n will argue that denial of the conditional use permit would amount to discrimination against handicapped persons, in violation of the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. It will also argue that denial would violate the California Constitution and the federal Fair Housing Act. There are issues arising from the zoning of the Guadelupe Avenue as R-1, single family residential, and whether the city of Chapman can approve a conditional use permit for a group home. First, is such zoning permissible under the U.S. Constitution or must the city grant a conditional use permit for a facility housing the mentally handicapped? Second, is such zoning permissible under the California Constitution? Third, is the denial of a conditional use permit permissible under the federal Fair Housing Act? Finally, what effects would the California fair housing provisions have?
The zoning of an area as single family residential, prohibiting group homes, implicates equal protectio
...