Resolution Number 14-02-04-02 RESOLUTION NO. 14-02-04-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO. CALIFORNIA, VACATING AND SETTING ASIDE
RESOLUTION NO. 11-09-06-03
WHEREAS, on September 6, 2011, the City Council of the City of San Juan
Capistrano passed Resolution No. 11-09-06-03, upholding the appeal by Mercado EI
Rey and overturning the Planning Commission's denial of a permit relating a property
located at 32252-54 Camino Capistrano; and,
WHEREAS, Daniel L. Friess filed a Petition for Writ of Mandate challenging the
City Council's September 6, 2011, decision; and,
WHEREAS, on February 4, 2013, Judge Nancy Wieben Stock of the Superior
Court for the County of Orange issued the Peremptory Writ of Mandate and
Interlocutory Judgment Granting the Peremptory Writ of Mandate; and,
WHEREAS, the Court required the City to vacate and set aside the Permit.
WHEREAS, a stay was issued by the Court of Appeal pending hearing by the
Court of Appeal, which was granted; thereafter, the Court of Appeal denied the writ
petition and the stay was lifted.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby vacate and set aside Resolution No. 11-09-06-03 and the
permit for tenant improvements granted thereby.
PASSED, APPROVED AND ADOPTED this 0 day of February 2014.
,6AM ALLEVATO, MAYOR
4E :A
MARA 40 RIS, CITY LER
Iv
I 2-4-2014
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 14-02-04-02 was duly adopted by the Cit
M
Council of a City of San Juan Capistrano at a Regular meeting thereof, held the 4
day of Fe ary 2014, by the following vote:
AYES: ICIL
CIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOES: CIL MEMBER: None
ABSEN i MEMBER: one
MARIA MOR", City Cler
2463N3641&0011
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