Agenda — Lemon Grove City Council, March 1, 2022

City of Lemon Grove
City Council Regular Meeting Agenda
Tuesday, March 1, 2022, 6:00 p.m.

Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
For everyone’s protection, all attendees must maintain a safe social distance and face coverings will be required to attend the meeting City Council
Racquel Vasquez, Mayor
Jerry Jones, Mayor Pro Tem
Jennifer Mendoza, Councilmember
Liana LeBaron, Councilmember
George Gastil, Councilmember
A complete agenda packet is available for review on the City’s website The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency
Call to Order
Pledge of Allegiance
Changes to the Agenda
Presentation(s)
SANDAG – The Plan, Hasan Ikhrata, Chief Executive Officer and Coleen Clementson, Deputy Chief Executive Officer
Public Comment
Digitally submitted public comments received by the City Clerk at [email protected] will not be read out-loud during the meeting. However, they will be provided to the City Council and remain part of the meeting’s records. Per the Lemon Grove Municipal Code Section 2.14.150, live comments are allotted a maximum of three (3) minutes.

Consent Calendar
(Note: The items listed on the Consent Calendar will be enacted in one motion unless removed from the Consent Calendar by Council, staff, or the public.)

1.A Waive Full Text Reading of All Ordinances on the Agenda Reference: Kristen Steinke, City Attorney
Recommendation: Waive the full text reading of all ordinances included in this agenda; Ordinances shall be introduced and adopted by title only.

1.B City of Lemon Grove Payment Demands
Reference: Rod Greek, Interim Administrative Finance Director Recommendation: Ratify Demands
City of Lemon Grove City Council Meeting March 1, 2022
Appeal Hearing

2. Public Hearing to Consider an Appeal of the Community Development Manager’s Decision to approve Minor Use Permit MUP-210-0007, a Request to Establish Early Separation Findings for a Medical Marijuana Dispensary at 8280 Broadway in the Heavy Commercial Zone
Reference: Bill Chopyk, Interim Community Development Manager Recommendation: 1) Conduct the Public Hearing; 2) Receive Public Comment; and 3) Adopt a Resolution denying the appeal or approving the appeal. Denial of the appeal would approve Minor Use Permit (MUP) MUP-210-0007 to establish early separation findings for a medical marijuana dispensary (MMD) pursuant to Municipal Code Chapter 17.32 at 8280 Broadway in the Heavy Commercial (HC) zone. Approval of the appeal would deny Minor Use Permit MUP-210- 0007.

City Council Reports on Meetings Attended at the Expense of the City (GC 53232.3 (d)) (53232.3. (d) states that members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.) City Manager Report
Closed Session:
a. Conference with Legal Counsel - existing litigation (Govt C §54956.9(d)(1)) Shawn Farson and Rosalinda Legge v. City of Lemon Grove (SDSC Case No.: 37- 2020-00029569-CU-OR-CTL)
b. Conference with Legal Counsel – anticipated litigation (Govt C §54956.9(d)(2)-(4)); Adjournment

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO ) SS

CITY OF LEMON GROVE )
I, Audrey Malone, City Clerk of the City of Lemon Grove, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Lemon Grove, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:00 p.m. on February 24, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.lemongrove.ca.gov and at Lemon Grove City Hall, 3232 Main Street Lemon Grove, CA 91945.
/s/: Audrey Malone
Audrey Malone, City Clerk
In compliance with the Americans with Disabilities Act (ADA), the City of Lemon Grove will provide special accommodations for persons who require assistance to access, attend and/or participate in meetings of the City Council. If you require such assistance, please contact the City Clerk at (619) 825-3800 or email [email protected]. A full agenda is available for public review at City Hall.

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.A
Meeting Date: March 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Kristen Steinke, City Attorney
Item Title: Waive the Full Text Reading of all Ordinances Summary: Waive the full text reading of all ordinances included in this agenda.

Ordinances shall be introduced and adopted by title only.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.B
Meeting Date: March 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Rod Greek, Interim Administrative Services Director; [email protected]
Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

City of Lemon Grove Demands Summary
Approved as Submitted:

