In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes. In the end, the City refused to live up to its agreement to build a parking structure, instead passing another conditional use permit [CUP 5573] that allowed construction of surface parking in lieu of the parking structure. Both the trial court and the appellate court held the City was estopped from changing the design approved in CUP 4153. (HPT IHG-2 Properties Trust v. City of Anaheim (Cal. App. Fourth Dist., Div. 3; December 21, 2015) 243 Cal.App.4th 188 [196 Cal.Rptr.3d 326].)
City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.
In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes. In the end, the City refused to live up to its agreement to build a parking structure, instead passing another conditional use permit [CUP 5573] that allowed construction of surface parking in lieu of the parking structure. Both the trial court and the appellate court held the City was estopped from changing the design approved in CUP 4153. (HPT IHG-2 Properties Trust v. City of Anaheim (Cal. App. Fourth Dist., Div. 3; December 21, 2015) 243 Cal.App.4th 188 [196 Cal.Rptr.3d 326].)