BILL NUMBER: SB 382	CHAPTERED  07/07/04

	CHAPTER  120
	FILED WITH SECRETARY OF STATE  JULY 7, 2004
	APPROVED BY GOVERNOR  JULY 7, 2004
	PASSED THE ASSEMBLY  JUNE 24, 2004
	PASSED THE SENATE  JANUARY 28, 2004
	AMENDED IN SENATE  JANUARY 21, 2004
	AMENDED IN SENATE  JANUARY 15, 2004

INTRODUCED BY   Senator Oller
   (Coauthors:  Senators Aanestad, Battin, Denham, Hollingsworth,
Johnson, and Morrow)
   (Coauthors:  Assembly Members Aghazarian, Bates, Cogdill, Cox,
Shirley Horton, Maze, and Runner)

                        FEBRUARY 19, 2003

   An act to amend Section 1520.5 of the Health and Safety Code,
relating to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 382, Oller.  Community care facilities:  notice.
   Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care and
residential facilities, including group homes, by the State
Department of Social Services.  Under existing law, a violation of
any of these provisions is punishable as a misdemeanor.
   Existing law requires the director or county licensing agency,
before approving an application for a new residential care facility,
to notify the city or county of the proposed location of the
facility, and authorizes a city or county to request denial of the
license on the basis of overconcentration of residential care
facilities.
   This bill would make technical, nonsubstantive changes to existing
law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1520.5 of the Health and Safety Code is amended
to read:
   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 director shall deny an application for a new
residential care facility license if the director determines that the
location is in a proximity to an existing residential care facility
that would result in overconcentration.
   (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 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
director may approve a separation distance of less than 300 feet with
the approval of the city or county in which the proposed facility
will be located.
   (c) At least 45 days prior to approving any application for a new
residential care facility, the 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.
   (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 director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility 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) 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.