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Case 8:23-cv-00504 Document 1 Piled 03/20/23 Page 26 of 45 Page ID #:26 1 Urgency Ordinance, Turner submitted its Major Commercial Remodel Application for 2 the Main Street Property on December 22, 2022, two days after the Urgency Ordinance 3 had already gone into effect. 4 97. Turner did not learn of the Urgency Ordinance until City staff sent an e- 5 mail to Turner on December 29, 2022, stating that a CUP would be required to allow "an 6 entity such as Share Our Selves" to conduct any operations in the P District. 7 98. On January 31, 2023, City staff informed Turner that proceeding with a 8 CUP application would also require payment of a Development Permit Fee in the 9 amount of$5,216.38, an Environmental Determination Fee of$706, and an OCFA fee 10 of$404. 11 E. The Urgency Ordinance Expires, Turner resubmits Its remodel 12 Application, And The City Council .Approves The Permanent 13 Ordinance. 14 99. On January 17, 2023, the City Council held a public hearing on the first 15 reading of the Permanent Ordinance, which is the permanent version of Zoning 16 Ordinance 2022-03. Like the Urgency Ordinance, this version also contained the 17 discriminatory CUP Requirement in section 41-313.5(p) of the City's Municipal Code, 18 and the other anti-homeless provisions discussed above. 19 100. For the third time, despite the fact that the City intended the Permanent 20 Ordinance to (a) directly apply to the Project, (b) prevent Turner from timely closing 21 escrow on the Main Street Property, and (c) effectively prohibit SOS's use of that 22 Property, the City failed to give Turner or SOS any notice of the hearing on the 23 Permanent Ordinance. Once again, the public notice did not state that the City was 24 considering imposing a CUP requirement for medical offices in the P District. 26 Complaint of Share Our Selves