Full opinion text
PROCEEDINGS: ORDER (1) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY ADJUDICATION OF ISSUES AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT. TIMLIN, District Judge. The Court has read and considered plaintiffs’ and defendants’ motions for partial summary judgment, defendants’ and plaintiffs’ oppositions, and plaintiffs’ and defendants’ replies, as well as the. admissible evidence and all supplemental briefing. Based on such consideration, the Court concludes as follows: I. BACKGROUND Since 1978, the County of Riverside (“the County”) has enacted ordinances imposing age restrictions on persons occupying dwelling units in certain areas within the unincorporated areas of Riverside County and has enforced those ordinances. Within these areas, the County forbids the residency of persons who do not meet certain age qualifications. While acknowledging the permissibility of age restrictions on certain activity when imposed and enforced by private parties in accordance with state and federal law, plaintiffs challenge the constitutionality and legality of the County exercising its legislative authority to impose age restrictions on land use. Plaintiffs contend that the County’s use of its zoning power to impose age restrictions on the residential use of real property violates various statutory and constitutional provisions of state and federal law. A. S.C.D. Zoning Plaintiffs in this action live in various locations within the unincorporated areas of the County of Riverside. In these areas, land use is restricted by zoning regulations passed by the County of Riverside’s Board of Supervisors. Specifically in issue is Section 18.7 of County Ordinance 348, first added to Ordinance 348 in 1978 (“Section 18.7”). 1. Section 18.7 Section 18.7 imposes age restrictions on entire areas of land subject to the County’s geographical jurisdiction. Although the specific age restrictions contained in Section 18.7 have changed through the years, at all times the restrictions applied only to occupied dwelling units in areas whose zone classification symbol was followed by the suffix “S.C.D.” (e.g., R-l-S.C.D.). a. Section 18.7: March, 15, 1978 - September 12,1991 The County originally enacted Section 18.7 on February 14, 1978. It went into effect on March 15,1978. From March 15, 1978 to September 12, 1991, Section 18.7 required that “each dwelling unit in [areas whose zoning symbol includes the suffix S.C.D.], that is occupied, ... be occupied by at least one person not less than 50 years of age and no person under 18 years of age shall permanently reside in any dwelling unit in the zoned area.” b. Section 18.7: September 12, 1991 - May 19,1993 The County amended Section 18.7 on August 14, 1991, and this amendment went into effect on September 12, 1991. From September 12, 1991 to May 19, 1993, Section 18.7 required that “each dwelling unit in [areas whose zoning symbol includes the suffix S.C.D.], that is occupied, ... be occupied in accordance with the ‘housing for older persons’ provisions of the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3607), as they now exist and as they may from time to time be amended.” c. Section 18.7: May 19, 1993 - Present The County again amended Section 18.7 on April 20, 1993, and this amendment went into effect on May 19, 1993. Since May 19, 1993, Section 18.7 has required that “each dwelling unit in [areas whose zoning symbol includes the suffix S.C.D.], that is occupied, ... be occupied solely by persons 55 years of age or older in accordance with the ‘housing for older persons’ provisions of the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3607), as they now exist and as they may from time to time be amended.” 2. Areas Zoned as S.C.D. There are four areas within the County of Riverside zoned as S.C.D. which are relevant to this action. They are known, at least for the purposes of this litigation, as Sun City, Hemet, Golf Knolls, and Air Force Village West. Sun City is the largest of the areas zoned as S.C.D. which are relevant to this action. The Sun City S.C.D. zone contains several thousand units of single family tract homes, at least three mobile home parks, and apartments and condominium units. The Hemet S.C.D. zone contains two housing areas: a mobilehome park and a single family tract development known as Palm Gardens. All together, there are approximately 96 dwelling units within the Hemet S.C.D. zone. The Golf Knolls S.C.D. zone contains approximately 400 dwellings, comprised of mobilehomes and manufactured homes. The Air Force Village West S.C.D. zone contains approximately 400 dwelling units, comprised of duplex townhomes and apartments. 3. Enforcement of Section 18.7 The County of Riverside has taken some action to enforce Section 18.7’s limitations. Between June 28, 1989 and March 21, 1994, the County through its agents sent approximately 72 communications to occupants of residences suspected of allowing individuals who did not meet Section 18.7’s age restrictions to reside at that location. The communications, consisting of “Notices of Reported Violations” and “Notices of Violations,” set forth Section 18.7’s age restrictions and informed the recipient residents of their suspected violations. No communications were sent in 1990 or 1991, and approximately 57% of the communications sent since May 19,1993 (i.e., 13 of 23) incorrectly characterized the age restriction as being 50-or-older, not 55-or-older. B. The Parties 1. Defendants Plaintiffs name five defendants in then-first amended complaint: the County of Riverside (“the County”), Larry Parrish (“Parrish”), Thomas Ingram (“Ingram”), Scott Barber (“Barber”), and Joseph Tron-ti (“Tronti”). Defendant Parrish is the Chief Administrative Officer of the County; he is sued in his individual and official capacities. Defendant Ingram is the Director of Building and Safety for the County; he is sued in his individual and official capacities. Defendant Barber is the Supervising Code Enforcement Officer for the County; he is sued in his individual and official capacities. Defendant Tronti is a Senior Code Enforcement Officer with the County; he is sued in his individual and official capacities. 