HomeMy WebLinkAbout96-37 - Assembly Bill 3007 Regarding Residential Care FacilitiesRESOLUTION NO. `1 - 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, REQUESTING
SUPPORT FROM THE CALIFORNIA LEAGUE OF CITIES
FOR ASSEMBLY BILL 3007 REGARDING RESIDENTIAL
CARE FACILITIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AND FIND AS FOLLOWS:
1. WHEREAS, the current provisions of California Health and Safety Code Sections
1566.3, 1568.0831, and 1569.85, and California Welfare and Institutions Code Section 5116
prohibits cities from regulating residential care facilities by conditional use permit, zoning
variance, or other zoning clearances where such facilities serves six or fewer persons and such
clearances are not required of a single-family residence in the same zone; and
2. WHEREAS, the current provisions of California Health and Safety Code Sections
1502 and 1520.6 do not require a State license for alcoholism or drug abuse recovery or
treatment facilities where 24-hour nonmedical care services are not provided; and
3. WHEREAS, cities are experiencing a substantial increase in the establishment of
residential care facilities and alcoholism or drug abuse recovery or treatment facilities which has
resulted in significant adverse impacts to the surrounding residential neighborhoods; and
4. WHEREAS, the adverse intensive impacts from these facilities include excessive
vehicles parking on streets, regular meetings by facility residents with outside participants,
excessive noise, trash and litter, occupancy loads at the facilities up to the Uniform Housing
Code maximum, on-site managers and employees residing in single-family dwellings, and
excessive calls for police, fire, and paramedic services; and
5. WHEREAS, the amendments made by Assembly Bill 3007, attached as
Exhibit "A", to Health and Safety Code Sections 1502, 1520.6, 1566.3, 1568.0831, and
1569.85, and Welfare and Institutions Code Section 5116 are for the purpose of enabling a local
city or county to ensure a peaceful living environment for all residents of a community,
including those in care facilities; and
6. WHEREAS, authorizing a city or county to issue a conditional use permit with
restrictions to care facilities that have intensive impacts on the community would ensure such
a peaceful living environment for all individuals while still providing access to housing in care
facilities in residential neighborhoods; and
7. WHEREAS, the authority to issue conditional use permits will not be used in any
way to discriminate against care facilities based on their status as care facilities or as serving
individuals with certain special needs or disabilities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, does hereby urge and recommend that the League of California Cities consider
and adopt a resolution in support of the adoption of Assembly Bill 3007 by the California
Legislature.
PASSED AND ADOPTED this 15th day of April, 1996.
ATTEST:
Deputy City C rk of the City of Costa Mesa
Ma'y* of the City of Costa Mesa
APPROVED AS TO FORM
C'!TY ATTORf4EY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No.
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 15th day of April, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 16th day of April, 1996.
T.
Deputy City Plerk and ex -officio Clerk of
the City Couh6l of the City of Costa Mesa
California 1995-96 Regular Session
1995 CA AB 3007
Introduced
Brewer
ASSEMBLY BILL No. 3007
INTRODUCED BY Assembly Member Brewer
FEBRUARY 23, 1996
An act to amend Sections 1502, 1566.3, 1568.0831, and 1569.85 of,
and to add Section 1520.6 to, the health and Safety Code, and to amend
Section 5116 of the Welfare and Institutions Code, relating to care
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 3007, as introduced, Brewer. F.esidential care facilities.
Existing law provides for the licensure and regulation of
residential care facilities, residential care facilities for persons
with chronic life-threatening illness, and residential care facilities
for the elderly. Existing law provides that a violation of the
provisions governing community care facilities is subject to criminal
sanction. Existing law provides, for each of these facilities, that
whether or not unrelated persons are living together, the facility shall
be considered a residential use of the property if it serves 6 or fewer
people. Existing law also provides that no conditional use permit,
zoning variance, or other zoning clearance shall be required of one of
these types of facilities that serves 6 or fewer people that is not
required of a single-family residence in the same zone.