Yolanda Cerezo, Interim Finance Manager ACH/AP Checks 02/09/22‐02/16/22 293,658.33 For Council Meeting: 03/01/22
Payroll ‐ 02/08/22 119,025.53
Total Demands 412,683.86
CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
ACH Dec29‐Jan25 22 California Public Empl Retirement System 02/09/2022 Pers Retirement 12/29/21‐01/25/22 64,876.53 64,876.53 ACH 12806877 LEAF 02/09/2022 Ricoh C3502 Copier System‐PW Yard ‐ Jan'22 138.27 138.27 ACH 12/22/2022 Wells Fargo 02/10/2022 AT&T ‐ Backup City Hall Internet‐ 11/23/21‐12/22/21 85.60 8,928.87 1/22/2022 AT&T ‐ Backup City Hall Internet‐ 12/23/21‐1/22/22 85.60 4038100884 Canon Solutions ‐ Canon Maintenance‐Copier Usage 8/27/21‐11/26/22 875.34 82111043 Corelogic ‐ Realquest Graphics Package ‐ Nov21 300.00 82113386 Corelogic ‐ Realquest Graphics Package ‐ Dec21 300.00 12/11/2021 Cox ‐ Calsense Modem Line: 2259 Washington 12/11/21‐1/10/22 27.54 12/1/2021 Cox ‐ Calsense Modem Line: 7071 Mt Vernon/Berry St Pk 12/1‐31/21 23.78 12/9/2021 Cox ‐ Calsense Modem Line:8235 Mt Vernon/Berry St Pk 12/9/21‐1/8/22 80.39 12/19/2021 Cox ‐ Phone/PW Yard/2873 Skyline‐ 12/19/21‐1/18/22 212.77 Fax‐CH‐12/18/21 Cox ‐ City Manager Fax Line‐ 12/18/21‐1/17/22 4.34 12/1/2021 Cox ‐ Phone/City Hall 12/1/21‐12/31/21 824.24 11/30/2021 Cox ‐ Internet/Comm Ctr‐ 11/30/21‐12/29/21 111.89 12/30/2021 Cox ‐ Internet/Comm Ctr‐ 12/30/21‐1/29/22 110.39 Fire 12/1/21 Cox ‐ MainPhone/Fire 12/1/21‐12/31/21 440.64 11/27/2021 Cox ‐ City Hall Fire Alarm 11/27/21‐12/26/21 37.08 12/27/2021 Cox ‐ City Hall Fire Alarm 12/27/21‐1/26/22 92.99 11/30/2021 Cox ‐ PEG Circuit Svc‐ 11/30/21‐12/29/21 2,923.23 12/3/2021 Cox ‐ Phone/Internet/Rec Ctr/3131 School Ln‐ 12/4/21‐1/3/22 339.31 200011748 CSMFO ‐ CSMFO Conf Registration/Greek 2/16/22‐2/18/22 470.00 200011807 CSMFO ‐ CSMFO Conf Registration/Cerezo 2/16/22‐2/18/22 470.00 8802 Govt Finance Ofcrs Assn ‐ Cert of Achievement Review Fee FY21 530.00 3105137471 Pitney Bowes ‐ Postage Meter Rental 9/30/21‐12/29/21 178.65 9894239605 Verizon ‐ Modems ‐ Cardiac Monitors ‐ 11/4/21‐12/3/21 42.32 9894951465 Verizon ‐ City Phone Charges‐ 11/13/21‐12/12/21 203.77 9894951466 Verizon ‐ PW Tablets‐ 11/13/21‐12/12/21 151.36 9894951982 Verizon ‐ Mobile Broadband Access‐ 11/13/21‐12/12/21 7.64 ACH Jan22 Wells Fargo 02/10/2022 Credit Card Processing‐Mo.Svc ‐ Jan'22 9.95 918.79 Credit Card Transaction Fees ‐ Jan'22 908.84
ACH Feb8 22 Employment Development Department 02/10/2022 State Taxes 2/8/22 7,806.83 7,806.83 ACH 007960 Aflac 02/10/2022 AFLAC Insurance 2/9/22 1,863.02 1,863.02 ACH Jan22 Wells Fargo 02/11/2022 Bank Service Charge ‐ Jan'22 262.06 262.06 ACH Jan26‐Feb8 22 Calpers Supplemental Income 457 Plan 02/11/2022 457 Plan 1/26/22‐2/8/22 8,352.38 8,352.38 ACH Feb8 22 US Treasury 02/15/2022 Federal Taxes 2/8/22 26,044.36 26,044.36 ACH Jan22 Home Depot Credit Services 02/16/2022 Home Depot Purchases ‐ Jan'22 843.78 843.78 15340 L1072895WB American Messaging 02/09/2022 Pager Replacement Program 2/1/22‐2/28/22 50.46 50.46 15341 17655182 AT&T 02/09/2022 Fire Backup Phone Line‐ 12/22/21‐1/21/22 43.11 43.11 15342 5656817597 AutoZone, Inc. 02/09/2022 High Mileage Motor Oil/Transmission Fluid ‐LGPW#17 '99 Ford F350 67.11 316.47 5656818145 Duralast Battery ‐ LGPW#28 '08 Chevy Colorado 168.97 5656835475 Lightbulbs/Fuel Filter/Grease/Valve Caps/Funnel‐ PW Fleet Supply 80.39 15343 Oct‐Dec 2021 California Building Standards Commission 02/09/2022 BSA Fees: Oct‐Dec'21 149.40 149.40 15344 23955 City of La Mesa 02/09/2022 Household Hazardous Waste Event‐ 12/4/21 1,115.36 1,115.36 15345 1000322336 City of San Diego 02/09/2022 Fuel Services‐PW: Jan'22 2,458.38 2,458.38 15346 02012220560 DAR Contractors 02/09/2022 Animal Disposal‐ Jan'22 174.00 174.00 15347 Oct‐Dec 2021 Department of Conservation 02/09/2022 Qtrly SMIP Fees ‐ Oct‐Dec'21 627.70 627.70 15348 Oct‐Dec 2021 Division of the State Architect 02/09/2022 State CASP Fee ($4) ‐ 10/1/21‐12/31/21 159.20 160.70 State CASP Fee ($1) ‐ 10/1/21‐12/31/21 1.50
15349 1/24‐27/22 Esgil Corporation 02/09/2022 75% Building Fees‐ 1/24/22‐1/27/22 6,299.74 6,299.74 15350 IN295603 Geotab USA, Inc. 02/09/2022 Monthly ProPlus Plan 197.50 197.50 15351 SIN014397 HDL Coren & Cone 02/09/2022 Contract Services Property Tax ‐ Jan ‐ Mar 2022 2,310.49 2,310.49 15352 66228 Horrocks Engineers Inc 02/09/2022 Prof Eng Svcs: FY19/20 Sewer Rehab Proj thru 12/31/21 3,119.00 3,119.00 15353 2/8/22 ICMA 02/09/2022 ICMA Deferred Compensation Pay Period Ending 2/8/22 780.77 780.77 15354 1722 Janazz, LLC SD 02/09/2022 IT Services‐ City Hall‐ Jan'22 2,500.00 2,500.00 15355 641224 League of California Cities 02/09/2022 League Membership Dues for 2022 11,002.00 11,002.00 15356 202201 Lemon Grove Car Wash, Inc. 02/09/2022 Oil Change/Fuel Injection Service/Wash ‐ LGPW#31 '14 Ford Escape 202.22 202.22 15357 5260628 Mallory Safety and Supply, LLC 02/09/2022 Nitrile Gloves 247.83 2,488.15 5260633 Nitrile Gloves/Drivers Gloves 1,450.33
5264959 Nitrile Gloves/Safety Glasses/Earmuffs/Hi‐Vis Vests 709.17 5275219 Masks 80.82