2. Plaintiffs a. Individually-Named Plaintiffs There are seven individually-named plaintiffs in this action. They are Douglas Arnold Gibson (“Douglas Gibson”). Douglas Arnold Gibson, Administrator of the Estate of Diane Marie Gibson (“Diane Gibson”), Dustin Gibson, Daniel Gibson, Lucille Mayo, and James Russell Dittmar (collectively, “Plaintiffs”). Plaintiffs Douglas Gibson and his wife Diane Gibson live with their two minor sons, Dustin Gibson and Daniel Gibson (collectively, “the Gib-sons”), in a house owned by Diane Gibson in Sun City. Plaintiff James Russell Ditt-mar, Sr. owns and lives in a home in Sun City with his wife, Helen, and his minor son Steven. Plaintiff Lucille Mayo resides in Hemet with her grandson Craig Flynn, a minor child. b. The Class On September 18,1995, the Court granted Plaintiffs’ motion for class certification, finding that Plaintiffs had satisfied at least the requirements of Rule 23(b)(2) of the Federal Rules of Civil Procedure. The Court certified a class comprised of: (1) all families with minor children who, since March 12, 1989, have been threatened with citation or eviction from their dwellings or cited or evicted from their dwellings by defendants for violation of section 18.7 of Riverside County Ordinance Number 348, which prohibits, or has been interpreted by defendants to prohibit, families with minor children from occupying a dwelling in certain areas of Riverside County; and (2) all persons who, since January 1, 1985, because of their age or because of the age of other residents of their household, have been threatened with eviction or evicted from their dwellings by defendants for violation of section 18.7 of Riverside County Ordinance Number 348, which prohibits, or has been interpreted by defendants to prohibit, persons from occupying a dwelling in certain areas of Riverside County on the basis of their age. The Court limited the class action portion of the case to determination of: (1) all questions on which entry of in-junctive or declaratory relief rests; (2) all questions relating to defendants’ liability for punitive damages (and the amount thereof if found liable); (3) Plaintiffs’ entitlement to, and the amount of their, attorneys’ fees; and (4) all other questions regarding defendants’ liability to the named plaintiffs and the members of the class, except for those questions which relate to proof of the causality, existence, and amount of specific compensatory damages due to individual plaintiffs. C. Procedural Background Plaintiffs filed a complaint against the County on May 9, 1994, and a first amended complaint (“FAC”) on March 29, 1995. The FAC alleges that the County’s actions in enacting, enforcing, and refusing to repeal Section 18.7 of Ordinance 348 give rise to claim for relief based on (1) the Fair Housing Act, 42 U.S.C. §§ 3601-3631(FHA); (2) the California Fair Employment and Housing Act, Cal.Gov.Code §§ 12900-12995 (FEHA); (3) the California Unruh Civil Rights Act, Cal.Civ.Code §§ 51-53 (Unruh Act); (4) federal constitutional substantive due process, (5) state constitutional substantive due process, (6) federal constitutional equal protection, (7) state constitutional equal protection, (8) state constitutional procedural due process, (9) state constitutional right of privacy, (10) federal constitutional freedom of association, (11) state constitutional freedom of association, (12) state law of inverse condemnation (i.e., a taking of property without just compensation), (13) state law of estoppel by nonconforming use rights, and (14) state law of estoppel by exceeding zoning authority. Plaintiffs seek compensatory and punitive damages, a declaratory judgment that the County’s actions are unlawful, injunctive relief, costs, and reasonable attorneys’ fees. On November 6, 1995, Plaintiffs filed a motion for partial summary judgment. Plaintiffs sought summary adjudication rulings on thirty-three legal issues underlying their numerous claims for relief against the County. On July 22, 1996, the Court granted in part Plaintiffs’ motion for partial summary judgment. The Court concluded that Section 18.7 of Ordinance 348 was null and void because as of January 1, 1995, California Government Code § 65008(a) (“section 65008(a)”) declares any zoning decision by a county to be “null and void” if it denies to anyone the enjoyment of residence because of age. The Court permanently enjoined the County “from denying to any person on the basis of age the enjoyment of residence, landownership, tenancy or other land use through the use of its zoning or planning functions.” The Court did not adjudicate any of the other issues raised by the parties’ motions. Three days after the Court filed its order and issued the injunction, on July 25, 1996, then California Governor Pete Wilson signed into law an amendment to section 65008. The amendment added subsection (e)(1) (“subsection (e)(1)”), which provides that, “Notwithstanding the above, nothing in this section or this title shall be construed to prohibit ... [¶] ... [t]he County of Riverside from enacting and enforcing zoning to provide housing for older persons, in accordance with state or federal law, if that zoning was enacted prior to January 1, 1995.” The County filed a motion seeking reconsideration of the Court’s July 22, 1996 order in light of the amendment. The Court denied defendant’s motion for reconsideration on March 11, 1997, finding that, in amending section 65008, the California legislature exceeded its constitutional powers by imposing specific zoning classifications on land, a power reserved exclusively to counties and cities under the California Constitution. The County appealed, and on December 31, 1997, the Ninth Circuit reversed in part, remanding the action for further proceedings. See Gibson v. County of Riverside, 132 F.3d 1311 (9th Cir.1997). The Ninth Circuit held that the Court was correct in its original conclusion that section 65008(a) rendered section 18.7 null and void, see id. at 1313, but that it erred in concluding that the 1996 amendment to section 65008 exceeded the California legislature’s constitutional authority. See id. The Ninth Circuit vacated the injunction entered by the Court on July 22, 1996 in its entirety. See id. at 1314. On remand, the parties briefed the effect of the Ninth Circuit’s decision, as well as the effect that intervening changes in, and interpretations of, law have had on their motions for partial summary judgment. Presently before the Court are the cross-motions for partial summary judgment originally filed on November 6, 1995. Plaintiffs seek summary adjudication rulings that defendants’ actions, in enacting and enforcing senior zoning in the unincorporated areas of the County of Riverside, are — or were — violations of (1) California Government Code § 65008, (2) the Fair Housing Act, 42 U.S.C. §§ 3601-3631; (3) California’s Unruh Civil Rights Act, Cal. Civ.Code §§ 51-53; and (4) Plaintiffs fundamental rights to familial privacy, intimate association, equal protection, and substantive due process as guaranteed by the United States and/or California Constitutions. Plaintiffs also seek summary adjudication rulings that Defendants are not entitled to certain statutory defenses to the alleged statutory violations, and that Plaintiffs have nonconforming use rights in their property to the extent the County’s zoning practices are presently legal. The County seeks partial summary judgment on all of Plaintiffs’ claims alleging that (1) its zoning practices are — and were — legal under state and federal law; (2) Plaintiffs have failed to satisfy certain procedural prerequisites for their state-law claims; and (3) certain defendants are entitled to immunity from any award of damages. II. EVIDENTIARY OBJECTIONS Plaintiffs make 148 independent objections to the evidence offered by the County in support of its motion and in opposition to Plaintiffs’ motion. Because the Court will not rely on much of the evidence to which Plaintiffs object, the Court will not address Plaintiffs’ specific objections to this evidence. The Court will, however, address Plaintiffs’ objections to the declaration submitted by Gregg Breed (“Breed”) and the chart of information contained therein. The primary purpose of the Breed declaration is to introduce a chart which the County contends is evidence of its compliance with a requirement imposed by the Fair Housing Act on entities wishing to qualify as 55-or-over “housing for older persons.” The requirement is that 80 percent of the dwelling units within an area seeking to qualify as 55-or-over housing for older persons be occupied by at least one person aged 55 or over. See 42 U.S.C. § 3607(b)(2)(C). With his declaration, Breed presents a chart which purports to demonstrate that over 80 percent of the dwelling units in the four areas zoned S.C.D. are occupied by at least one person aged 55 or older. Essentially, this chart is the only evidence that the County submits in support of an essential element of its affirmative defense to liability under the Fair Housing Act. The chart is a compilation of data the County gathered concerning the residents of dwelling units in the four areas zoned as 5.C.D. According to Breed, “The data concerning Air Force Village West in Riverside was provided by Maj. Gen. Farris (U.S.Ret.), President and Administrator of Air Force Village West,” and the data concerning the other areas came from two sources: responses that the County received from questionnaires sent to residents within those areas and from “followup investigative work done by Hearn Investigative Services (as described in paragraph five of Kent Livingston’s declaration ...).” In his declaration, Keith Livingston (“Livingston”) states the following (and nothing more) concerning the questionnaires and the follow up investigative work done by Hearn Investigative Services (“Hearn”): 4. In approximately June of 1994, I coordinated the preparation and delivery of a questionnaire survey to residents at the zoned locations in Sun City, Murrie-ta, Hemet, and Air Force Village West. A true and correct copy of this questionnaire is attached as Exhibit A to this declaration. 5. Follow-up investigation was conducted by Hearn Investigative Services of Riverside, California in the summer of 1995. Hearn focused on the non-responders to the survey, including researching for death certificates of the apparently-deceased. Breed does not indicate in his declaration what percentage of the information in the chart came from responses to the questionnaires and what percentage came from the follow-up investigative work done by Hearn. It is also not Clear from any of the evidence submitted by the County how many dwellings exist in the areas zoned as S.C.D. or what is the percentage of the dwellings in the areas zoned as S.C.D. The County has information about (e.g., what percentage of recipients of the questionnaire responded). The questionnaires asked recipients to list the name, age, date of birth, and length of residence of the residents in the dwelling and required that the questionnaire be signed under penalty of perjury. Livingston asserts in his deposition that the questionnaires were sent to all addresses within the areas zoned as S.C.D. When sent to the dwellings in the four areas zoned as S.C.D., each questionnaire was accompanied by a letter on the letterhead of Kay Ceniceros, who at that time was a member of the Board of Supervisors for the County of Riverside. It stated as follows: Dear Resident: The County of Riverside has been sued in United States District Court because of its attempts to enforce and keep the senior citizen’s zoning ordinance that covers the area in which you live. The County wishes to successfully defend this ordinance, on your behalf, but needs help in doing so. You will find enclosed a questionnaire that will allow the County and its attorneys to compile the necessary statistical information to properly defend senior citizen zoning. Would you please answer the questionnaire immediately and return it to us in the enclosed envelope at your earliest possible convenience? Your prompt assistance is very much appreciated. We regret the intrusion into your privacy, but this information is the only way we can uphold the zoning ordinance that all of you benefit from. We thank you for your support. Though the County seems to have shared the responses to the questionnaires with Plaintiffs, it did not, prior to filing its motion for partial summary judgment, disclose the results of the follow-up investigation conducted by Hearn. In fact, beyond paragraph five of the Livingston declaration, the County does not disclose the methods employed in, or results of, the follow-up investigation conducted by Hearn. Plaintiffs object to the County’s submission of the chart summarizing the responses to the questionnaires and the results of the follow-up investigation performed by Hearn. The County contends that the chart is admissible pursuant to both Rule 1006 of the Federal Rules of Evidence (“Rule 1006”) as a summary of otherwise admissible evidence and pursuant to Rule 803(8)(C) of the Federal Rules of Evidence (“Rule 803(8)(C)”) as a public record or report. A. Rule 1006 Rule 1006 permits parties to present a chart or summary of data where the data is so voluminous that the data cannot conveniently be examined in court. See Fed. R.Evid. 1006. Plaintiffs do not dispute that the data summarized in the chart contained in the Breed declaration is so voluminous that the data cannot conveniently be examined in court. Instead, Plaintiffs contend that in order for the summary of data to be admissible pursuant to Rule 1006, the data itself must be admissible and the data must be made available to Plaintiffs prior to its introduction in summary form. Plaintiffs argue that neither requirement is met here. First, Plaintiffs state that the responses to the questionnaires are hearsay and therefore inadmissible. Second, Plaintiffs assert that the County did not disclose to them the results of the follow-up investigation conducted by Hearn, prior to filing the summary in support of its motion for partial summary judgment. Plaintiffs are correct in their statement of the law. In order for a summary of data to be admissible pursuant to Rule 1006, “[the] proponent of [the] summary must show that (1) the underlying materials on which [the] summary was based are admissible, and (2) underlying documents were made available to [the] opposing party for inspection prior to their introduction.” See United States v. Miller, 771 F.2d 1219, 1238 (9th Cir.1985) (citing Paddack v. Dave Christensen, Inc., 745 F.2d 1254, 1259 (9th Cir.1984)); accord Amarel v. Connell, 102 F.3d 1494, 1516 (9th Cir.1996). Thus, the chart contained in the Breed declaration will be inadmissible pursuant to Rule 1006 if the County fails to establish the admissibility of the data summarized therein or if the County failed to make the underlying data available to Plaintiffs prior to filing its motion for partial summary judgment. 