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Agenda Packet_2026-02-03
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Agenda Packet_2026-02-03
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1/28/2026 8:51:31 AM
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City Clerk
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Agenda Packet
Agency
City Council
Date
2/3/2026
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APPEAL APPLICATION FEE PAYMENT <br /> CUP No. 1982-18-MOD-1 - Forty Martyrs Armenian Church/Ari Guiragos Minassian <br /> Armenian School <br /> Hearing Body: City of Santa Ana Planning and Building Agency - Planning Division <br /> Hearing Date: October 27, 2025 <br /> Submitted by Anthony Gutierrez, Trustee of the Sally C Gutierrez Trust, its residents, and <br /> beneficiaries <br /> 5401 West Tampion Avenue, Santa Ana, CA 92704 <br /> APPEAL APPLICATION FEE <br /> The enclosed $734.00 cashier's check is submitted under protest and without waiver of <br /> rights, solely to meet the City's stated deadline forfiling an appeal. This payment is not to <br /> be construed as agreement that the appeal fee is lawful in this context. <br /> This appeal concerns disability-impacted housing conditions and the rights of disabled <br /> residents, a protected class under the Fair Housing Act, the Americans with Disabilities Act, <br /> and related state civil rights laws. The issues raised directly affect the quiet enjoyment, <br /> safety, health, and habitability of a residential R-1 property occupied by disabled individuals. <br /> Under the Fair Housing Act (42 U.S.C. §§ 3601-3619) and the Americans with Disabilities <br /> Act (ADA), Title II (42 U.S.C. §§ 12131-12134): <br /> •A public entity may not impose financial barriers that prevent a disabled resident from <br /> seeking relief or reasonable accommodation; and <br /> •When an appeal is based on disability discrimination or the protection of a disabled <br /> resident's housing rights, such fees may be unlawful or must be waived or reasonably <br /> accommodated. <br /> Accordingly, this fee is being submitted under formal dispute, with all rights reserved to seek <br /> reimbursement, waiver, or accommodation, and to challenge the imposition of the fee as a <br /> discriminatory barrier to exercising civil rights. <br /> The appellant expressly reserves all rights and remedies under the ADA, FHA, FEHA, <br /> Government Code §65008, and any other applicable law, including the right to seek <br /> reimbursement, fee waiver, or legal relief. <br /> Sincerely, <br /> Anthony Gutierrez, Trustee <br /> City Council 18 - 14 2/3/2026 <br />
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