2005 California Health and Safety Code Sections 11834.20-11834.25 Article 2. Local Regulation

11834.20.  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 and types of alcoholism or drug
abuse recovery or treatment facilities as are commensurate with local
need.
   The provisions of this article 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.
11834.21.  Any person licensed under this chapter who operates or
proposes to  operate an alcoholism or drug abuse recovery or
treatment facility, the department or other public agency authorized
to license such a facility, or any public or private agency which
uses or may use the services of the facility to place its clients,
may invoke the provisions of this article.
   This section shall not be construed to prohibit any interested
party from bringing suit to invoke the provisions of this article.
11834.22.  An alcoholism or drug abuse recovery or treatment
facility 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 single-family dwellings 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
11834.23, local bond assessments, and other fees, charges, and
assessments to which other single-family dwellings 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 alcoholism or drug abuse recovery or treatment facilities which
serve six or fewer persons.
11834.23.  Whether or not unrelated persons are living together, an
alcoholism or drug abuse recovery or treatment 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, an alcoholism or drug
abuse recovery or treatment 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 alcoholism or drug abuse recovery or treatment home
is a business run for profit or differs in any other way from a
single-family residence.
   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 an
alcoholism or drug abuse recovery or treatment facility which serves
six or fewer persons as long as the restrictions are identical to
those applied to other single-family residences.
   This section shall not be construed to forbid the application to
an alcoholism or drug abuse recovery or treatment 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.  However, the ordinance
shall not distinguish alcoholism or drug abuse recovery or treatment
facilities which serve six or fewer persons from other single-family
dwellings or distinguish residents of alcoholism or drug abuse
recovery or treatment facilities from persons who reside in other
single-family dwellings.
   No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility which serves six or fewer persons that is not
required of a single-family residence in the same zone.
   Use of a single-family dwelling for purposes of an alcoholism or
drug abuse recovery 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 those sections are applicable to
alcoholism or drug abuse recovery or treatment facilities serving six
or fewer residents.
11834.24.  No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to an alcoholism
or drug abuse recovery or treatment facility because of a failure to
comply with local ordinances from which the facility is exempt under
Section 11834.23, if the applicant otherwise qualifies for a fire
clearance, license, permit, or similar authorization.
11834.25.  For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after January 1, 1979,
an alcoholism or drug abuse recovery or treatment 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.