1520.5.
(a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential care facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an It is also the intent of the Legislature to ensure communications between local government and licensing entities. Therefore, to the extent consistent with federal law, the director shall deny any application for a new residential care facility license if the department director determines that the location is in a proximity to an existing residential care facility that would result in overconcentration. overconcentration, as provided for in this section. (b) As used in this section, “overconcentration” means that if a new license is issued, there will be residential care facilities that are separated by a distance of 300 1,000 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department director may approve a separation distance of less than 300 1,000 feet with the approval of the city or county in which the proposed facility will be located.
(c) (1) At least 45 days prior to approving any application for a new residential care facility, the department, director, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(2) This notice shall be provided by certified mail, return receipt requested. The director or county licensing agency providing the notice shall ensure that the return receipt is received by the director or county licensing agency in order to establish that the city or county planning authority, as appropriate, has received the notice, and shall maintain in its files a copy of the return receipt. If the director or county licensing agency providing the notice does not receive the return receipt within 10 days after mailing the notice, the director or the county licensing agency shall employ other means to ensure that notice is delivered to the city or county. The application shall not be approved until receipt of the notice by the city or county, as appropriate, has been documented by the director or the county licensing agency.
(d) Any city or county may request denial of the license applied for on the basis of overconcentration of residential care facilities.
(e) Nothing in this section authorizes the department, director, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential care facility when where there is no change in the location of the facility.
(f) Foster family homes and residential care facilities for the elderly shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g) Transitional shelter care facilities and temporary shelter care facilities Any transitional shelter care facility as defined in paragraph (11) of subdivision (a) of Section 1502 shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.