15358 4373558 McNamara Pump and Electric Inc 02/09/2022 Duplex Sewage Pump Stn Svc‐ 6‐Mo Maintenance Svc‐ 6794 Central 285.78 285.78 15359 INV‐000203 Municipal Sewer Tools 02/09/2022 Nozzle Extensions/5 Point Socket ‐ Sanitation 348.26 348.26 15360 3010356754 Parkhouse Tire Inc 02/09/2022 E310 4 Tires & Installation/Fleet Service 1,901.68 1,901.68 15361 PD‐50228 Plumbers Depot Inc 02/09/2022 Sewer Camera‐ Replace 4 Wheels ‐ LGPW#26 1,924.63 1,924.63 15362 32483345 RCP Block & Brick, Inc. 02/09/2022 Bulk Concrete Sand ‐ Fire Stn 265.94 556.44 32497939 Bulk Concrete Sand ‐ Fire Stn 290.50
15363 3568860625/0222 SDG&E 02/09/2022 Electric Usage:St Light 1/1/22‐1/3122 2,091.88 5,149.15 4154920380/0222 Electric Usage:St Light 1/1/22‐1/31/22 3,057.27 15364 115545576‐001 SiteOne Landscape Supply, LLC 02/09/2022 Lifeguard Hat/Rubber Boots/Raingear ‐ PW 111.03 2,640.00 115677240‐001 Playground Mulch ‐ LG Park 2,528.97
15365 506852 South Coast Emergency Vehicle Services 02/09/2022 Replace Oil Cooler/Trans/Lockdown Bracket/Seat Belt/2"PSI ‐ E310 9,299.89 9,299.89 15366 8065053248 Staples Advantage 02/09/2022 Office Supplies & Copy Paper ‐ City Hall 358.45 358.45 15367 121445214‐0001 Sunbelt Rentals Inc. Propane 15.09 588.80 121500332‐0001 Rental ‐ 45' Art Manlift with Jib ‐ Holiday Ornaments 510.35 121685884‐0001 Propane 11.31
121723391‐0001 Propane 8.67
121892248‐0001 Propane 16.22
122047402‐0001 Propane 12.07
122272156‐0001 Propane 15.09
15368 12978 T‐Man Traffic Supply 02/09/2022 Sign Supplies ‐ Streets 616.50 616.50 15369 00114502 The East County Californian 02/09/2022 Notice of Decision ‐ MUP‐210‐0007 1/28/22 217.00 217.00 15370 02/08/22 Van Lant & Fankhanel, LLP 02/09/2022 FY2021 Audit & Related Reports‐ Final Billing 18,500.00 18,500.00 15371 11‐1559293 Vortex Industries, Inc. 02/09/2022 Repair Bay Door ‐ Fire Station 940.00 2,290.00 11‐1564805 Repair Bay Door #1 ‐ Fire Station 1,350.00
15372 73172126 Vulcan Materials Company 02/09/2022 Asphalt 112.87 1,637.96 73172127 Asphalt 158.93
73175180 Asphalt/SS1H 4.5 Gallon Bucket 166.74
73177791 Asphalt 114.92
73177792 Asphalt 112.87
73181662 Asphalt 163.03
73184524 Asphalt/SS1H 4.5 Gallon Bucket 217.92
73184525 Asphalt/SS1H 4.5 Gallon Bucket 213.83
73191391 Asphalt/SS1H 4.5 Gallon Bucket 214.85
73191392 Asphalt 162.00
15373 0001475105‐IN WEX Health, Inc. 02/09/2022 COBRA ‐ Monthly/Jan'22 85.00 85.00 15374 14VH‐KPHW‐4MJQ Amazon Capital Services, Inc. 02/16/2022 16GB USB Flash Drive 28.74 28.74 15375 14067 Balestreri, Potocki & Holmes 02/16/2022 Legal Svcs; File 1019‐224 ‐ thru 12.31.21 28,110.55 28,110.55 15376 Mar 2022 California Dental Network Inc 02/16/2022 California Dental Insurance ‐Mar'22 168.33 168.33 15377 0000016076 Overtime Reimbursement ‐ Hays 1/26/22 02/16/2022 Overtime Reimbursement ‐ Hays 1/26/22 1,319.28 3,830.70 0000016076 Overtime Reimbursement ‐ Lopez 1/27/22 1,255.71 0000016076 Overtime Reimbursement ‐ Wrisley 1/22/22 1,255.71 15378 299 CityPlace Planning, Inc. 02/16/2022 Prof Svcs: Density Bonus Ordinance/ARDU Ordinance 2,875.00 2,875.00 15379 22CTOFLGN07 County of San Diego‐ RCS 02/16/2022 800 MHZ Network ‐ Jan'22 2,251.50 2,251.50 15380 6809 D‐ Max Engineering Inc 02/16/2022 2135 Washington TPM‐0194 8/1/21‐8/30/21 971.50 7,396.20 7080 D‐Max Stormwater Prof Svcs 1/1/22‐1/31/22 6,424.70 15381 OSIP 69153 Department of Industrial Relations 02/16/2022 Workers Comp Admin Assessment 7/1/21‐6/30/22 990.44 990.44 15382 AR011897 Grossmont Union High School District 02/16/2022 Business Cards 51.00 51.00 15383 1165303 Life‐Assist, Inc. 02/16/2022 Nitrile Exam Gloves 617.03 617.03 15384 909 Local Government Consultants, LLC 02/16/2022 State Mandated Cost Svc‐FY21‐22 Claims Prep 1,600.00 1,600.00 15385 1138210 Michael Baker International 02/16/2022 Prof Eng Svcs: FY18/19 Sewer CIP Rehab Proj Design thru 12/31/21 7,896.00 7,896.00 15386 166043Ret MJC Construction 02/16/2022 Retention ‐ Demolition of 121 LF of Sound Wall ‐ Pub Works Yard 4,501.20 8,226.00 166057Ret Retention ‐ Installation of Concrete Sidewalk‐Berry St Pk Phase2 3,724.80 15387 74265476 Occupational Health Centers of CA, A Medical Cor 02/16/2022 Medical Exam ‐ 1/26/22 149.00 149.00 15388 INV‐15‐119422 Paymentus Group Inc. 02/16/2022 Transaction Fees ‐ Jan'22 9.95 9.95 15389 3197 PIC Plumbing Services Inc 02/16/2022 Installation of Water Fountain/Bottle Filler ‐ Rec Ctr 2,195.00 2,195.00 15390 2551 Prestige Doors Inc 02/16/2022 Repair Exit Doors ‐ Rec Ctr Gym 295.00 295.00 15391 TM INV‐004959 SBRK Finance Holdings, Inc. 02/16/2022 Prof Svcs: Financial Software Proj Mgmt thru 1/30/22 268.50 268.50 15392 Jan22 SDG&E 02/16/2022 Gas & Electric 12/22/21‐1/21/22 25,607.15 25,607.15 15393 115831386‐001 SiteOne Landscape Supply, LLC 02/16/2022 Herbicide/Roundup Promax/Speedzone 365.98 598.36 115831386‐001 E‐Z Reachers/Burlap Totes/Gardner Benders Electrical Tape 232.38 15394 561040 State of California‐ Department of Justice 02/16/2022 Fingerprint Apps ‐ Jan'22 64.00 64.00 293,658.33 293,658.33
MUP-210-0007
March 1, 2022
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 2.

