83-102 - Laserfiche WebLink

Home Browse Search

RESOLUTION NO. 83-102 Page Three h. A transcript made of the proceedings which occurred on December 15, 1980, at said Council's public hearing; and WHEREAS, said Council, at the conclusion of its meeting of February 22, 1983, continued said meeting to April 4, 1983; and WHEREAS, Missionaries at Home, Inc., on March 31, 1983, obtained a Temporary Restraining Order from the Orange County Superior Court, prohibiting this Council from conduct- ing any further hearings regarding approval or disapproval of the Rescue Center project until a court hearing was held on the requests of Missionaries at Home, Inc. for a Preliminary Injunction and for a court order authorizing it to file a cross-complaint for damages and other relief against the City of Santa Ana; and WHEREAS, as a result of the March 31, 1983 lawsuit filed by Missionaries at Home, Inc., the Honorable Robert R. Fitzgerald, Judge of the Superior Court, on June 30, 1983, issued an Order clarifying and modifying the previously issued Peremptory Writ of Mandamus; and WHEREAS, pursuant to said June 30, 1983 Court Order, this Council was expressly prohibited from conducting a de novo hearing in this matter; and was further directed to adopt new resolutions approving the Variance and Con- ditional Use Permit which contained exact, specific findings of fact in accordance with the October 19, 1982 opinion of the Fourth District Court of Appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That based on the evidence described herein- above, and further based on the public hearing and the oral and documentary evidence submitted therein, the City Council does hereby reverse the action of the Planning Commission denying said Conditional Use Permit Application No. 80-19, and does hereby approve said Conditional Use Permit and grant Appeal No. 428. 2. That the City Council adopts, as its findings of fact for the approval of Conditional Use Permit No. 80-19, the following: (a) The rescue center will provide a facility and services which will contribute to the general well being of the neighborhood and community, as follows: