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Case 8:23-cv-00504 Document I Filed 03/20/23 Page 24 of 45 Page 1D #:24 <br /> 1 notice having been given to Turner or SOS, the version of the Proposed Omnibus <br /> 2 Amendment to the Zoning Code that City staff presented to the Planning Commission. <br /> 3 for its consideration at the December 12, 2022 meeting did, in fact, include new <br /> 4 language purporting to amend section 41-313.5 of the Zoning Code to require Non- <br /> 5 Profit Entities to obtain a discretionary permit, i.e., a CUP (hereinafter referred to as the <br /> 6 "CUP Requirement"), before being allowed to operate any Medical Offices in the P <br /> 7 District. <br /> 8 88. What is important to note is that this new language surfaced at the Planning <br /> 9 Commission meeting just two weeks after City staff had informed Turner in.writing that <br /> 10 the Project would only be subject to administrative review by the Planning Division, <br /> 11 There can be no doubt, therefore, that this new language was purposely aimed at SOS's <br /> 12 Project and was designed to bring it to an immediate halt. <br /> 13 89. At the December 12, 2022 meeting, the Planning Commission voted to <br /> 14 recommend that the City Council approve the version of Zoning Ordinance 2022-03 that <br /> 15 amended section 41-313.5 of the Zoning Code to impose the discriminatory CUP <br /> 16 Requirement for Medical Offices operated by Non-Profit Entities in the P District. <br /> 17 90. Shortly thereafter, on December 20, 2022, the City Council held a hearing <br /> 18 on the Urgency Ordinance, which was virtually identical to Zoning Ordinance 2022-03 <br /> 19 that had been recommended for approval by the Planning Commission on December 12, <br /> 20 but the Council hurriedly enacted the Ordinance as an urgency measure, rather than as a <br /> 21 permanent ordinance. <br /> 22 91. Once again, despite the fact that the Urgency Ordinance was obviously <br /> 23 intended to apply to the Project, the City opted not to give Turner or SOS any heads up <br /> 24 or other form of notice of the hearing on the Urgency Ordinance. 1n fact, no advance <br /> 24 <br /> Complaint of Share Our Selves <br />