Memorandum on Conditional Use Permit
This memorandum will discuss the possible legal claims the residents of Las Familias de Avenida Guadelupe may have against the City of Chapman regarding the proposed location the Rain Man Rainbow House in their neighborhood. The first part of the memorandum will present the factual background of the case. The second part of the memo will discuss the zoning issues. This section will examine the constitutional issues under both the U.S. and California constitutions, issues under the federal Fair Housing Act, and issues arising out California statutes. The third part of the memo will discuss the issues arising out of an environmental racism argument.
Rain Man Opportunities, Inc., has applied for a conditional use permit from the Chapman City Council to operate a group home for eight adult men with mental disabilities. The proposed home will be located in a neighborhood which has been zoned R-1, for use as single family residential. The definition of an R-1 zone prohibits group homes without a conditional use permit. Such a permit can only be granted or denied on the basis of the following factors: (1) adequacy of the facility for the number of residents and the contemplated uses; (2) adequacy of parking; (3) any threat to the safety or health of the neighborhood residents and the adequacy of safeguards to remove or minimize these threats; (4) the commercial or residential character of the home; and (5) any specific nuisances associated with the contemplated uses. This provision also defines group homes as residential facilities housing unrelated adults and providing particular needs. The provision includes group homes for the mentally ill or disabled within its definition. Rain Man Opportunities operates two other group homes for adults with mental disabilities. Both of these homes are located in predominantly minority neighborhoods.
Las Familias has two concerns about the propos...