Agenda Packet_2026-02-03 - Laserfiche WebLink

Home Browse Search

f SECTION 6 — DISABILITY & SENIOR RESIDENT IMPACTS (ADA / EHA / 11135 The Trust residence is occupied by senior and disability-affected individuals whose daily living, health, and sensory tolerances differ from the general population. Land-use decisions affecting such protected residents must be assessed with heightened care to ensure compliance with federal and state civil-rights protections. The project approval did not acknowledge, evaluate, or safeguard the rights of these residents under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), Section 504, or California Government Code §11135, The resulting impacts disproportionately burden protected individuals and undermine their right to full and equal enjoyment of their home. 6.1 Presence of Senior and ,Disability-Affected „Residents Triggered a ,Heightened Duty of Consideration The City was aware, or reasonably should have been aware, that the immediately impacted residence is occupied by senior and disability-affected Individuals — a protected population under federal and state law. Any land-use decision that increases burdens, disrupts stability, or diminishes daily living forsuch residents must be evaluated for potential discriminatory or disparate impacts. No acknowledgment of this protected status, nor any enhanced assessment of impact, was included in the review or approval process. 6.2 Expanded Institutional Activity Creates Disproportionate Sensory and Environmental Impacts The intensification of institutional use -- including increased noise, activity levels, vehicular movement, lighting, and after-hours use — directly heightens environmental and sensory exposure for residents whose age, mobility, medical vulnerabilities, or neurological or sensory sensitivities may be adversely affected. For disability-affected residents, these impacts are not merely inconvenient; they may interfere with health, recovery, stability, daily routines, sleep, rehabilitation, and the basic ability to safely and peacefully occupy one's home. The City did not consider the disproportionate effect of these impacts on protected residents. 6.3 Fallure to Evaluate Fair Housing and Disability.,-Based Impact Under the Fair Housing Act and related civil-rights protections, land-use actions must not result in discriminatory effect, disparate burden, or denial of equal housing enjoyment for individuals based on age or disability. Government Code §11135 further prohibits discrimination in programs or activities funded or administered by the State or its subdivisions. No Fair Housing or ADA-related impact analysis was conducted to determine whether the project would create unequal burdens for the protected residents. This omission disregards mandatory considerations and left decision-makers without critical insight regarding the effect on vulnerable residents. 17 City Council 18 — 33 2/3/2026