Meeting Date: March 1, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Department
Staff Contact: Bill Chopyk, Interim Community Development Manager; [email protected]
Item Title: Public Hearing to Consider an Appeal of the Community Development Manager’s Decision to approve Minor Use
Permit MUP-210-0007, a Request to Establish Early
Separation Findings for a Medical Marijuana Dispensary
at 8280 Broadway in the Heavy Commercial Zone
Recommended Action:
1) Conduct the Public Hearing;
2) Receive Public Comment; and
3) Adopt a Resolution denying the appeal (Attachment A) or approving the appeal (Attachment B). Denial of the appeal would approve Minor Use Permit (MUP) MUP-210-0007 to establish early separation findings for a medical marijuana dispensary (MMD) pursuant to Municipal Code Chapter 17.32 at 8280 Broadway in the Heavy Commercial (HC) zone. Approval of the appeal would deny Minor Use Permit MUP-210-0007.

Summary:

The Applicant, Pick Axe Holdings LLC, submitted its first MUP application for early separation findings on August 21, 2019. On November 4, 2019 the City approved the first MUP with an expiration date of November 4, 2020. The Applicant submitted its second MUP application on November 4, 2020 for early separation findings, and a Conditional Use Permit (CUP) application on November 30, 2020 to operate a MMD at 8280 Broadway. The City provided three incomplete notices on the Applicant’s CUP application on 12-23-20, 12-21-21 and 1-20-22.

MUP-210-0007
March 1, 2022
Page | 2
On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The applicant reapplied for the MUP on November 16, 2021 prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP-210-0007.

An appeal of the CDM Decision to approve Minor Use Permit MUP-210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on February 1, 2022. The Appellants also filed a Conditional Use Permit (CUP) application for a proposed MMD at 8290 Broadway on December 9, 2021. The proposed MMD at 8290 Broadway is located directly southwest and adjacent to Applicant’s property at 8280 Broadway.

This is a request to establish early separation findings for a proposed MMD at 8280 Broadway in the HC zone. Municipal Code Section 17.32.090 B.1. requires a minimum distance of 1,000 feet of any other regulated use. The operation of the subject MMD is not authorized through this MUP. The proposed MMD use requires an application for a CUP and a public hearing by the City Council to grant approval of a CUP to operate a MMD.

Discussion:

Municipal Code Chapter 17.32 allows MMDs via a CUP application in commercial and industrial zoning districts. To be eligible, proposed MMD sites must be separated by 1,000 feet from the regulated and protected uses described in Municipal Code Section

17.32.090 B.1., including MMDs, parks, playgrounds, licensed daycare facilities, schools and alcohol and substance abuse treatment centers.