1. Admissibility of the Responses to the Questionnaires The County does not contest Plaintiffs’ assertion that the responses to the questionnaires are hearsay. The County argues instead that the responses fall within numerous exceptions to the hearsay bar and are thus admissible. First, the County argues that they fall within the exception for “records of vital statistics.” See Fed.R.Evid. 803(9). Pursuant to this exception, “[r]ecords or data compilations, in any form, of births, fetal deaths, deaths, or marriages [are not excluded by the hearsay rule], if the report thereof was made to a public office pursuant to requirements of law.” Id. (emphasis added). This exception is inapplicable however since the responses to the questionnaires were not “made to a public office pursuant to requirements of law.” As the cover letter accompanying the questionnaires demonstrates, whether to answer the questionnaire was a voluntary choice, not a requirement. Second, the County argues that the responses are admissible as “statements of personal or family history.” This exception excepts from the hearsay bar an indi-victual's statements concerning his or her own (or a relative’s) birth, see Fed.R.Evid. 804(b)(4), but applies only where the de-clarant is unavailable within the meaning of Rule 804(a). The burden of establishing unavailability is on the party seeking the introduction of the out-of-court statement. See 31 Michael H. Graham, Federal Practice and Procedure: Evidence § 6792, at 554 (1997). The County asserts that the respondents to the survey are “unavailable in practical terms, given that it would be infeasible to have thousands of separate declarants.” “Unavailability in practical terms,” however, is not one of the enumerated categories set forth in Rule 804(a) which defines what it means to be unavailable as a witness for purposes of the 804(b) exceptions. Thus, the County may not avail itself of the “statement of personal or family history” exception. Finally, the County argues that the responses to the questionnaires fall within the “residual” exception to the hearsay rule found in Rule 807 of the Federal Rules of Evidence (“Rule 807”). Rule 807 states: A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant. Thus, “[t]o be admissible pursuant to the residual exception, the evidence must fulfill five requirements: trustworthiness, materiality, probative importance, the interests of justice and notice.” See Parsons v. Honeywell, Inc., 929 F.2d 901, 907 (2d Cir.1991). To satisfy the “circumstantial guarantees of trustworthiness” requirement of Rule 807, the survey of residents within the areas zoned as S.C.D. must have been conducted in accordance with generally accepted principles. Pittsburgh Press Club v. United States, 579 F.2d 751, 758 (3d Cir.1978); accord Keith v. Volpe, 858 F.2d 467, 480 (9th Cir.1988); Harolds Stores, Inc. v. Dillard Dep’t Stores, 82 F.3d 1533, 1544 (10th Cir.1996). Technical and methodological deficiencies in the survey typically bear on the weight of evidence, not on its admissibility. See Volpe, 858 F.2d at 480; Harolds Stores, 82 F.3d at 1544. However, substantial deficiencies in the design or execution of a survey of individuals is grounds for its complete exclusion. See Harolds Stores, 82 F.3d at 1544; Pittsburgh Press, 579 F.2d at 759-60. In Pittsburgh Press, the Third Circuit set forth the following standards for assessing whether a survey of individuals had been conducted in accordance with generally accepted principles: A proper universe must be examined and a representative sample must be chosen; the persons conducting the survey must be experts; the data must be properly gathered and accurately reported. It is essential that the sample design, the questionnaires and the manner of interviewing meet the standards of objective surveying and statistical techniques. Just as important, the survey must be conducted independently of the attorneys involved in the litigation. The interviewers or sample designers should, of course, be trained, and ideally should be unaware of the purposes of the survey or the litigation. A fortiori, the respondents should be similarly unaware. Pittsburgh Press, 579 F.2d at 758 (emphasis in original); accord Lutheran Mut. Life Ins. Co. v. United States, 816 F.2d 376, 378 (8th Cir.1987). Here, as in Pittsburgh Press, there are lacking the essential hallmarks of reliability which have made surveys admissible in other cases. To begin, the survey was not conducted by experts or independently of the attorneys involved in the litigation. Instead, the deposition of Livingston — submitted by Plaintiffs with their objections to the County’s evidence — reveals that the questions on the questionnaire were written by an attorney for the County and that Livingston identified the residences to which the questionnaire would be sent. More importantly, the recipients of the survey were informed of the purpose of the survey and reminded that they were the beneficiaries of the survey. This is exactly the situation that the Pittsburgh Press court found so egregious. In Pittsburgh Press, the Pittsburgh Press Club (“the Club”) was seeking a refund of taxes paid to the Internal Revenue Service. In order to qualify, the Club had to establish a particular use of their building facilities. In particular, the Club had to establish that the facilities were used primarily for the benefit of Club members. Like the County here, the Club sent a questionnaire to its members which asked them about their use of the Club’s facilities. And again like the County here, with the questionnaire the Club sent a cover letter which said in part: Dear Member: As you may know, the Pittsburgh Press Club has been engaged in a prolonged dispute with the Internal Revenue Service regarding the Club’s status as an exempt organization. Part of that controversy has been favorably resolved by the rulings of the United States District Court here in Pittsburgh and the United States Court of Appeals for the Third Circuit. As yet unresolved and sent back for further hearing in the District Court is that part of the dispute which deals with revenues resulting from certain parties, banquets, or meeting functions (hereinafter referred to as affairs) held from 1966 through 1971 in the Banquet and Meeting Room facilities of the Club. The purpose of this letter is to seek your assistance in gathering information to enable the Press Club to obtain a refund of income taxes paid under protest for the years 1966 through 1971.... The results of the survey will be used by our expert witnesses and lawyers to establish statistical opinions as to the character of the use of the Club. .... [Id. at 756 n. 7.] Not surprisingly, the results of the survey were positive for the Club. The Pittsburgh Press court found that the cover letter which informed the recipients of the questionnaires of the questionnaire’s purpose irrevocably undermined the reliability of the survey’s results: The respondents, who were all Club members and thus interested in the litigation, were told the precise nature of the litigation and the purpose of the survey. They consequently knew which responses would be helpful to the PPC, and conversely, which would be harmful. Moreover, it was possible that a recipient of the questionnaire would fail to respond because he knew an honest response would be harmful to the Club’s position. Thus the respondents might have contained a higher percentage of those who could answer in a way helpful to the Club. It therefore appears that PPC’s survey suffers from a severe dearth of