
This article shall apply equally to any chartered city, general
law city, county, city and county, district, and any other local
public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee or members of the licensee's family or persons
employed as facility staff.
1569.83. Any person licensed under this chapter who operates, or
proposes to operate a residential care facility for the elderly, the
department or other public agency authorized to license the facility,
or any public or private agency which uses or may use the services
of the facility to place its clients, may invoke this article.
This section shall not be construed to prohibit any interested
party from bringing suit to invoke this article.
1569.84. A residential care facility for the elderly, which serves
six or fewer persons 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 section shall be construed to
forbid the imposition of local property taxes, fees for water service
and garbage collection, fees for inspections not prohibited by
Section 1569.85, 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 for enforcing fire
inspection regulations pursuant to state law or regulation or local
ordinance, with respect to residential care facilities for the
elderly which service six or fewer persons.
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.
1569.85. Whether or not unrelated persons are living together, a
residential care facility for the elderly which 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 which relates to the residential use of
property pursuant to this article.
For the purpose of all local ordinances, a residential care
facility for the elderly which 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,
sanitarium, mental hygiene home, or other similar term which 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.
This section shall not be construed to forbid any 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 which 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.
This section shall not be construed to forbid the application to a
residential care facility for the elderly of any local ordinance
which 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 which 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.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly which serves six or fewer persons which is not required of a
family dwelling of the same type in the same zone.
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.
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.
1569.86. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility for the elderly because of a failure to comply with
local ordinances from which the facilities are exempt under Section
1569.85, provided that the applicant otherwise qualifies for the fire
clearance, license, permit, or similar authorization.
1569.87. For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after January 1, 1979, a
residential facility for the elderly which 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.
1569.82. The Legislature hereby declares that it is the policy of
this state that each county and city shall permit and encourage the
development of sufficient numbers of residential care facilities for
the elderly as are commensurate with local need.
This article shall apply equally to any chartered city, general
law city, county, city and county, district, and any other local
public entity.
For the purposes of this article, "six or fewer persons" does not
include the licensee or members of the licensee's family or persons
employed as facility staff.
1569.83. Any person licensed under this chapter who operates, or
proposes to operate a residential care facility for the elderly, the
department or other public agency authorized to license the facility,
or any public or private agency which uses or may use the services
of the facility to place its clients, may invoke this article.
This section shall not be construed to prohibit any interested
party from bringing suit to invoke this article.
1569.84. A residential care facility for the elderly, which serves
six or fewer persons 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 section shall be construed to
forbid the imposition of local property taxes, fees for water service
and garbage collection, fees for inspections not prohibited by
Section 1569.85, 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 for enforcing fire
inspection regulations pursuant to state law or regulation or local
ordinance, with respect to residential care facilities for the
elderly which service six or fewer persons.
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.
1569.85. Whether or not unrelated persons are living together, a
residential care facility for the elderly which 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 which relates to the residential use of
property pursuant to this article.
For the purpose of all local ordinances, a residential care
facility for the elderly which 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,
sanitarium, mental hygiene home, or other similar term which 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.
This section shall not be construed to forbid any 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 which 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.
This section shall not be construed to forbid the application to a
residential care facility for the elderly of any local ordinance
which 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 which 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.
No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly which serves six or fewer persons which is not required of a
family dwelling of the same type in the same zone.
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.
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.
1569.86. No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility for the elderly because of a failure to comply with
local ordinances from which the facilities are exempt under Section
1569.85, provided that the applicant otherwise qualifies for the fire
clearance, license, permit, or similar authorization.
1569.87. For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after January 1, 1979, a
residential facility for the elderly which 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.
