HomeMy WebLinkAboutCity Council - 2014-42 RESOLUTION NO. 2014-42
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH EXPRESSING SUPPORT FOR
THE CITY OF NEWPORT BEACH PETITION FOR U.S. SUPREME COURT
REVIEW OF THE NINTH CIRCUITS DECISION IN
PACIFIC SHORES, LLC ET AL., v. CITY OF NEWPORT BEACH
WHEREAS, on January 22, 2008, the City of Newport Beach adopted an ordinance
(Ordinance No. 2008-5), which established zoning regulations for transients living in residential
neighborhoods; and
Ordinance No. 2008-5 provided that: (i) a State-licensed treatment home serving six or
fewer persons is allowed by right in all residential districts; (ii) new"seven and oveFtreatment
homes (licensed or unlicensed) and all new unlicensed treatment homes which do not operate as
single housekeeping units (regardless of size) are allowed in multi-family residential zones (R-3
and above), with a Use Permit; (iii) a series of small licensed treatment homes linked together in
management created one larger`5ntegral'facility and limited these facilities to multi-family
residential zones with a Use Permit; and(iv) a person or operator of any group residential use
may apply for and receive reasonable accommodation from the zoning regulations following a
determination by an independent hearing officer; and
Three treatment home operators sued the City of Newport Beach in U.S. District Court to
overturn Ordinance No. 2008-5; the U.S. District Court granted a motion for summary judgment
in the city's favor, which caused the three treatment home operators to file an appeal with the
Ninth Circuit; and
A three judge panel of the Ninth Circuit sided with the three treatment home operators against
the city and in the process held that a neutral law applied in a neutral manner may be
discriminatory if it was adopted with an alleged discriminatory intent; and
The Ninth Circuit's decision weakens all cities'rights under California Constitution Article 11,
Section 7 to make and enforce local ordinances and regulations, because the dissent held`facially
neutral legislation can generate civil liability without evidence of discriminatory effect"and
The City of Newport Beach has petitioned U.S. Supreme Court review of the Ninth Circuit's
decision in Pacific Shores Properties, LLC, et al. v. City of fewport Beach (Pacific Shores), and
it is important for cities to support Newport Beach's efforts to ensure municipalities retain the
right to adopt zoning regulations that are non discriminatory.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
SECTION 1. The City Council believes that municipalities have the right to adopt
facially non-discriminating neutral in the absence of evidence of discriminatory effect without
being subject to civil litigation.
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Resolution No. 2014-42
SECTION 2. To that end, the City Council supports the City of Newport Beach's
petition to the U.S. Supreme Court to seek review of the Pacific Shores matter. This review is
necessary to correct the Ninth Circuit's misapplication of the Americans with Disabilities Act and
Fair Housing Act, which were used to invalidate a facially neutral zoning ordinance.
SECTION 3. The City Council finds the adoption of this resolution is not subject to the
California Environmental Quality Act (`CEQA)pursuant to Sections 15060(c)(2) (the activity
will not result in a director or reasonably foreseeable indirect physical change in the
environment) and 15050(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of July , 2014.
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REVIE D APPROVED: APPROVED AS TO FORM:
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CitP4Xq6r 1 Atto ey
IN IATED ANI) APPROVED:
, h City Attorney
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Res. No. 2014-42
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I; JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 21, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None .
ABSENT: None
ABSTAIN: None
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City Cft
Ork and ex-offici'o C rk of the
City Council of the City Of,'-,"'
Huntington Beach, California