circumstantial guarantees of trustworthiness .... The respondents were all interested in PPC’s prevailing in the lawsuit. Yet they were expressly advised about the nature of the litigation and the survey, as well as which answers would benefit the Club. [Id. at 759.] Because of these deficiencies, the Third Circuit held that it was beyond the district court’s discretion to consider the survey and that the district court thus erred in considering it as admissible evidence. See id. at 759-60. The same concerns are present here. First, instead of employing an expert, the County and its attorneys designed and executed the survey. Second, many of the recipients of the questionnaire had a vested interest in keeping S.C.D. zoning in place, and they were informed before filling out the survey that responding to the survey could help in this effort. Third, despite the notice on the questionnaire that, “The above information is confidential and will be used for statistical purposes only,” those respondents who could not meet the age restrictions imposed by Section 18.7 would likely be fearful that they would be identifying themselves as lawbreakers if they returned their questionnaires. Thus, the reliability of the results of the survey is irrevocably undermined as in Pittsburgh Paints. The deficiencies are substantial and fundamental; they are not merely technical. In short, the circumstantial guarantees of trustworthiness required by Rule 807 for the responses to the questionnaires to be excepted from the hearsay bar are lacking. See id. Thus, the Court finds that the survey responses are inadmissible hearsay. Because the data underlying the chart in the Breed declaration is inadmissible as hearsay, the summary of the data is also inadmissible pursuant to Rule 1006. On this basis, the Court sustains Plaintiffs’ objection to the County’s submission of the chart contained in the Breed declaration pursuant to Rule 1006. 2. The County’s Failure To Make the Results of the Follow-Up Investigation Available to Plaintiffs For a separate and independent reason, the Court sustains Plaintiffs’ objection to the County’s introduction, pursuant to Rule 1006, of the chart contained in the Breed declaration. According to the County, the chart contains information gathered by the follow-up investigation performed by Hearn. Yet, the County did not provide the results of this investigation to Plaintiffs prior to their submission of the chart the content of which was based, in part, on this information. The County has not even detailed with any particularity the methods employed in the investigation or its results. For a summary of data to be admissible, the party seeking its admission must make the data underlying the summary available to the other party prior to its introduction. See Miller, 771 F.2d at 1238. Defendants have failed to meet this requirement, and thus the summary is inadmissible pursuant to Rule 1006 for this reason also. Accordingly, on this basis also, the Court sustains Plaintiffs’ objection to the County’s submission of the chart contained in the Breed declaration pursuant to Rule 1006. B. Rule 803(8)(C): Public Records and Reports Plaintiffs also object to the County’s submission of the chart contained in the Breed declaration pursuant to the “public records and reports” exception to the hearsay bar contained in Rule 803(8)(C). In civil actions and proceedings, Rule 803(8)(C) excludes from the hearsay bar “factual findings [and summaries thereof] resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.” Volpe, 858 F.2d at 481 (quoting Fed. R.Evid. 803(8)(C)). The proponent of evidence submitted pursuant to this rule — in this case, the County — must show that the factual findings resulted from an investigation made pursuant to authority granted by law. If the proponent meets this burden, the factual findings will be presumed to be sufficiently trustworthy to overcome the hearsay bar unless the opponent of the findings’ submission' — -in this case, Plaintiffs — establishes that the sources of information or other circumstances indicate lack of trustworthiness. See Volpe, 858 F.2d at 481. Though the questionnaires were prepared only after Defendants were sued, the fact that the County had an independent obligation to ascertain the proportion of residences occupied by at least one person aged 55 years or older makes the results of the questionnaires “factual findings resulting from an investigation made pursuant to authority granted by law” within the meaning of Rule 803(8)(C). See id. at 481-82. Thus, they are presumed to be admissible pursuant to Rule 803(8)(C) unless Plaintiffs satisfy their burden of demonstrating that the “sources of information or other circumstances indicate lack of trustworthiness.” See id. at 481. For the reasons discussed above, the Court finds that Plaintiffs have satisfied this burden. The method of distributing the questionnaires employed by the County severely undermines the trustworthiness of the results. Moreover, the failure of the County to share with Plaintiffs (or the Court) the results of the follow-up investigation conducted by Hearn calls the trustworthiness of these results into question also. Accordingly, the Court sustains Plaintiffs’ objection to the submission of the chart in the Breed declaration pursuant to Rule 803(8)(C). C. Rule 403 Plaintiffs also object, pursuant to Rule 403 of the Federal Rules of Civil Procedure (“Rule 403”), to the submission of the chart contained in the Breed declaration because, according to Plaintiffs, the chart’s probative value is substantially outweighed by the danger that it will mislead the jury. See Fed.R.Evid. 403 (allowing federal district courts to exclude evidence where its probative value is substantially outweighed by the danger of misleading the jury). The Court agrees that the chart’s probative value is substantially outweighed by the chance that it will mislead the jury for the reasons stated above and for one additional reason. The Court finds that the probative value of the chart is fundamentally limited by Defendants’ failure to include, even in response to Plaintiffs’ objections, any explanation of how the data and presumptions underlying the chart contained in the Breed declaration were derived. For example, Defendants have not established with any degree of certainty how many dwellings exist in the areas zoned as S.C.D. Nor have they explained what percentage of recipients of the questionnaire responded, what follow-up investigatory efforts were performed by Hearn, or the results of the follow-up investigation. Without this information, the chart has little, if any, probative value, and the danger that a jury would be misled by the results contained therein is great. Accordingly, the Court also sustains Plaintiffs’ objection to the County’s submission of the chart contained in the Breed declaration pursuant to Rule 403. III. UNDISPUTED MATERIAL FACTS Following are undisputed material facts supported by admissible evidence. Plaintiffs Douglas Gibson and his wife Diane Gibson live with their two minor sons, Dustin Gibson and Daniel Gibson (collectively, “the Gibsons”), in a housé owned by Diane Gibson in Sun City. Diane Gibson inherited the home from an aunt who died on January 23, 1991. The family first began occupying the house in late November, 1991. Sun City was S.C.D.