City of Los Angeles v. Department of Health

Welfare and Institutions Code section 5116, enacted in 1970, provides in part: “. . . 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. [If] Such homes shall be a permitted use in all residential zones, including, but not limited to, residential zones for single-family dwellings.” The section authorizes any city or county to require a conditional use permit for the maintenance of a “home” but limits the conditions imposed to those no more restrictive than applicable to similar dwellings in the “same zones unless such additional conditions are necessary to protect the health and safety of the residents.” The case at bench tests the applicability of section 5116 to a “home rule” chartered city in light of California Constitution, article XI, section 5.

We conclude that: (1) section 5116 of the Welfare and Institutions Code is, by its terms, applicable to both chartered and general law cities; and (2)…