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Case 8:23-cv-00504 Document I Filed 03/20/23 Page 4 of 45 Page ID #:4 <br /> 1 attract. <br /> 2 7. Moreover, it was hardly a coincidence that the City's request that SOS not <br /> 3 operate a food pantry at the Main Street Property occurred at the same time in mid-2022 <br /> 4 that the City was threatening fines and criminal prosecution against Micah's Way unless <br /> 5 it stopped distributing food and beverages to poor and homeless persons at the Resource <br /> 6 Center operated by Micah's Way on 41h Street in Santa Ana. <br /> 7 8. SOS agreed to the City's request not to operate a food pantry at the Main <br /> 8 Street Property and continued to work with City staff over a period of months to satisfy <br /> 9 staff s concerns about parking and other issues relating to the plans for SOS's proposed <br /> 10 remodeling project (the "Project"). On November 17, 2022, SOS sent an e-mail to the <br /> 11 City's Planning Division stating SOS's understanding that the proposed "medical office" <br /> 12 use of the Main Street Property was "a by-right use" and that, since certain design <br /> 13 changes to eliminate square footage were going to be incorporated into the plans for the <br /> 14 Project "so that the proposed use can be 100%parked on site," there would be no need <br /> 15 for any discretionary entitlements for the Project, such as a minor exception for the <br /> 16 required number of parking spaces. <br /> 17 9. Notably, in that same e-mail of November 17, 2022, SOS expressly <br /> IS informed the City that (a) SOS's due diligence period to purchase the Main Street <br /> 19 Property was going to expire in February 2023 and (b) the reason SOS had decided to <br /> 20 eliminate square footage for the Project was to eliminate the need to obtain any <br /> 21 discretionary permits and thereby allow SOS to obtain "planning signoff' on its plans <br /> 22 "prior to the expiration of[the] property due diligence period in February." <br /> 23 10. On November 28, 2022, the City's Planning Division replied to SOS's e- <br /> 24 mail and expressly confirmed that the "review process" for SOS's Project would be <br /> 4 <br /> Complaint of Share Our Selves <br />