-zoned at the time Ms. Gibson’s aunt died in January, 1991, as well as when the Gibsons began occupying the house later that year. At the time the cross motions for partial summary judgment were first filed on November 6, 1995, Douglas Gibson was age 41; Diane Gibson was age 35; Daniel Gibson was age 16; and Dustin Gibson was age 11. In July, 1992, the County caused a Notice of Reported Violation of the County’s senior citizen zoning to be served on the Gibsons (“July Notice”). The July Notice described the reported violation as “the occupancy of a dwelling unit by a person or persons under 55 years of age” and stated that the appropriate response to the reported violation would be “restricting the occupancy of [the] dwelling unit to persons 55 years of age or older.” On January 21, 1993, the County caused a Notice of Violation to be served on the Gibsons (“January Notice”). The January Notice stated that the Gibsons had been “found to be in violation of ... Section 18.7: The occupancy of a Dwelling Unit in the Senior Citizen Development Zoning area by a person or persons under 55 years of age.” The January Notice directed the Gibsons to comply with Section 18.7 by “restricting occupancy of Dwelling to persons 55 years and older IMMEDIATELY.” The January Notice also stated, “A FOLLOW-UP INVESTIGATION WILL BE CONDUCTED ON OR ABOUT 3/22/93. FAILURE TO COMPLY BY THIS DATE COULD RESULT IN THE ISSUANCE OF A CITATION. PENALTY FOR FAILURE TO COMPLY[:] UPON CONVICTION, THERE WILL BE A FINE OF $100 FOR THE FIRST OFFENSE, $200 FOR THE SECOND AND $1000, OR SIX (6) MONTHS IN JAIL, OR BOTH, FOR THE THIRD OFFENSE.” On March 23, 1993, the County served Plaintiff Douglas Gibson with a Notice to Appear in Court Nontraffic (“Notice to Appear”) which described Douglas Gibson’s alleged criminal violation as “Ord. 348 sec. 18.7 The Occupancy of a dwelling in the Senior Zone, by a person under 55 years of age.” Thereafter, Gibson challenged the legality of the County’s age-based zoning. This challenge caused the County to seek information from the Sun City Civic Association which the County needed to establish Section 18.7’s compliance with the Fair Housing Act. In a letter dated April 27, 1994, Pamela J. Anderson, Deputy County Counsel, noted the urgency of the County’s request: It is therefore extremely important that we receive the above information and documentation at our office no later than May 3, 1994. If we do not receive such information and documentation by this date, we will dismiss the infraction citation in the [Gibson] case, rather than risk the invalidation of our ordinance. I hope you can appreciate the urgency of this matter as I would hate [for] the word to get out that the County cannot enforce the Senior Citizen Zoning Ordinance because we cannot show that the housing in Sun City qualifies as “housing for older persons” under the Federal Fair Housing Act. Unable to compile the appropriate information establishing the County’s compliance with the Fair Housing Act, the County dropped the charges against Gibson on May 4, 1994. IV. ANALYSIS This is a complicated case that has become more complicated during the time in which it has been pending before the Court. Plaintiffs asserts that the County’s S.C.D. zoning scheme discriminates on the basis of age and familial status in such a way as to violate California Government Code § 65008(a), the Fair Housing Act, California’s Unruh Civil Rights Act (“Un-ruh Act”), and the guarantees of privacy afforded by the United States and California Constitutions. However, during the course of this litigation, the standards for determining what conduct violates the Fair Housing Act, the Unruh Act, and California Government Code § 65008(a) have changed numerous times with the changes affecting, at least in part, the relief Plaintiffs seek against the County. What is not at issue in this case is the ability of private land owners living within the County of Riverside to establish housing developments for senior citizens which discriminate on the basis of age and familial status. Federal and state law clearly affords them this right, provided that they meet certain statutory requirements. What is at issue is the authority of the County of Riverside, a governmental entity, in the exercise of its zoning power, enacting legislation to set aside areas within its jurisdiction, in which areas there are approximately 7,000 dwelling units and where only persons who are 55 years of age or older may live. Plaintiffs contend that (1) the federal and state statutory and regulatory schemes which allow private owners to establish and enforce age-based restrictions in limited situations do not contemplate or permit large-scale age-based zoning such as that enacted and implemented by the County pursuant to Section 18.7; (2) to the extent that age-based zoning is permissible under federal and state statutory law, the County has failed to satisfy the statutory requirements which would make it legal; and (3) to the extent that the County’s zoning satisfies federal and state statutory requirements, age-based zoning, as applied to such a large number of dwellings, violates the guarantees of privacy afforded to Plaintiffs by the United States and California Constitutions. The County contends that the age requirements contained in Section 18.7 are contemplated by federal and state law, satisfy all federal and state statutory requirements, and do not violate the guarantees of privacy afforded by the United States and California Constitutions. The Court has read and carefully considered the parties’ exhaustive briefing as to each of these three issues. Ultimately, the Court concludes that to the extent that federal and state law permits age-based zoning, the County has failed to satisfy the requirements which the County acknowledges it must satisfy in order for such zoning to be valid. Accordingly, the Court will not adjudicate in this order any issues concerning the abstract permissibility, under state and federal law, of age-based zoning or the constitutionality of the County’s age-based zoning scheme. County Court of Ulster County, N.Y. v. Allen, 442 U.S. 140, 154, 99 S.Ct. 2213, 2223, 60 L.Ed.2d 777 (1979) (plurality). (“Federal courts are courts of limited jurisdiction. They have the authority to adjudicate specific controversies between adverse litigants over which and over whom they have jurisdiction. In the exercise of that authority, they have a duty to decide constitutional questions when necessary to dispose of the litigation before them. But they have an equally strong duty to avoid constitutional issues that need not be resolved in order to determine the rights of the parties to the case under consideration.”); Campos v. Nail, 43 F.3d 1285, 1288-89 (9th Cir.1994) (“[A] federal court should not decide federal constitutional questions where a dispositive nonconstitu-tional ground is available.”) (quoting Hagans v. Lavine, 415 U.S. 528, 547, 94 S.Ct. 1372, 1384, 39 L.Ed.2d 577 (1974)). A. Summary Judgment Standard Under Rule 56(c) of the Federal Rules of Civil Procedure, a district court may grant summary judgment where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(c). Supreme Court and Ninth Circuit precedent establish the following standards for consideration of such motions: “If the party moving for summary judgment meets its initial burden of identifying for the court the portions of the materials on file that it believes demonstrates the absence of any genuine issue of material fact,” the burden of production then shifts so that “the nonmoving party must set forth, by affidavit or as otherwise provided in Rule 56, ‘specific facts showing that there is a genuine issue for trial.’ ” T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987) (quoting Fed. R.Civ.P. 56(e)) (emphasis added in court opinion) (citations omitted). With respect to these specific facts offered by the non-moving party, the court does not make credibility determinations or weigh conflicting evidence, and is required to draw all inferences in a light most favorable to the non-moving party. See id. at 630-31. Rule 56(c) nevertheless requires this Court to enter summary judgment, “after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “The mere existence of a scintilla of evidence in support of the non-moving party’s position [is] insufficient; there must be evidence on which the jury could reasonably find for the [non-moving party].” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In order to defeat a motion for summary judgment, the plaintiff must present “significant probative evidence tending to support the complaint.” T.W. Elec. Serv., 809 F.2d at 630. This court thus applies to either party’s motion for summary judgment the same standard as for a motion for directed verdict: “[Wjhether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505. B. Fair Housing Act Through passage of the Fair Housing Act (“the FHA”), 42 U.S.C. §§ 3601-3631, Congress sought to “provide ... for fair housing throughout the United States.” 42 U.S.C. § 3601. In order to achieve this goal, Congress created a statutory cause of action for any person “aggrieved” by a discriminatory housing practice. See id. § 3613(a)(1)(A). Prior to 1989, the FHA prohibited certain discriminatory housing practices when based on race, color, religion, sex, or national origin. These practices include (1) making dwellings unavailable based on race, etc., id. § 3604(a); (2) discriminating in the terms of sale or rental of a dwelling based on race, etc., id. § 3604(b); (3) printing or publishing advertisements or notices with respect to the sale or rental of a dwelling indicating any preference, limitation, or discrimination based on race, color, religion, sex or national origin, id. § 3604(c); and (4) coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, any right granted or protected by section 3604. Id. § 3617. In 1989, Congress added “familial status” to the list of characteristics upon which the discriminatory housing practices enumerated above could not be based. The addition was motivated by a concern that housing opportunities were not sufficiently available to persons with children. However, in making discrimination based on familial status illegal, Congress provided an exception for certain housing developments termed “housing for older persons” (“HOP”). Under the FHA, housing developments which qualify as HOP are free to discriminate based on familial status, see 42 U.S.C. § 3607(b)(1) (“[No] provision in this subchapter regarding familial status applies] with respect to housing for older persons.”), to the extent that such discrimination is otherwise permissible under federal and state law. There are three types of HOP which are excepted from the FHA’s prohibition on familial-status based discrimination. The first is housing provided under any State or Federal program that the Secretary of Housing and Urban Development (“Secretary”) determines is specifically designed and operated to assist elderly persons. See id. § 3607(b)(2)(A). The second is housing intended for, and solely occupied by, persons 62 years of age or older. See id. § 3607(b)(2)(B). The third is “[housing] intended and operated for occupancy by at least one person 55 years of age or older per unit” (“55-or-older HOP”). See id. § 3607(b)(2)(C). Most, if not all, of the reported court decisions concerning HOP concern this third category of HOP, as does this case. At the direction of Congress, the Secretary developed regulations which helped define what housing developments could qualify as 55-or-older HOP. In so directing, however, Congress set forth three threshold requirements that had to be met, in addition to any requirements that the Secretary imposed, by any housing development seeking to qualify as 55-or-older HOP. See id. § 3607(b)(2)(C) (“In determining whether housing qualifies as housing for older persons under this subsection, the Secretary shall develop regulations which require at least the following factors: ....”) (emphasis added). These threshold requirements were: (1) the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons; (2) the occupation of at least 80 percent of the units by at least one person 55 years of age or older; and (3) the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Status as HOP is an affirmative defense for which Defendants have the burden of persuasion. See Hogar Agua y Vida en el Desierto, Inc. v. Suarez-Medina, 36 F.3d 177, 182 n. 4 (1st Cir.1994); Massaro v. Mainlands Section 1 & 2 Civic Assoc., Inc., 3 F.3d 1472, 1475 (11th Cir.1993). As an exception to the general rule prohibiting discrimination, the exception is construed narrowly. See Massaro, 3 F.3d at 1475; cf. City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 731, 115 S.Ct. 1776, 131 L.Ed.2d 801 (1995) (noting the FHA’s “ ‘broad and inclusive’ compass” and construing another exception within the FHA “narrowly in order to preserve the primary operation of the [statute’s anti-discriminatory provisions]”) (quoted cases omitted). In order to have the benefit of the defense, an entity claiming it must satisfy all three of the threshold requirements. See, e.g., Massaro 3 F.3d at 1482 (holding that homeowners association was not eligible for the exemption where it failed to satisfy the “policies and procedures” test). The entity, moreover, must demonstrate that it satisfied these elements at the time the alleged discriminatory acts took place, pursuant to the statutes and regulations then in effect. See Covey, 116 F.3d at 839. Plaintiffs contend that many of the County’s actions violate the FHA’s prohibition on familial-status based discrimination and seek summary adjudication rulings to that effect. These actions include the County’s imposition of S.C.D. zoning as well as the County’s enforcement of the limitations imposed by the zoning. The County does not contest that these actions violate the general anti-discriminatory provisions of the FHA. The County contends, however, that it is not prohibited from discriminating based on familial status since, according to the County, it has satisfied the statutory prerequisites to qualify the S.C.D.