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Mr. Dennis Welsch January 6,2006 Page 4 of 6 B. National The United States Supreme Court outlawed overt discrimination against group homes in City of Cleburne v. Cleb��rne Living Ct�., 473 U.S. 432 (1985). In that case, a residential home for the mentally disabled challenged a city ordinance requiring a permit for the group home when the city's rationale was avoiding congestion of the population. The Court held that the city's rationale was not reasonable in part because it could not explain why other group housing did not require a similar permit. Furthermore, the 1988 federal Fair Housing Act amendments (FHAA), 42 U.S.C. � 3601, et seq., have been used as a basis to ensure the protection of group i-�o��i�s �z� iocai zoning regulations. Congress initially passed the Fair Housing Act in 1968 to prohibit discrimination on the basis ofrace, color, religion, or national origin. The 1988 amendments extended �1�4' protections to prohibit discrimination against people with disabilities as well. The FHAA makes it unlawful to "discriminate against any person in terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap." 42 U.S.C. � 3b04(f)(2}. There is an exception in the statute, however, for "reasonable" regulations that limit the number of occupants per dwelling. 42 U.S.C. � 3607(b)(1). It appears that the FHAA amendments were enacted to provide further protection for group homes for the handicapped outside of inerely a prohibition against overt discrimination exhibited in City of Cleburne. Courts ask whether a city's zoning requ�ran�ei�ts satisfy the FIIAA or whether the city must alter neutral zoning policies to reasonably accommodate and integrate handicapped persons. City af Edr�oiids v. Washington State Bldg_ Code Council, 18 �'.3d 802, 806 (9th Cir. 1994). Application of the Above Principles to Roseville's Questions A. Parking The first question you have asked is whether employee cars, delivery vans, and buses are permitted to be parked on the street outside a group home serving six or fewer persons in a Roseville "�.-1" single family residential zone. By ordinance, the City of Roseville requires two off-street parking spaces per dwelling unit in the R-1 zone, one of which ��st be enclosed. Roseville Municipal Ordinance � 1018.08. Because group homes in single family residential zones must follow all other applicable restrictions, it appears that the group home at issue must have the same two off-street spaces, one enclosed, per dwelling unit as required for all other single family residences. Although many of the home's residents may not drive, the home still generates the need for parking for cars, making it necessary to con#�oz-�n to the general parking requirements to maintain adequate �