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ANAHEIM, Calif. (Dec. 4, 2024) — Anaheim is ending its appeal of a court decision involving a transitional care home and shifting its focus to state-level advocacy for reasonable local oversight of facilities in neighborhoods.
“We have fought for our residents and for local control in our neighborhoods, while also acknowledging the rights of care facilities under current state law,” Mayor Ashleigh Aitken said. “While disappointed in the court’s decision, we now turn our attention to working with our state partners and other cities to fight for reform that restores practical regulation for everyone’s benefit.”
In the weeks ahead, Anaheim plans to work with legislative representatives in Sacramento as well as other cities to advocate for state laws that would allow cities permitting oversight of larger care facilities in neighborhoods.
This comes after an Orange County Superior Court judge ruled against Anaheim earlier this year in a dispute over an operating permit for a transitional home for women in a downtown neighborhood.
Here’s a timeline summary:
- 2021: Anaheim’s Planning Commission votes against recommending a permit for nonprofit operator Grandma’s House of Hope to convert a 5,376-square-foot house on West Street into a transitional living facility for up to 16 women.
- 2021: On appeal of the Planning Commission, Anaheim’s City Council votes to deny an operating permit, also known as a conditional-use permit, for Grandma’s House of Hope at the West Street house.
- 2021: Grandma’s House of Hope opens a home for women recovering from mental health and trauma issues at the West Street home with six residents, the maximum allowed under Anaheim’s Municipal Code for care facilities without an operating permit.
- 2021: Anaheim received what was deemed to be a notice of violation from the state Housing and Community Development Department over the permit requirement for larger care facilities.
- 2022: Grandma’s House of Hope sued Anaheim over the permit denial, with California’s Department of Housing and Community Development joining the lawsuit in support of the operator that same year.
- April 26, 2024: Orange County Superior Court Judge Walter Schwarm issues ruling against Anaheim in the operating permit dispute.
- May 7, 2024: Anaheim City Council voted to appeal the judgment.
- Nov. 13, 2024: Anaheim’s City Council voted to end the appeal.
While the litigation involved Grandma’s House of Hope, the permit denial wasn’t about the operator.
Anaheim is proud of its work with and support for Grandma’s House of Hope, with 10 of the nonprofit’s prior transitional homes approved and operating in the city.
Instead, the dispute was over the city’s requirement of an operating permit for any care facility of more than six people.
The proposal for 16 people at the West Street home raised concerns in the neighborhood, which already was home to 12 group homes for transitional housing, elderly care, adult special needs and others within 2,000 feet of the site.
While supporting the home’s mission, Anaheim argued for limits on its size because of potential impacts from several similar facilities in close proximity.
In opposing the litigation, Anaheim concurred with California that neighborhoods often are the best place for recovery but raised concerns about losing the benefit of a neighborhood setting with an overconcentration of facilities.
With the end of the appeal, the court’s judgment from earlier this year takes effect.
This week, the city will notify Grandma’s House of Hope of the appeal withdrawal and that a conditional-use permit is no longer required for homes of seven or more, in accordance with the court judgment.
Factors in ending the appeal included an uncertain outcome in court as well as the ongoing litigation’s complications for getting state approval of the housing element of Anaheim’s general plan.
A housing element serves as a city’s outline of how it plans to work to expand housing and requires state approval.
In the days ahead, Anaheim looks forward to advancing our housing element in a shared goal with California to see the building of more homes to address high housing costs.
In coming weeks, Anaheim is set to consider an update to its municipal code to reflect that an operating permit no longer would be needed for transitional and supportive homes of seven or more.
You can see more here.
