Loading...
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. 159/012377-0108 9731782.1 a06/13/16 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 159/012377-0108 9731782.1 a06/13/16 EXHIBIT A 1 2 3 4 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 19 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; 159/012377-0108 9731782.1 a06/13/16 z 3 4 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 18 19 20 21 22 23 24 2$ 26 27 2 159/012377-0108 9731782.1 a06/13/16 Clerk '+ 1 Hy .I Depuly erlc KGA QUACH L 2 3 4 5 6 ] l} II 12 13 14 15 16. 4 17 . 18 19 20 21 22 23 24 25 26• 27 29 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) 159/012377-0108 9731782.1 a06/13/16 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 159/012377-0108 9731782.1 a06/13/16 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