Municipal Code Section 17.28.020 O. states: “Early Separation Findings. Separation findings required as a part of any permit described in this chapter may be made early, prior to application materials being submitted and prior to a decision by the development services director, planning commission and/or city council with a minor use permit application for the sole purpose of finding that the application meets or does not meet the required separation requirements. Land uses or land use applications initiated after the filing of an early separation finding application would not be grounds for denial of the permit. Should land use changes or land use applications which would conflict with an early separation finding determination be established or filed in advance of an application for an early separation finding, the land use would be considered as grounds for denial of the early separation finding permit.”
MUP-210-0007
March 1, 2022
Page | 3
Required Findings:

Municipal Code Section 17.28.052 C. requires the following findings to be made to approve a MUP:

1. The use is compatible with the neighborhood or the community;

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

3. The use complies with performance standards according to Section 17.24.080;

4. The use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

In addition to the findings required for the granting of a MUP by Section 17.28.052 C., the decision making authority shall consider the following:

A. Whether the approval of the proposed use will violate the minimum requirements set forth in this chapter for distance separations between establishments which dispense, process or cultivate cannabis; and separations between establishments which dispense, process or cultivate cannabis and other specific regulated or protected land uses as set forth in this chapter.

B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016)
Findings made by staff
The CDM decision is based on the following findings and determinations:

1. The use is compatible with the neighborhood or the community.

No use is authorized with this MUP application submitted pursuant to

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with all applicable provisions of the Municipal Code and will be subject to site specific conditions of approval to ensure the use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity to the greatest extent practicable. Environmental impacts associated with the project will MUP-210-0007
March 1, 2022
Page | 4
be assessed and mitigated, if necessary, pursuant to the California Environmental Quality Act (CEQA) review of the CUP application.

3. The use complies with performance standards according to Section 17.24.080.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable performance standards in Section 17.24.080 of the Municipal Code, including, but not limited to: noise, glare, traffic circulation and parking, waste, and fire hazards.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable provisions of the particular zoning district and with policies and standards of the general plan.

5. A. Whether the approval of the proposed use will violate the minimum requirements set forth in this chapter for distance separations between establishments which dispense, process or cultivate cannabis; and separations between establishments which dispense, process or cultivate cannabis and other specific regulated or protected land uses as set forth in this chapter.

The proposed location for a MMD at 8280 Broadway would not violate the minimum distance separations between MMD establishments and other protected uses because approval of this MUP would establish early separation findings at this location. The property at 8280 Broadway is approximately 5,894 feet from the nearest operating, or conditionally permitted, or proposed regulated use at 3515 Harris Street. Staff found no evidence of any protected uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC, within 1,000 feet. Furthermore, the nearest protected use is approximately 1,065 feet from the proposed dispensary site when taking into account natural topographical barriers.

MUP-210-0007
March 1, 2022
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5. B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016).

No use is authorized with this MUP application. The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with Title 17 of the Municipal Code. A MMD at 8280 Broadway could be established in compliance with Title 17 of the Municipal Code with approval of a CUP.

Conclusion:

The City Council must make the MUP findings as stated above in order to approve or deny the appeal. The Council may deny the appeal and approve MUP-210-0007. Alternately, the Council may approve the appeal and deny MUP-210-0007.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration The MUP is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed MUP for Early Separation Findings is not subject to Environmental Review under CEQA because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines.

Fiscal Impact:

No fiscal impact.

Public Notification: Notice of Public Hearing for this item was given in accordance with Municipal Code Section 17.28.020(F) on February 18, 2022. The City of Lemon Grove did not receive any comments in response to the Notice of Public Hearing. Staff will provide the City Council with any comments received after publication of the Staff Report.

Staff Recommendation:
1) Conduct the public hearing;
2) Receive Public Comment; and
4) Adopt a Resolution denying the appeal (Attachment A) or approving the appeal (Attachment B). Denial of the appeal would approve MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway in the HC zone. Approval of the appeal would deny Minor Use Permit MUP-210-0007.

MUP-210-0007
March 1, 2022
Page | 6
Attachments:

Attachment A – Draft Resolution Denying the Appeal
Attachment B – Draft Resolution Approving the Appeal
Attachment A
MUP-210-0007
March 1, 2022
Page | 7
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT MANAGER DECISION TO APPROVE MINOR USE PERMIT MUP-210-0007

FOR EARLY SEPARATION FINDINGS IN ACCORDANCE WITH SECTION

17.28.020(O) FOR A PROPOSED MEDICAL MARIJUANA DISPENSARY AT 8280 BROADWAY, LEMON GROVE, CALIFORNIA.

