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RJW/fm 8/8/83 RESOLUTION NO. 83- 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION DENYING VARIANCE APPLICATION NO. 80-58, APPROVING SAID VARIANCE, GRANTING APPEAL NO. 427, AND RE- SCINDING RESOLUTION NO. 81-3, ADOPTED ON JANUARY 5, 1981 WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on December 15, 1980, on Appeal No. 427 filed by Missionaries at Home, Inc., from a decision of the Planning Commission in denying Variance Application No. 80-58, which application sought to waive a portion of the yard and parking requirements for the develop- ment of the Orange County Rescue Center at 120 South Daisy Street in the Ml District; and WHEREAS, prior to taking action on said Variance application, this Council has reviewed and considered the Negative Declaration for the project, including Initial Study No. IS 80-212; and WHEREAS, by a 4-3 vote, said Council, after con- cluding its public hearing, granted Appeal No. 427, and approved issuance of a Variance to Missionaries at Home, Inc., and requested that the City Attorney's Office prepare an appropriate resolution and submit the same to the Council for approval; and WHEREAS, on January 5, 1981, the Council formally adopted, by a 4-3 vote, Resolution No. 81-3, and, by said resolution, granted a.Variance to Missionaries at Home, Inc.; and WHEREAS, Messrs. Albert Gipson and Gilgardo Melgoza, and Southwest Neighbors, an unincorporated association ("petitioners"), on March 30, 1981, filed a lawsuit against the City of Santa Ana in the Orange County Superior Court (Gipson, et al. v. City of Santa Ana, et al., Case No. 35- 33-34), seeking a Writ of Mandate, as well as injunctive and declaratory relief, to set aside the Council's approval of the Variance; and WHEREAS, on July 7, 1981, the Superior Court denied petitioners' request for a Peremptory Writ of Mandate