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Resolution 8090006.140.011 WSS /are 11/28/94 R: 1/26/95 RESOLUTION NO. 8 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REQUESTING THE PARTICIPATION AND ASSISTANCE OF THE ASSOCIATION OF WASHINGTON CITIES AND THE NATIONAL LEAGUE OF CITIES IN CLARIFYING THE CONTINUED VIABILITY OF CITIES' ZONING POWERS REGARDING SINGLE FAMILY ZONING IN LIGHT OF THE FAIR HOUSING ACT AMENDMENTS. WHEREAS, in 1926 the United States Supreme Court established in Euclid v. Amber Realty that a City may constitutionally establish a single family neighborhood permitting single family homes while excluding other residential uses, commercial and noncommercial, such as apartment buildings and rooming houses, and WHEREAS, the City Council affirmed this principle in Village of Belle Terre v. Boraas stating that it is a permissible governmental objective to secure a place "of quiet seclusion" for families by excluding groups of unrelated adults from single family neighborhoods, and WHEREAS, the United States Supreme Court set an additional boundary for the City's power in Moore v. City of East Cleveland by prohibiting cities from regulating a family relationship based on blood or marriage within the definition of a single family zone, and WHEREAS, the principles were in place almost 50 years prior to the enactment of the Fair Housing Act Amendments in 1988, and 89068.1 -1- WHEREAS, the Fair Housing Act Amendments exclude "reasonable occupancy limits" from coverage under the Act, and WHEREAS, the United States Department of Health and Urban Services, the United States Government and other entities continue to assert in a variety of litigation that because consensual living arrangements and group homes may not be located in most traditional single family neighborhoods, the definition of single family neighborhood therefore illegally discriminates against the disabled under the Fair Housing Act Amendments, and WHEREAS, the City of Edmonds has challenged that ruling and will argue its position before the United States Supreme Court in March of 1995, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council and Mayor of the City of Edmonds hereby request that the Association of Washington Cities establish as one of its lobbying priorities the repeal or clarification of a provision passed in 1993 and codified at RCW 35A.63.240. This ambiguous provision appears to attempt to paraphrase a portion of the Congressional Record regarding the Fair Housing Act Amendments. Its wording, specifically its references to "residential structures," "family" and "persons with handicaps" unnecessarily complicates a situation soon to be resolved by the United States Supreme Court. The City of Edmonds respectfully requests that the Association of Washington Cities place as one of its priorities the repeal or clarification of this provision. Section 2. The Mayor and City Council of the City of Edmonds express their support for the efforts of the Village of Palatine, Illinois and its Mayor Rita Mullins to bring 89068.1 -2- about clarification of the purpose and intent of "maximum occupancy" limitation contained in the Fair Housing Act Amendments in a way which clarifies that Congress' intent was to provide equal rights to the disabled and not to relieve them of the normal obligations confronting all property owners or renters under local zoning ordinances. Facially valid ordinances which equally impact similarly situated individuals without regard to disability should and must be upheld in order to provide continued meaning to the concept of single family zoning. Single family zoning is a resource to be protected for families as well as reasonable numbers of unrelated adults without regard to disability. The continued confusion of reasonable classifications such as single family and multiple family zoning does not further the rights of disabled persons in any reasonable way and undercuts the entire concept of single family zoning. The City of Edmonds continues its recognition of the right of any disabled person to reside in Edmonds free of discrimination in the zone applicable to the disabled person's use of property. RESOLVED this 31stday of January , 199 5 APPROVED: ATTEST /AUTHENTICATED : . • �. FILED WITH THE CITY CLERK: 1/26/95 PASSED BY THE CITY COUNCIL: 1/31/95 RESOLUTION NO. 809 89068.1 -3-