WHEREAS, the California voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS, the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, in 2003 to help clarify and further implement Proposition 215 in part by authorizing patients and Primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS, the California State Legislature adopted Assembly Bill 243, Assembly Bill 266, and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act, in 2015 to establish a statewide regulatory framework and establish the Bureau of Medical Marijuana Regulation for the regulation of medical marijuana activity occurring in jurisdictions across California; and WHEREAS, on November 8, 2016, voters in the City of Lemon Grove passed Measure V, an initiative removing the City's prohibition of medical marijuana dispensaries and establishing performance standards and a permit process by which medical marijuana dispensaries (MMDs) may be established which is codified as Chapter 17.32 in the Lemon Grove Municipal Code (LGMC); and WHEREAS, LGMC Section 17.32.090(B) establishes the distance requirements between dispensaries (including MMDs) as a regulated use and protected land uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC; and Attachment A
MUP-210-0007
March 1, 2022
Page | 8
WHEREAS, the Applicant, Pick Axe Holdings LLC, submitted a Minor Use Permit application on November 4, 2020 for early separation findings, and a Conditional Use Permit application on November 30, 2020 to operate a MMD at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP-210-0007; and
WHEREAS, an appeal of the CDM Decision to approve Minor Use Permit MUP210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on February 1, 2022; and
WHEREAS, Notice of the Public Hearing was given in compliance with LGMC Section 17.28.020(F). On February 18, 2022, the Notice of Public Hearing for MUP-210- 0007 was published in the East County Californian and mailed to all property owners within 1,000 feet of the subject property. Staff confirmed the presence of the required on-site public notice sign on February 18, 2022; and
WHEREAS, on March 1, 2022, City Council held a duly noticed public hearing to consider and appeal of the CDM decision to approve Minor Use Permit application MUP-210-0007; and
WHEREAS, all findings outlined in LGMC 17.28.050(C) and 17.32.080 must be made in order for the City Council to deny the appeal and approve the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, if all findings outlined in LGMC 17.28.050(C) and 17.32.080 cannot be made then the City Council must approve the appeal and deny the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, the City Council determined that all of the findings outlined in LGMC Section 17.28.052(C) and 17.38.080 can be made and provided its reasoning as follows:

Attachment A
MUP-210-0007
March 1, 2022
Page | 9

1. The use is compatible with the neighborhood or the community.

No use is authorized with this MUP application submitted pursuant to

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with all applicable provisions of the Municipal Code and will be subject to site specific conditions of approval to ensure the use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity to the greatest extent practicable. Environmental impacts associated with the project will be assessed and mitigated, if necessary, pursuant to the California Environmental Quality Act (CEQA) review of the CUP application.

3. The use complies with performance standards according to Section 17.24.080.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval of which requires the applicant to demonstrate compliance with applicable performance standards in Section 17.24.080 of the Municipal Code, including, but not limited to:
noise, glare, traffic circulation and parking, waste, and fire hazards.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

No use is authorized with this MUP application submitted pursuant to

17.28.020(O). The proposed use as a MMD requires application for a CUP, the approval Attachment A
MUP-210-0007
March 1, 2022
Page | 10
of which requires the applicant to demonstrate compliance with applicable provisions of the particular zoning district and with policies and standards of the general plan.

The property at 8280 Broadway is approximately 5,894 feet from the nearest operating, or conditionally permitted, or proposed regulated use at 3515 Harris Street.

Staff found no evidence of any protected uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC, within 1,000 feet. Furthermore, the nearest protected use is approximately 1,065 feet from the proposed dispensary site when taking into account natural topographical barriers.

5. B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code. (Ord. 458 § 2, 2021; Ord. 443 § 1, 2016).

WHEREAS, the minor use permit is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed minor use permit for Early Separation Findings is not subject to Environmental Review under the California Environmental Quality Act (CEQA) because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines; and
Attachment A
MUP-210-0007
March 1, 2022
Page | 11

NOW, THEREFORE, INCORPORATING THE ABOVE STATEMENTS

HEREIN AND BASED ON THE RECORD OF THE PROCEEDING, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby denies the appeal of the Community Development Manager’s decision to approve Minor Use Permit MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway, thereby approving Minor Use Permit MUP-210-0007, based on the findings above.

PASSED AND ADOPTED on ______, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
MUP-210-0007
March 1, 2022
Page | 12
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, APPROVING AN APPEAL OF THE COMMUNITY

DEVELOPMENT MANAGER DECISION TO APPROVE MINOR USE PERMIT MUP-210-0007 FOR EARLY SEPARATION FINDINGS IN ACCORDANCE WITH SECTION 17.28.020(O) FOR A PROPOSED MEDICAL MARIJUANA
DISPENSARY AT 8280 BROADWAY, LEMON GROVE, CALIFORNIA.

WHEREAS, the California voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS, the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, in 2003 to help clarify and further implement Proposition 215 in part by authorizing patients and Primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS, the California State Legislature adopted Assembly Bill 243, Assembly Bill 266, and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act, in 2015 to establish a statewide regulatory framework and establish the Bureau of Medical Marijuana Regulation for the regulation of medical marijuana activity occurring in jurisdictions across California; and WHEREAS, on November 8, 2016, voters in the City of Lemon Grove passed Measure V, an initiative removing the City's prohibition of medical marijuana dispensaries and establishing performance standards and a permit process by which medical marijuana dispensaries (MMDs) may be established which is codified as Chapter 17.32 in the Lemon Grove Municipal Code (LGMC); and WHEREAS, LGMC Section 17.32.090(B) establishes the distance requirements between dispensaries (including MMDs) as a regulated use and protected land uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC; and MUP-210-0007
March 1, 2022
Page | 13
WHEREAS, the Applicant, Pick Axe Holdings LLC, submitted a Minor Use Permit application on November 4, 2020 for early separation findings, and a Conditional Use Permit application on November 30, 2020 to operate a MMD at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP-210-0007; and
WHEREAS, an appeal of the CDM Decision to approve Minor Use Permit MUP210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on February 1, 2022; and
WHEREAS, Notice of the Public Hearing was given in compliance with LGMC Section 17.28.020(F). On February 18, 2022, the Notice of Public Hearing for MUP-210- 0007 was published in the East County Californian and mailed to all property owners within 1,000 feet of the subject property. Staff confirmed the presence of the required on-site public notice sign on February 18, 2022; and
WHEREAS, on March 1, 2022, City Council held a duly noticed public hearing to consider and appeal of the CDM decision to approve Minor Use Permit application MUP-210-0007; and
WHEREAS, all findings outlined in LGMC 17.28.050(C) and 17.32.080 must be made in order for the City Council to deny the appeal and approve the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, if all findings outlined in LGMC 17.28.050(C) and 17.32.080 cannot be made then the City Council must approve the appeal and deny the request for a Minor Use Permit for Early Separation Findings; and
WHEREAS, the City Council determined that the findings outlined in LGMC Section 17.28.050(C)(1) and (2) could not be made as follows:

