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County says state emergency law lets it place shelters on Caltrans land without city permits
Summary
County staff told Lemon Grove officials the proposed tiny‑cabin site on Caltrans property can move forward under state shelter emergency provisions and does not require city building or zoning approvals. Residents pressed for more oversight and city‑level remedies.
County staff told the council the project’s legal basis is California’s shelter emergency authority and a county declaration of a shelter emergency, which staff said removes local permitting requirements for the county‑run facility on state property. Staff referenced the county staff report (dated 07/16/2024) and told the council the county can build and operate a shelter on the Caltrans parcel without consulting the city or complying with city building and zoning ordinances.
That legal framing prompted several residents and a former council member to ask what remedies the city still has. Former council member Leanna LeBaron urged the council to use its majority to pass a resolution opposing the county site choice and to consider legal action against the county. City officials and staff said they would take resident suggestions to county staff and promised continued negotiation but also acknowledged limits on city authority when the county invokes state emergency powers.
"The county can build and operate a memorial free shelter at the Story Street property, which is owned by Caltrans without having to consult with the city or otherwise comply with any city building or zoning ordinances," a county speaker said while summarizing the legal basis. The council did not vote on a formal city response at the meeting but staff said options would be discussed at future council sessions.