-zoned areas as 55-or-older HOP. The County seeks summary judgment on all of Plaintiffs’ FHA claims on this ground. For two independent reasons, the Court concludes as a matter of law that the County did not qualify as 55-or-over HOP at any time from March 12, 1989 to November 6, 1995. First, the County has failed to present sufficient probative evidence to establish as a genuine issue of fact that at any time during that period, eighty percent of the dwelling units in the areas zoned as S.C.D. were occupied by at least one person aged 55 or over. Second, the County has offered no evidence that at any time during that period it adhered to policies and procedures demonstrating its intent to provide housing for persons 55 years or older. The Court also concludes as a matter of law that the County did not qualify as 55-or-over HOP from March 12, 1989 to May 19, 1993 for a third reason. During that period, the County failed to publish a policy and procedure which sufficiently demonstrated its intent to provide housing for persons 55 years or older. 2. The Eighty Percent Requirement In order to establish a genuine issue of fact regarding the affirmative defense to familial status discrimination that qualifying as 55-or-over HOP provides, the County must present significant probative evidence that eighty percent of the dwellings within the areas zoned as S.C.D. were occupied or were reserved for occupancy by at least one person aged 55 or over. See 42 U.S.C. §§ 3607(b)(2)(C)(ii) & 3607(b)(3)(B). The County, however, has submitted no admissible evidence from which a reasonable jury could find in its favor as to this requirement. Without such evidence, the County did not qualify as 55-or-over HOP for the subject periods of time. Accordingly, on this basis, the Court will deny the County’s motion for summary judgment on Plaintiffs’ FHA claims, and will grant Plaintiffs’ motion for a summary adjudication ruling that the County, as a matter of law, did not qualify for the 55-or-older HOP exemption at any time between March 12, 1989, the date on which familial-status discrimination became illegal under the FHA, and November 6, 1995, the date on which the County submitted evidence purporting to demonstrate its compliance with the FHA’s requirements for 55-or-older HOP. 2. “Publication Of, And Adherence To Policies And Procedures Which Demonstrate an Intent by The Owner or Manager to Provide Housing For Persons 55 Years of Age or Older” In order to establish the affirmative defense to familial status discrimination that qualifying as 55-or-over HOP provides, the County must present uncontradicted admissible evidence that it published and adhered to policies and procedures demonstrating its intent to provide housing for persons 55 years of age or older. See 42 U.S.C. § 3607(b)(2)(C)(iii). The requirement is joint; it requires the “publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.” Id. (emphasis added). It is not enough that the person claiming the exemption published a policy demonstrating its intent to provide housing for persons 55 years of age or older if the entity did not adhere to a procedure demonstrating the same intent. Similarly, it is not enough that the person seeking to claim the exemption adhered in fact to a procedure of only accepting persons over 55 as residents or occupants where the entity failed to publish such policy. See United States v. City of Hayward, 36 F.3d 832, 838 (9th Cir.1994) (holding that a mobilehome park could not qualify as HOP where its written policy was 18-or-older even though park attempted to enforce 55- or-older policy). Failing to satisfy either requirement deprives an entity of the ability to qualify as 55-or-older HOP. See id. a. The County Did Not Adhere to Procedures Demonstrating Its Intent To Provide Housing for Persons 55 Years of Age or Older. To satisfy the “procedures” requirement, an entity seeking to qualify as 55- or-older HOP must have an effective procedure in place to ensure its compliance with the statutory and regulatory prerequisites for qualifying as 55-or-older HOP. Typically, such a procedure involves some kind of age-verification. See Massaro, 8 F.3d at 1478-79; Simovits v. Chanticleer Condominium Ass’n, 933 F.Supp. 1394, 1402-03 (N.D.Ill.1996). The procedure must exist prior to the allegedly discriminatory acts and must have some degree of reliability. See Massaro, 3 F.3d at 1478-79; Simovits, 933 F.Supp. at 1403. Finally, the procedure must be performed on a consistent basis. See Simovits, 933 F.Supp. at 1403. Prior to, and at the time of, the discriminatory acts alleged by Plaintiffs, the County did not have in place any “procedure” to assure its compliance with the statutory and regulatory prerequisites for qualifying as 55-or-older HOP. For example, until this lawsuit was initiated, it took no action to verify the ages of the residents in the areas zoned as S.C.D. The County itself readily admits by way of a request for admission: “At no time prior to May 4, 1994, did defendants or any other agent, employee, official, or contractor of the defendant Riverside County make any investigation or analysis to determine whether any of the housing units zoned by Riverside County of senior citizen occupancy, pursuant to Section 18.6 or 18.7 of Ordinance No. 348, qualified as housing for older persons within the meaning of the Federal Fair Housing Act, 42 U.S.C., Section 3607(b).” It is true that the uncontradicted evidence reveals that the County, through its agents, did investigate, on occasion, complaints of zoning violations including complaints that residences in S.C.D.-zoned areas were being occupied by individuals who did not satisfy Section 18.7’s age requirements. The County has submitted as evidence copies of 72 communications sent between June 28, 1989 and March 21, 1994 to residences suspected of being occupied by such individuals. These communications consist of “Notices of Reported Violations” and “Notices of Violations.” A review of these communications indicates that (1) none were sent in 1990 or 1991; (2) many of the “Notices of Reported Violations” were sent in response to written complaints to the County and not as a result of any systematized investigatory procedure of the County; and (3) approximately 57% of the communications sent since May 19, 1993 (i.e., 13 of 23) characterized the age restriction as being 50-or-older, not 55-or-older. These actions do not satisfy the statutory requirements of Section 3607(b)(2) in that they were neither sufficiently reliable to insure the County’s compliance with the FHA’s HOP provisions nor performed on a consistent basis. See Massaro, 3 F.3d at 1478-79; Simovits, 933 F.Supp. at 1403. Moreover, those communications which characterized the age restriction as being 50-or-older, not 55-or-older, do not reflect an intent to provide housing for individuals 55 years of age or older. In short, a reasonable jury could not find from this evidence that the County, at any time between March 12, 1989 and November 6, 1995, adhered to a procedure demonstrating its intent to provide housing for persons 55 years of age or older. The County attempts to rely on actions taken by various associations in the four S.C.D.-zoned areas to satisfy the “procedures” requirem