1. The use is not compatible with the neighborhood or the community; MUP-210-0007
March 1, 2022
Page | 14

2. The use is detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;
WHEREAS, the remaining findings identified in LGMC 17.28.050(C)(3) and (4) were not addressed by the City Council since the findings in LGMC 17.28.050(C)(1) and (2) could not be made, which has the result of requiring a denial of the MUP for early separation findings; and
WHEREAS, the findings identified in LGMC 17.32.080(A) and (B) were not addressed by the City Council since the findings in LGMC 17.28.050(C)(1) and (2) could not be made, which has the result of requiring a denial of the MUP for early separation findings; and
WHEREAS, the minor use permit is proposed for the sole purpose of determining if a MMD at 8280 Broadway meets separation distance requirements. The proposed minor use permit for Early Separation Findings is not subject to Environmental Review under the California Environmental Quality Act (CEQA) because it does not constitute a project as defined by Section 15378 of the CEQA Guidelines; and

NOW, THEREFORE, INCORPORATING THE ABOVE STATEMENTS

HEREIN AND BASED ON THE RECORD OF THE PROCEEDING, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, approves the appeal of the Community Development Manager’s decision to approve Minor Use Permit MUP-210-0007 to establish early separation findings for a MMD at 8280 Broadway, thereby denying Minor Use Permit MUP-210-0007, based on the findings above.

MUP-210-0007
March 1, 2022
Page | 15
PASSED AND ADOPTED on ______, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney

AUSTIN LEGAL GROUP

LAWYERS
3990 OLD TOWN AVE, STE A-101
SAN DIEGO, CA 92110

LICENSED IN

CALIFORNIA, ARIZONA & HAWAII

TELEPHONE
(619) 924-9600

FACSIMILE
(619) 881-0045 Writer’s Email:
[email protected]
February 22, 2022

City Council VIA EMAIL
City of Lemon Grove
3232 Main Street,
Lemon Grove, CA 91945
RE: March 1, 2022 City Council Meeting Agenda Item - MUP-210-0007; Appeal of Request for Early Separation Findings for MMD CUP at 8280 Broadway Dear City Council:

Austin Legal Group represents the appellants, Rita Hirmez and Sabah Toma (“Appellants”), with respect to this appeal of the City of Lemon Grove’s tentative decision to approve Pick Axe Holdings LLC’s (“Pick Axe”) third minor use permit application for early separation findings for its proposed medical marijuana dispensary at 8280 Broadway, Lemon Grove, CA 91945 (“8280 Broadway MMD” or “Project”).

As detailed below, MUP-210-0007 cannot be approved for the following reasons: (1) the required early separation findings cannot be made and (2) Pick Axe has and will continue to act in bad faith with respect to its improper and unilateral delays of this Project. In light of this, Appellants respectfully requests that the City Council grant the appeal and deny MUP-210-0007. This letter is expressly intended to be a part of the administrative record.

BACKGROUND
Pick Axe has unilaterally delayed this Project for approximately 2 years and 4 months. To the best of our office’s knowledge, the following demonstrates the processing timeline for the 8280 Broadway MMD project.

In or about October 2019, Pick Axe submitted its first request for early separation findings for the 8280 Broadway MMD (“First MUP”). On November 4, 2019, the City approved the First MUP with an expiration date of November 4, 2020. The City’s applicable notice of decision provided that:

Any conflicting land use, or land use application, that commences between November 4, 2019 and November 4, 2020 will not be grounds to disqualify a MMD CUP application at this address.

On November 4, 2020, the Pick Axe had yet to submit a conditional use permit application to the City. A few weeks later, on November 30, 2020, Pick Axe submitted a conditional use permit application to the City which was significantly incomplete (“MMD CUP”). On December 23, 2020, the City provided a notice City Council
February 22, 2022

Page 2 ends

of incomplete letter to Pick Axe stating that Pick Axe failed to provide the required materials needed for the City to review the application.

In or about December 2020, Pick Axe submitted its second request for early separation findings for the 8280 Broadway MMD (“Second MUP”). On January 13, 2021, the City approved the Second MUP with an expiration date of January 13, 2022. Again, the City’s notice of decision provided that:

Any conflicting land use, or land use application, that commences between January 13, 2021 and January 13, 2022 will not be grounds to disqualify a MMD CUP application at this address.

On or about November 16, 2021, Pick Axe submitted its third request for early separation findings for the 8280 Broadway MMD (“Third Request”). At this time, Pick Axe had not provided any additional materials to the City with respect to its MMD CUP application originally submitted on November 30, 2020 and had in fact not bothered to respond to the City’s December 23, 2020 Notice of Incomplete. The Lemon Grove Municipal Code (“LGMC”) 17.28.020(j)(1) provides that a CUP application shall expire after a continuous 12-month period of inactivity. In an attempt to game the system, Pick Axe submitted plans on November 22, 2021 (6 days short of the one-year mark) but failed to include the other required materials identified in the December 23, 2020 Notice of Incomplete. Due to Pick Axe’s lack of substantial activity toward submitting a complete application package, Pick Axe’s CUP application was set to expire on November 30, 2021.

