RES-2016-098RESOLUTION NO. 2016-0 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING ASIDE RESOLUTION 2012-055, WHICH
APPROVED CONDITIONAL USE PERMIT NO. 2011-05573
AND VARIANCE NO. 2011-04870.
(DEV2011-00092)
WHEREAS, the City of Anaheim has undertaken a public works project entitled the
Gene Autry Way (West) / I-5 HOV Interchange Project ("Project") ; and
WHEREAS, as part of that Project, the City constructed a surface parking lot on some
22,700 square feet of property owned by the City and located immediately adjacent to the Gene
Autry Way overpass, in an effort to attempt to mitigate impacts to loss of parking for adjacent
property; and
WHEREAS, in conjunction with that Project feature, the City, on June 5, 2012, passed
Resolution 2012-055, approving Conditional Use Permit No. 2011-05573 and Variance No.
2011-0470, relating to the surface parking improvements constructed; and
WHEREAS, the Conditional Use Permit and Variance enacted by Resolution 2012-055
resulted in litigation filed October 30, 2012, entitled HPT IHG-2 Properties Trust, etc., et al. v.
City of Anaheim, etc., et al., Orange County Superior Court Case No. 30-2012-00608509-CU-
PT-CJC, which challenged the passage of the Conditional Use Permit and the Variance, and
sought a peremptory writ of mandate ordering the City to set such approvals aside; and
WHEREAS, the requested writ, a copy of which is attached hereto as Exhibit A, was
granted by the trial court on or about the 21St day of January 2014; and
WHEREAS, the City appealed the judgment granting the writ to the 4th District Court of
Appeal, Division 3, in Case No. G049695; and
WHEREAS, the Court of Appeal upheld the issuance of the writ and remitted the matter
back to the trial court; and
WHEREAS, on May 31, 2016, the trial court ordered the City to file a return to the writ
on or before June 30, 2016; and
WHEREAS, the City of Anaheim now wishes to comply with the peremptory writ of
mandate originally issued by the trial court and upheld by the Court of Appeal, and set aside
Resolution 2012-055.
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NOW, THEREFORE, BE IT RESOLVED, in consideration of all the foregoing the
City Council of the City of Anaheim does hereby resolve as follows:
1. As ordered in the "Peremptory Writ of Mandate" dated January 21, 2014,
Resolution No. 2012-055, is hereby immediately set aside and vacated, as are
Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870, originally
approved in Resolution No. 2012-055.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 21 stday of June , 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray,
Brandman, and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT A
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s txecrraauCat.tr�n atCcrvrn
Ldp ft' Cwn Of Cm"*'"
ti iN"Q61 3 V V 1417, M4
7 PP lAU\ ,Hly liwtM
8 SUPERIOR COURT OF CAI.IFOR.NIA
9 COUNTY OF ORANGE
t0
HPT IHG-2 PROPERTIES TRUST. a Cane No. 30.2012-OWS509-CU-PT-CJC
11 lortd real striate investment St. DIG
� 0Eh! ; MARYI ANi), F awd PBRENPTO§ty Vol=
12F M111yDA P
Petitionam and PtaintiM. +
13 W f Judge: Hon. Steven L. Perk
tm
14 CITY OF ANAIlF.IM, a mtct [}rpt: CX 102
i 5 OF
c �p��i C COUCIL THF CITY tate; tku*w 4, 2013
�►�1�.thebody of the
l fi City of Anaheim; ES 1 V 20.
Trust tete: September 19, 2013
17 Rtssporsde= and Defendants
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19 TO ReSPaodems CITY OF AINAHELM and CITY COLNCIL OF THE CITY OF
20 ANAHEIM.
21
WImem Peu wners saved and filed herein their duly verified Petition for Writ of
22 Mandell and a hung was held on September 19, 2013;
23 Wlereas it appears to this Court that Petid Ors have no other plain, speedy. and
24 adequate rcme6 in the ordutary course of law,
23 Whereas the Court has detemined the CITY OF ANAHEIM arta CITY COUNCIL OF
26 THE CITY OF ANAHEIM have acted in excess of their jurisdletion and arbhnrily and
27 caprxiously sad have prejudicially abused their discretion In adopting Resolution 2012-055
29 approving CLF/Variance 5573!4970;
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z
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EXHIBIT A
Therclb e, CITY OF ANAHEIM and CrrY COUNCIL OF ANABEIM are hereby
o wananded to set Wdc Resolution 2012-4155 no later than sixty (60) days after service of this
Peremptory Writ afMandat?e on Respondents.
CI 'Y OF ANAHEIM and CITY COUNCIL OF THE COPY OF ANAHEIM we fmthcr
commandcd to make and file a return to this writ no later than sixty (60) days fimn the deter a
copy of this writ is served on CITY OF ANAHEIM and CITY COUNCIL OF THE CITY OF
ANAHEIM showing compliance with this writ. Respmdents shall. serve such return on
PatitioncTs no latcrr than the tuna of fling.
Witness, the Honorable Steven L, ftrk, fudge ofthe Superior Court ofthe State of
California.
Attest my hand and the seal of this Court this Aay of 1 .
a*i #^K EM. 0FF1
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Clerk '+ 1
Hy .I
Depuly erlc KGA QUACH
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EXHIBIT A
PROOF OF SERVICE
I am employed in the County of O.tdrtge, State of California, I ares over the age of 18 and not a
party to the within Ution. My business address is 2603 Matin Street, least Tower - Suite 13400, Irvine,
California 92614-428 1.
On January 22, 2014, 1 mwvc4 the following dacurnrnt(s) on the person ar persons lasted on the
i Service List:
i
PEREMPTORY WRIT OF MALtiDXTE
® (MESSENGER) I served the document(s) by placing them in an envelope or package Rddresscd
to the persons) lasted din the Scmcc Last and providing tLicrn to a professional, mcssraiger
service for semi -m. A dee1ar don by the messenger will be prodded by separate proof of
sorvicc.
1 declare under penalty of pcduny under the lal, s of the Stag of Califomia tlkat the foregoing Ls
trate and correct.
Executed on Jianuary 22, 2014, at Irvine, Califamia.
(Type or print name) (Sigrtaturc)
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EXHIBIT A
SERVICE LIST
I€PT HIC-2 Properties Truss v, Ciig aiAnaHtlm, et rk
Ulsdatrd: January 22,, 201 d
ORIGINAL: City C!mrk
far Ci1v of Anaheim and City Council of the City
of Arkij�m
200 S. Anaheim BjVd., 217
Anal a=rr_. CA 42905
1±h
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COURTESYCOPY: N-vid Casgrovc
Douglas Dennington
Rutan & "fucker
611 Anton Blvd.
Suite 4 400
Cgsta Mesa, CA 42628-1950
Email: d4cnriinStotl r t�1►n,�c)ni,
c1co cr(Alcl firwan_ 4mi