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Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities <br />and Request for Reasonable Accommodation <br />Page 9 of 97 <br />C. Violation of the Welfare and Institutions Code Section 5120 <br />The City of Santa Ana also discriminates against people with mental health <br />disabilities by violating Welfare and Institutions Code section 5120. Per Section <br />5120, the City cannot discriminate "in the enactment, enforcement, or <br />administration of any zoning laws, ordinances, or rules and regulations <br />between the use of property for the treatment of general hospital or nursing <br />home patients and the use of property for the psychiatric care and treatment of <br />patients, both inpatient and outpatient." This provision, as codified in The <br />Lanterman-Petris-Short Act, was aimed at ending the longstanding involuntary <br />commitment of people with disabilities by ensuring that they were provided <br />treatment and services in the least restrictive settings and in local communities <br />instead. Welf. & Inst. Code § 5001; Welf. & Inst. Code § 5120. Here, the City's <br />lawsuit is directly at odds with the stated intent of the Act because it seeks to <br />prevent MHA-OC from providing mental health treatment and services at the <br />South Main Street Site, which is part of the local community. <br />Notably, the City itself has long recognized that the South Main Street Site is a <br />program that is a psychiatric treatment or mental health clinic program within <br />the meaning and intent of Welfare and Institutions Code §5120 and the Site <br />has written confirmation from the City of Santa Ana.15 <br />D. The South Main Street Site Does Not Violate the City's Zoning Code <br />The City also alleges that the South Main Street Site is a multiservice center, <br />and as such, cannot operate in a C2 General Commercial zoning district per <br />the zoning code embodied in the Santa Ana Municipal Code. However, the City <br />misstates its own zoning laws and the zoning for the South Main Street Site, <br />The South Main Street site is a center that provides mental health treatment in <br />a clinic setting. The Site is permitted by right in a C2 zone, as C2 zone <br />incorporates, under Sec. 41-377(a), all uses permitted in the C1 district.16 The <br />35 April 24, 2002 City of Santa Ana letter issue confirming the application of Welfare & Institutions <br />Code §5120 to the South Main Street Site. Attached as Ex. A. <br />" "Uses Permitted in the C2 district.... (a) All uses which are permitted in the C1 district pursuant to <br />section 41-365." Section 41-377(a), C2 General Commercial of the City of Santa Ana Planning and <br />Building Agency, Planning Division (emphasis omitted). Available online at: httos://www.santa- <br />ana.org/sites/default/files/Documents/C2 Opddf. <br />