On December 9, 2021, Appellants submitted a conditional use permit application for a cannabis dispensary to be located at 8290 Broadway. The Appellants’ CUP application was deemed complete on January 9, 2022.

On January 27, 2022, the City distributed its tentative notice of decision to approve Pick Axe’s Third MUP. On February 1, 2022, the Appellants timely filed an appeal. At this time, the Pick Axe’s MMD CUP application is still not deemed complete.

DISCUSSION
A. THE REQUIRED FINDINGS FOR THIS MUP APPLICATION CANNOT BE MADE.

1. The Early Separation Findings Are Not A Use.

Section 17.28.020(O) of the (“LGMC”) regulates an applicant’s request for early separation findings. If an applicant wishes to obtain early separation findings, the applicant must use a minor use permit application “for the sole purpose of finding that the application meets or does not meet the required separation requirements.” Section 17.28.020(O) precludes the City from applying the generic minor use permit findings listed in LGMC section 17.28.052(C)(1)-(4) by including the language “for the sole purpose of finding that the application meets or does not meet the required separation requirements.”
Even without the aforementioned prohibitive language, it would be nonsensical to review early separation requirements based upon LGMC section 17.28.052 (C) because those findings require the City to evaluate the compatibility of a “use.”1 LGMC section 17.08.030 defines “use” as “the purpose for which

1 LGMC section 17.28.052(C) requires the following findings: (i) the use is compatible with the neighborhood or the community, (ii) the use is not detrimental to the health, safety, convenience or general welfare of persons residing or City Council
February 22, 2022

Page 3 ends

land or a building or structure is arranged, designed, or intended to be used, or for which it is or may be used, occupied or maintained.” Early separation findings by their very nature are not a “use”. The City is not evaluating whether or not the MMD “use” is appropriate with the early separation findings. Rather, it is certifying that there are not any regulated or protected uses within 1000’ at the time of application. This allows an applicant to have one year to diligently process its application without a daycare popping up at the last minute that would prohibit the location of the MMD. In light of this, the City must look solely to the proposed project’s compliance with the City’s separation requirements in making the early determination findings.

2. A cannabis dispensary at 8280 Broadway does not meet the required separation requirements provided in Section 17.32.090(B).

Notwithstanding the above, the City cannot make the determination that a cannabis dispensary at 8280 Broadway would meet the required separation requirements. The Appellants submitted a conditional use permit application for a cannabis dispensary at 8280 Broadway on December 9, 2021. Pick Axe’s Second MUP expired on January 13, 2022.

On January 27, 2022, the City distributed its tentative notice of decision to approve Pick Axe’s Third MUP the notice of decision stated that the decision would become final on February 7th, 2022 if no public hearing was requested. Therefore, between January 13, 2022 and at a minimum January 27, 2022, Pick Axe did not have the benefit of early separation findings. If the City were to approve this Third MUP at the March 1, 2022 City Council hearing, the notice of decision would provide that: “Any conflicting land use, or land use application, that commences between March 1, 2022 and March 1, 2023 will not be grounds to disqualify a MMD CUP application at this address.”
Due to: (1) the expiration of the Pick Axe’s Second MUP on January 13, 2022, and (2) Appellants’ CUP application being submitted in January 2022 (prior to March 1, 2022), the City cannot approve Pick Axe’s MUP.

B. PICK AXE HAS MANIPULATED THE CITY’S PERMITTING PROCESS IN BAD FAITH.

Pick Axe has manipulated the City’s permitting system for over 2 years and will continue to do so.

Pick Axe’s conduct has prevented other cannabis applicants from applying and developing in the area limiting the City’s opportunity for commercial and neighborhood revitalization. Pick Axe’s bad faith can be demonstrated by the following acts:

1. Pick Axe submitted its first request for early separation findings for the 8280 Broadway MMD in or around October 2019. Pick Axe did not submit any conditional use permit application materials until November 30, 2020 more than one year from its First MUP request.

2. Once Pick Axe did submit a conditional use permit application, the application failed to include a majority of the application’s submittal requirements.

3. Once the City told Pick Axe of all its missing CUP application materials, Pick Axe waited until one week from the expiration of its CUP application to submit plans for the Project. Moreover, this last-minute submittal still excluded many required application materials.

working in the vicinity; (iii) the use complies with performance standards according to Section 17.24.080; and (iv) the use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

City Council
February 22, 2022

Page 4 ends

4. Pick Axe has submitted three requests for early separation findings and Pick Axe’s CUP application is still not deemed complete.

Finally, it is not possible for Pick Axe to timely utilize its conditional use permit even if it were to be granted. The current property owner of 8280 Broadway is in a lease agreement for approximately three more years with the tow yard. Neither the property owner nor the tenant intend to breach the lease. LGMC section 17.28.020(J)(2)(b) states that a conditional use permit shall expires after twelve months postapproval unless construction or the use has commenced. Pick Axe will not meet this deadline further delaying any development opportunity in the area.

CONCLUSION
As demonstrated above, MUP-210-0007 cannot be approved because: (1) the required early separation findings cannot be made and (2) Pick Axe has and will continue to act in bad faith with respect to its improper and unilateral delays of this Project.

In light of this, the Appellants respectfully request that the City Council grant the appeal and deny MUP-210-0007.

Sincerely,

AUSTIN LEGAL GROUP, APC
Gina M. Austin, Esq.
cc: City Attorney
Interim Community Development Director

Lemon Grove City CouncilMarch 1, 2022

Lemon Grove City Council
March 1, 2022