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CM:jd(10) 087
<br />1/27/87
<br />
<br />RESOLUTION NO. 87-15
<br />
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
<br />ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION
<br />DENYING VARIANCE APPLICATION NO. 80-58, APPROVING SAID
<br />VARIANCE APPEAL NO. 427, AND RESCINDING RESOLUTION NO.
<br />81-3, ADOPTED ON JANUARY 5, 1981
<br />
<br /> WHEREAS, a public hearing was duly held before the City
<br />Council of the City of Santa Ana on December 15, 1980, on Appeal
<br />No. 427 filed by Missionaries at Home, Inc., from a decision of
<br />the Planning Commission in denying Variance Application No.
<br />80-58, which application sought to waive a portion of the yard
<br />and parking requirements for the development of the Orange County
<br />Rescue Center at 120 South Daisy Street in the M1 District; and
<br />
<br /> WHEREAS, prior to taking action on said Variance appli-
<br />cation, this Council has reviwed and considered the Negative
<br />Declaration for the project, including Initial Study No. IS 80-212;
<br />and
<br />
<br /> WHEREAS, by a 4-3 vote, said Council, after concluding
<br />its public hearing, granted Appeal No. 427, and approved issuance
<br />of a Variance to Missionaries a Home, Inc., and requested that
<br />the City Attorney's Office prepare an appropriate resolution and
<br />submit the same to the Council for appoval; and
<br />
<br /> WHEREAS, on January 5, 1981, the Council formally
<br />adopted, by a 4-3 vote, Resolution No. 81-3, and, by said reso-
<br />lution, granted a Variance to Missionaries At Home, Inc.; and
<br />
<br /> WHEREAS, Messrs. Albert Gipson and Gilgardo Melgoza,
<br />and Southwest Neighbors, an unincorporated association ("peti-
<br />tioners"), on March 30, 1981, filed a lawsuit against the City
<br />of Santa Ana in the Orange County Superior Court (Gipson, et al.
<br />v. City of Santa Ana, et al., Case No. 35-33-34), seeking a Writ
<br />of Mandate, as well as injunctive and declaratory relief, to set
<br />aside the Council's approval of the Variance; and
<br />
<br /> WHEREAS, on July 7, 1981, the Superior Court denied
<br />petitioners' request for a Peremptory Writ of Mandate and Pre-
<br />liminary Injunction; and petitioners thereafter filed a timely
<br />appeal with the Fourth District Court of Appeal; and
<br />
<br /> WHEREAS, on October 19, 1981, the appellate court
<br />(Case No. 26187), in reversing the July 7, 1981 judgment in the
<br />City's favor, ruled that the findings of fact contained in Reso-
<br />lution No. 81-3 were not sufficiently specific to apprise a
<br />
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