This bill would delete that provision and instead provide that the
provisions of law governing these facilities shall not be construed to
prohibit any city or county from requiring a conditional use permit in
order to maintain any home licensed as one of these types of facilities
provided that no conditions are imposed on these facilities that are
more restrictive than those imposed on similar dwellings in the same
zone, unless additional conditions are necessary to protect the health
and safety of the residents and the neighborhood. The bill would also
apply this provision to a licensed family care home, foster care home,
or group home that serves 6 or fewer mentally disordered or otherwise
handicapped persons or dependent and neglected children.
Existing law provides for the licensure of alcoholism or drug abuse
recovery or treatment facilities by the State Department of Alcohol and
Drug Programs and provides that these facilities provide 24-hour
nonmedical services.
Existing law also provides that recovery houses or other similar
facilities providing group living arrangements for persons recovering
from alcoholism or drug addiction where the facility provides no care or
supervision are exempt from the provision regulating community care
facilities.
The bill would define a "recovery facility" as a facility providing
group living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides care or supervision. It would
state the intent of the Legislature that these facilities be licensed as
community care facilities if they are not required to be licensed as
alcoholism or drug abuse recovery or treatment facilities.
By requiring recovery facilities to be licensed as community care
facilities, this bill would change the definition of a crime, thereby
imposing a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The amendments made by this act to Sections 1566.3, 1568.0831,
and 1569.85 of the Health and Safety Code, and to Section 5116 of the
Welfare and Institutions Code, are for the purpose of enabling a local
city or county to ensure a peaceful living environment for all residents
of a community, including those in care facilities.
(b) Authorizing a city or county to issue a conditional use permit
with restrictions to care facilities that have intensive impacts on the
community would ensure such a peaceful living environment for all
individuals while still providing access to housing in care facilities
in residential neighborhoods.
(c) It is the intent of the Legislature that any restrictions
imposed on care facilities be no more restrictive than any restrictions
that would be imposed on single-family residences.
(d) The authority to issue conditional use permits shall not be used
in any way to discriminate against care facilities based on their status
as care facilities or as serving individuals with certain special needs
or disabilities.
SEC. 2. Section 1502 of the Health and Safety Code is amended to
read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or building
that is maintained and operated to provide nonmedical residential care,
day treatment, adult day care, or foster family agency services for
children, adults, or children and adults, including, but not limited to,
the physically handicapped, mentally impaired, incompetent persons, and
abused or neglected children, and includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or
for the protection of the individual.
(2) "Adult day care facility" means any facility that provides
nonmedical care to persons 18 years of age or older in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual on
less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational support,
or social rehabilitation services on less than a 24-hour basis to
persons under 18 years of age who would otherwise be placed in foster
care or who are returning to families from foster care. Program
standards for these facilities shall be developed by the department,
pursuant to Section 1530, in consultation with therapeutic day services
and foster care providers.
(4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require that
level of care as an alternative to a group home. Private foster family
agencies shall be organized and operated on a nonprofit basis.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased, or
rented and is the residence of the foster parent or parents, including
their family, in whose care the foster children have been placed. The
placement may be by a public or private child placement agency or by a
court order, or by voluntary placement by a parent, parents, or
guardian.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or fewer
foster children who have mental disorders or developmental or physical
disabilities and who require special care and supervision as a result of
their disabilities. A small family home may accept children with
special health care needs, pursuant to subdivision ('a) of Section 17710
of the Welfare and Institutions Code. In addition to placing children
with special health care needs, the department may approve placement of
children without special health care needs, up to the licensed capacity.
(7) "Social rehabilitation facility" means any residential facility
that provides social rehabilitation services for no longer than 18
months in a group setting to adults recovering from mental illness who
temporarily need assistance, guidance, or counseling. Program components
shall be subject to program standards pursuant to Article 1 (commencing
with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare
and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment. Program
components shall be subject to program standards developed and enforced
by the State Department of Mental Health pursuant to Section 4094 of -the
Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage
placement of persons who have mental or physical disabilities into any
category of community care facility that meets the needs of the
individual placed, if the placement is consistent with the licensing
regulations of the department.
(9) "Full-service adoption agency" means any licensed entity engaged
in the business of providing adoption services, that does all of the
following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination of
parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all of
the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are under
the care, custody, and control of a licensed adoption agency, for
adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a full-service
adoptive agency, but does not disrupt a placement or remove a child from
a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis.
(11) "Transitional shelter care facility" means any group.care
facility that provides for 24-hour nonmedical care of persons in need of
personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the individual.
Program components shall be subject to program standards developed by
the State Department of Social Services pursuant to Section 1502.3.
[A> (12) "Recovery facility" means any facility providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides care or supervision. <A)
(b) "Department" or "state department" means the State Department of
Social Services.
(c) "Director" means the Director of Social Services.
SEC. 3. Section 1520.6 is added to the Health and Safety Code, to
read:
1520.6. It is the intent of the Legislature that recovery
facilities, as defined in paragraph (12) of subdivision (a) of Section
1502, be licensed as community care facilities by the State Department
of Social Services if they are not required to be licensed as alcoholism
or drug recovery or treatment facilities pursuant to Section 11834.02.
SEC. 4. Section 1566.3 of the Health and Safety Code is amended to
read:
1566.3. Whether or not unrelated persons are living together, a
residential facility 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 such a 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 facility
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 minors, the aged, or the mentally infirm, foster care home,
guest home, rest home, sanitarium, mental hygiene home, or other similar
term which implies that the residential facility 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 facility
which serves six or fewer persons as long as such 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 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 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 from persons who reside in other family
dwellings of the same type in the same zone.
[D> No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility which serves six
or fewer persons which is not required of a family dwelling of the same
type in the same zone. <D]
[A> Nothing in this section shall be construed to prohibit any city
or county from requiring a conditional use permit in order to maintain
any facility pursuant to this article provided that no conditions shall
be imposed on these facilities that are more restrictive than those
imposed on other similar dwellings in the same zone unless the
additional conditions are necessary to protect the health and safety of
the residents and the neighborhood where the facility is located. <A]
Use of a family dwelling for purposes of a residential 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 such sections are
applicable to residential facilities 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.
SEC. 5. Section 1568.0831 of the Health and Safety Code is amended
to read:
1568.0831. (a) (1) Whether or not unrelated persons are living
together, a residential care facility which 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 which relates to the residential use of property pursuant to
this chapter.
(2) For the purpose of all local ordinances, a residential care
facility which serves six or fewer persons shall not be included within
the definition of a boarding house, rooming house, institution, guest
home, rest home, sanitarium, mental hygiene home, or other similar term
which 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 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 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.
(4) This section shall not be construed to prohibit the application
to a residential care facility 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 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
residential care facilities from persons who reside in other family
dwellings of the same type in the same zone.
(5) [D> No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility which serves
six or fewer persons which is not required of a family dwelling of the
same type in the same zone. <D] [A> Nothing in this section shall be
construed to prohibit any city or county from requiring a conditional
use permit in order to maintain any facility pursuant to this article
provided that no conditions shall be imposed on these facilities that
are more restrictive than those imposed on other similar dwellings in
the same zone unless the additional conditions are necessary to protect
the health and safety of the residents and the neighborhood where the
facility is located. <A]
(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 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.
(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.
SEC. 6. Section 1569.85 of the Health and Safety Code is amended to
read:
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.
[D> 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. <D]
[A> Nothing in this section shall be construed to prohibit any city
or county from requiring a conditional use permit in order to maintain
any facility pursuant to this article provided that no conditions shall
be imposed on these facilities that are more restrictive than those
imposed on other similar dwellings in the same zone unless the
additional conditions are necessary to protect the health and safety of
the residents and the neighborhood where the facility is located. <A]
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.
SEC. 7. Section 5116 of the Welfare and Institutions Code is
amended to read:
5116. Pursuant to the policy stated in Section 5115, a
state -authorized, certified, or licensed family care home, foster home,
or group home serving six or fewer mentally disordered or otherwise
handicapped persons or dependent and neglected children, shall be
considered a residential use of property for the purposes of zoning if
such homes provide care on a 24 -hour -a -day basis.
Such homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings. [A> Nothing in this section shall be construed to prohibit
any city or county from requiring a conditional use permit in order to
maintain any facility pursuant to this section provided that no
conditions shall be imposed on these facilities that are more
restrictive than those imposed on other similar dwellings in the same
zone unless the additional conditions are necessary to protect the
health and safety of the residents and the neighborhood where the
facility is located. <A]
SEC. B. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime�or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code,
or changes the definition of a crime within the meaning of Section 6 of
Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT
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