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RESOLUTION NO. 61-268 GRANTING CONDITIONAL USE PERMIT NO. 77, SUBJECT TO CONDITION~ ON APPEAL APPLICATION NO. 45 FILED BY MARION B. ADAMS AFTER THE PLANNING COMMISSION HAD DENIED A CONDITIONAL USE PERMIT WHEREAS, after hearing on notice, the Planning Commission denied Conditional Use Permit No. 77, filed by MARION B. ADAMS, which said Conditional Use Permit was requested to permit the establishment of a six-patient infirmary for the care of physically handicapped and mentally retarded children in an R-1 District; and WHEREAS, Appeal Application No. 45 was duly filed with the City Council appealing the denial of the Conditional Use Permit by the Planning Commission; and WHEREAS, after hearing before the City Council; after careful consideration of the statements contained in and the materials accompanying the application; the testimony offered at the hearing; examination of all the facts established; and after determining that the use applied for by the Conditional Use Permit application meets the requirements of Section 9250.8 of the Santa Aha Municipal code, it has been determined that the Conditional Use Permit should be granted, subject to certain conditions, and that the Planning Co~unis- sion should be overruled. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana hereby grants Appeal Application No. 45 and grants a Conditional Use Permit on Conditional Use Permit No. 77, subject to conditions as follows: 1. That the total occupancy of the house shall at no time exceed ten (10) persons. 2. That an appropriate solid six-foot fence be constructed around the rear yard play area. 3. That it is understood that this Conditional Use Permit No. 77 is granted to the applicant, MARION B. ADAMS, and that -1-