HomeMy WebLinkAboutCity Council - 3578 RESOLUTION NO. 3578
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH SETTING ASIDE
CONDITIONAL EXCEPTION 70-40 AND THE BUILD-
ING PERMITS ISSUED THEREUNDER
WHEREAS , the City of Huntington Beach has previously
granted Conditional Exception 70-40 and the City ' s Building
Department issued a building permit pursuant to said grant ,
and
WHEREAS , the Superior Court of the State of California,
County of Orange , has issued a writ of mandate, commanding
the City of Huntington Beach to vacate, annul and set aside
said Conditional Exception and all actions related thereto,
including the building permit issued on February 23 , 1972 ,
NOW, THEREFORE , the City Council of the City of Huntington
Beach hereby conforms to the peremptory writ of mandate , a copy
of which is attached hereto and made part hereof, and orders
each and every provision thereof executed in accordance with
the terms thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof on the 2nd day
of October, 1972 .
Mayor
ATTEST:
City erk-
APPROVED AS TO FORM:
City__M or e
(SPACE BELOW FOR FILING STAMP ONLY) '
1 LAW OFFICES
ABBOTT & CRAHAN ?> r
A-PROFESSIONAL CORPORATION
2 SUITE 1410, 10889 WILSHIRE SOULEVARD jl
LOS ANGELES, CALIFORNIA 90024
(213) 477-6711
3 ,
5 Attorneys for Plaintiffs
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7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
10
11 ARTHUR W. KNOX,' et al. , ) No. ' 190 245
12 Plaintiffs ) PEREMPTORY WRIT OF MANDAMUS
}
13 vs .
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14 CITY OF HUNTINGTON BEACH, )
}
15 et al )
}
16 Defendants )
17
THE PEOPLE OF THE STATE OF CALIFORNIA
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19
TO THE CITY OF- HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AND
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TO THE CITY COUNCIL, THE PLANNING COMMISSION AND THE CHIEF
21
BUILDING INSPECTOR OF SAID CITY
22
23
b his court that you
t c
in and determination.After hear _aY
_ 24 g
Y
have abused your discretion and acted in excess of your jurisdic-
25
tion in granting Conditional Exception 70-40 on November- 16 , 1970,
26
conditionally 'issuing the same on February 17, 1971 and issuing
27
28 a building permit in connection therewith on February 23, 1972,
_1_
l all .as more particularly complained of by plaintiffs herein,
2 judgment has been entered in this proceeding against you and in
3 favor of plaintiffs ordering that a peremptory writ of mandamus
- 4 issue under the seal of this court.
5
6 NOW THEREFORE YOU ARE HEREBY COMMANDED
7 1. to vacate, annul and set aside that certain'
8 conditional exception (2one .variance) granted on or about November
9 17, 1970 and conditionally issued on or about February 17, 1571
10 under your Conditional Exception Case No. 70-40 to defendants
2 11 First Christian Church of the City of Huntington Beach and First
z2mg 12 Christian Tower By The Sea; and to vacate annul and set aside all
ex ki z
cu oxP 13 of your actions related thereto, including (without limitation)
4U0 ., - h
°'5ooJ^ 14 the building permit issuedthereunder on February 23 , 1972;
2' W
ooN 15 2. to reconsider any further request or applica-
dad
16 tion for such Conditional Exception, and the granting: thereof,
� J
17 only in accordance with the standards and requirements of the
18 Huntington Beach Ordinance Code' pertaining thereto;
19 3 . to grant such Conditional Exception, if at all,
20 only in accordance with the standards and requirements of the
21 Huntington Beach Ordinance Code pertaining thereto; :and
22 4 . to serve and file a written return to this
23 writ, showing your compliance herewith and action taken hereunder,
24 on or before /S /,9
25
26- WITNESS the Honorable J. E. T. Rutter, Judge of the Superior
27 Court.
28
-2
1
Dated: SEP 15 1972 W. E. ST. JOHN
P. Clerk
f t.
4 SEAL '"�
5 �« By ,
Deput Cler
6
7
8 The . Foregoing Peremptory Writ of Mandamus
Approved as to Form
9
Don P. Bonfa, City Attorney
10
r 11
a BY
8 Y
z F < 12 Michel H�-- Miller
i g wz Z - Deputy City Attorney
Ua o0 13 Attorneys for Defendants,
rv <Q City of Huntington Beach, City
0.5 o u - 14 Council of the City of Huntington
2% i0
WOJ ; Beach, Planning Commission of the
m � W 15 City of Huntington Beach and Olin
moon
as Cleveland, Chief Building Inspector
to 16 of the City of Huntington` Beach
39
17
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19
20
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24
25
26
27
28 s
-3
` r
1
t
a
1 VERIFICATION BY PARTY (446,2015.5 C. C.P.)
STATE OF CALIFORNIA,COUNTY OF
2 1 mn he
3
4 in the above entitled action;I have read the foregoing
5
6 and know the content thereof;and I certify that the same it true of my own h wwkdge,except as to those matters which
7 are therein stated upon my information or belief,and as to those matters I believe it to be true.
8
9
10 1 declare,under penalty of perjury,that the foregoing is true and correct.
11
Executed Gall/ornia
l,Z (date) (place)
13 Signature
14 PROOF OF SERVICE BY MAII. (1013a,201S.5 C.C.P.)
15 STATE OF CALIFORNIA,COUNTY OF LOS ANGELEs
I am a citizen of the United States and a resident of the county aforesaid,- I an over the age of eighteen rears and not
i 16 a party to the within entitled action; my business address it:
17 10889`Wilshire Boulevard, Los Angeles, California 90024
18 p„ September 6
,19—_.,72 1 served the withinPEREMPTORY WRIT OF
19 MANDAMUS
20 onth. Defendants First Christian Church et al .
in said action, by placing a true copy thereof enclosed in a seated envelope with postage thereon fully prepaid, in the
22 United states mail at Los Angeles, California
addressed as follows:
22
23 K. Dale Bush
BUSH, BUSH & LARSEN
24 7812 Edinger, Suite 407
Huntington Beach, California 92647
25
26
27 1 declare,under penalty of perjury,that the foregoing is true and correct.
28 Execuud on September 6 , 1972 at LOS Angeles � California
(date) (place)
ALZi
Terry L. FritzSi e
Res. No. 3578
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted . by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 2nd
day of October 1972 , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
e
City Clerk and officio Clerk
of the City Council of the City
of Huntington Beach, California