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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 27 of 45 Page ID #:27 1 101. More importantly, the public notice for the January 17, 2023 hearing on the 2 first reading of the Permanent Ordinance was legally defective and violated section 3 65094 of the Government Code by failing to state whether the Planning Commission 4 had recommended that the City Council adopt the Permanent Ordinance. 5 102. At the January 17, 2023 hearing, the City Council voted to approve the 6 Permanent Ordinance, and to advance it to a second reading, which was scheduled for 7 February 7, 2023. 8 103. Attached as Exhibit C hereto is a true and correct copy of the Agenda 9 Packet for the Permanent Ordinance, which contains a true and correct copy of the 10 Permanent Ordinance and the Notice of Public Hearing. 1.1 104. Under California Government Code section 65858(a), the Urgency 12 Ordinance expired by operation of law on February 3, 2023, 45 days after it was 13 adopted. Furthermore, under California Law, the Permanent Ordinance would not take 14 effect until 30 days after the City Council approved it on the second reading. 15 105. Accordingly, on Monday February 6, 2023, Turner resubmitted its Major 16 Commercial Remodel Application (the "Resubmitted Application") for the Main Street 17 Property, which was no longer subject to the CUP requirement in the Urgency 18 Ordinance. 19 106. On February 7, 2023, the City Council held the second reading of the 20 Permanent Ordinance. SOS submitted written comments to the City Clerk, explaining 21 that the public notice for the public hearing and first reading was invalid, requesting that 22 the public hearing on the Permanent Ordinance be reopened, and setting forth the 23 reasons for SOS's opposition to the Permanent Ordinance. A true and correct copy of 24 SOS's written comments is attached hereto as Exhibit D. 27 Complaint of Share Our Selves