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<br />8/8/83
<br />RESOLUTION NO. 83- 102
<br />A RESOLUTION OF THE CITY COUNCIL OF
<br />THE CITY OF SANTA ANA OVERRULING THE
<br />ACTION OF THE PLANNING COMMISSION
<br />DENYING CONDITIONAL USE PERMIT APPLI-
<br />CATION NO. 80-19, APPROVING SAID
<br />CONDITIONAL USE PERMIT, GRANTING
<br />APPEAL NO. 428, AND RESCINDING
<br />RESOLUTION NO. 81-4, ADOPTED ON
<br />JANUARY 5, 1981
<br />WHEREAS, a public hearing was duly held before the
<br />City Council of the City of Santa Ana on December 15, 1980,
<br />on Appeal No. 428 filed by Missionaries at Home, Inc., from
<br />a decision of the Planning Commission in denying Conditional
<br />Use Permit Application No. 80-19, which application sought
<br />to allow construction of the Orange County Rescue Center, a
<br />10,800 square foot facility providing emergency shelter, a
<br />sanctuary, and administrative offices to be located at 120
<br />South Daisy Street in the M1 District; and
<br />WHEREAS, prior to taking action on said Conditional
<br />Use Permit application, this Council has reviewed and considered
<br />the Negative Declaration for the project, including Initial
<br />Study No. IS 80-212; and
<br />WHEREAS, by a 4-3 vote, said Council, after con-
<br />cluding its public hearing, granted Appeal No. 428, and
<br />approved issuance of a Conditional Use Permit to Missionaries
<br />at Home, inc., and requested that the City Attorney's Office
<br />prepare an appropriate resolution and submit the same to the
<br />Council for approval; and
<br />WHEREAS, on January 5, 1981, the Council formally
<br />adopted, by a 4-3 vote, Resolution No. 81-4, and, by said
<br />resolution, granted a Conditional Use Permit to Missionaries
<br />at Home, Inc.; and
<br />WHEREAS, Messrs. Albert Gipson and Gilgardo Melgoza,
<br />and Southwest Neighbors, an unincorporated association
<br />("petitioners"), on March 30, 1981, filed a lawsuit against
<br />the City of Santa Ana in the Orange County Superior Court
<br />(Gipson, et aL V.
<br />City of Santa Ana, et al., Case No. 35-
<br />33-34), seeking a Writ of Mandate, as well as injunctive and
<br />declaratory relief, to set aside the Council's approval of
<br />the Conditional Use Permit; and
<br />WHEREAS, on July 7, 1981, the Superior Court
<br />denied petitioners' request for a Peremptory Writ of Mandate
<br />and Preliminary injunction; and petitioners thereafter filed
<br />a timely appeal with the Fourth District Court of Appeal;
<br />and
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