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Case 8:23-cv-00504 Document I Filed 03/20/23 Page 29 of 45 Page 1D #:29 <br /> 1 112. A charter city cannot use provisions in its charter to override state statutes <br /> 2 that expressly apply to charter cities. Accordingly, the City Attorney's indefensible <br /> 3 refusal to abide by California law is evidence of the malicious and discriminatory intent <br /> 4 that the City bears towards SOS and its homeless and impoverished clientele. <br /> 5 113. On March 15, 2023, the City again sent an e-mail addressing the status of <br /> 6 Turner's Resubmitted Application, confirming that the Application has been closed and <br /> 7 that a new application for a CUP would be required instead. A true and correct copy of <br /> 8 the City's March 15, 2023 e-mail is attached hereto as Exhibit G. <br /> 9 F. The City's Actions Cause Turner And SOS To Lose The Right To <br /> 10 Purchase The Main Street Property. <br /> 11 114. As a result of the City's adoption of the Permanent Ordinance, and its <br /> 12 refusal to process Turner's Resubmitted Application following the expiration of the <br /> 13 Urgency Ordinance, the Seller of the Main Street Property refused to extend the <br /> 14 Inspection Period under the PSA any further, and the PSA was terminated. <br /> 15 115, The Main Street Property is still on the market, and SOS and Turner could <br /> 16 potentially enter into a new contract to purchase the Property if their rights to develop a <br /> 17 medical office without the burdensome and impracticable requirement for applying for a <br /> 18 CUP were affirmed in this Action. <br /> 19 G. The CUP Process Is Futile And Unreasonably Burdensome. <br /> 20 116. Applying for a CUP to develop a medical office in the P district would be a <br /> 21 fatile, because the City Council is biased against SOS and its low income, homeless, and <br /> 22 Latina clientele, and will discriminate against them by refusing to grant such a permit. <br /> 23 117. Moreover, Turner's funding of the purchase depends on its ability to lease <br /> 24 the space to SOS in accordance with its corporate purpose. Unfortunately, the Seller is <br /> 29 <br /> Complaint of Share Our Selves <br />