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<br />RESOLUTION NO. 87-16
<br />
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
<br />SANTA ANA OVERRULING THE ACTION OF THE PLANNING
<br />COMMISSION DENYING CONDITIONAL USE PERMIT APPLI-
<br />CATION NO. 80-19, APPROVING SAID CONDITIONAL USE
<br />PERMIT, GRANTING APPEAL NO. 428, AND RESCINDING
<br />RESOLUTION NO. 81-4, 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. 428 filed by Missionaries at Home, Inc., from a decision of
<br />the Planning Commission in denying Conditional Use Permit Appli-
<br />cation No. 80-19, which application sought to allow construction
<br />of the Orange County Rescue Center, a 10,800 square foot facility
<br />providing emergency shelter, a sanctuary, and administrative of-
<br />fices to be located at 120 South Daisy Street in the M1 District;
<br />and
<br />
<br /> WHEREAS, prior to taking action on said Conditional Use
<br />Permit application, this Council has reviwed and considered the
<br />Negative Declaration for the project, including Initial Study No.
<br />IS 80-212; and
<br />
<br /> WHEREAS, by a 4-3 vote, said Council, after concluding
<br />its public hearing, granted Appeal No. 428, and approved issuance
<br />of a Conditional Use Permit to Missionaries a Home, Inc., and re-
<br />quested that the City Attorney's Office prepare an appropriate
<br />resolution and 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. 81-4, and, by said reso-
<br />lution, granted a Conditional Use Permit to Missionaries At
<br />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 (Gibson, 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 Conditional Use Permit; 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. 81-4 were not sufficiently specific to apprise a
<br />
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