Care Homes

State law sets forth regulations for care facilities that preempt or limit many local regulations. The Health and Safety Code (§§ 1500 et seq.) requires that licensed care facilities serving six or fewer persons be (1) treated the same as a residential use, (2) allowed by right in all residential zones, and (3) treated the same with respect to regulations, fees, taxes, and permit processes as other residential uses in the same zone. The Health and Safety Code extends this protection to residential care facilities for the elderly, alcoholism or drug abuse recovery or treatment facilities, and congregate care facilities that serve no more than six clients. In 2006, the City amended its Development Code to permit care homes serving six or fewer people by right in single-family residential zones. The Development Code will be amended to allow such uses in all single-family and multiple-family residential zones and to ensure that such uses be treated like other residential uses of the same type in the same zone.