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RESOLUTION 67-40 OVERRULING THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 67-8, SUBJECT TO CONDITIONS WHEREAS, after hearing on notice, the Planning Commission DENIED a variance on application VA 67-8, filed by MAX BERNBAUM, and Appeal Application No. 189 was duly filed on behalf of said applicant presenting the matter to the City Council; and WHEREAS, the City Council, after public hearing on notice, has determined that said Application meets the requirements of Section 9250.8 of the Santa Ana Municipal Code; that the decision of the Planning Commission should be overruled; and that said Variance should be granted subject to the conditions set forth in the staff comments of said Variance. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby overrule the decision of the Planning Commission and does hereby grant a variance on Variance Application 67-8 to permit the construction of a one story build- ing for retail sales and installation of tires, brakes and front end car alignments in the R-1 District at 2234-2238 South Magnolia, Santa Aha, California. Said Variance is granted subject to the following applicable conditions: 1. That development be according to approved plot plan except for minor modifications approved by the Planning Department. That a full landscape plan shall be submitted to and approved by the Planning Department; all approved landscaping shall be planted and maintained. 3. That all landscape beds shall be provided with an irrigation system. 4. That all landscape beds shall be bounded by 6" high curbs. That a 6' high concrete block wall be constructed along the north property line except in the front yard setback where the wall shall be stepped to a height of 4'. That there shall be no lights or advertising devices per- mitted on the east and north side of the building. Any other lights shall be reflected away from surrounding residences. THE FOLLOWING CONDITIONS A~E TO BE COMPLIED WITH PRIOR TO THE ISSUANCE OF UTILITIES RETRASE BY THE DEPARTMENT OF BUILDING SAFETY AND HOUSING: That the Owner place full width sidewalk on Magnolia Avenue, except for treewells as approved by the Department of Parks and Recreation. 8. That the existing driveways on Magnolia Avenue not used, be closed in accordance with City standards. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 3rd day of April, 1967. ATTEST: CLERK OF THE COUNCIL