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RESOLUTION 67-174 OVERRULING THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 67-63 FILED BY CARL KARCHER ENTERPRISES, INC. WHEREAS, after hearing on notice, the Planning Commission DENIED a variance on Variance Application 67-63, filed by CARL KARCHER ENTERPRISES, INC., and Appeal Application No. 194 was duly filed on behalf of said applicant presenting the matter to the City Council; and W/qEREAS, 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: ~hat 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 67-63 to permit the construction of a "Carl's Jr." restaurant at 1430 East Seventeenth Street, Santa Aha, California, in an R-1 District. Said Variance is granted subject to the following applicable conditions: That the development be according to the approved plot plan and elevations except for minor modifications approved by the Planning Department. 2o That a detailed landscape plan be submitted to the Planning Department for approval, and that the approved plan be implemented and the landscaping be continuously maintained. 3. That the free-standing sign be limited to 25 feet in height. That all signs be non-animated and non-flashing. 5. That all lights be limited to 10 feet in overall height. That a 6-foot masonry wall be erected along the south property line except in the front setback of adjacent property where the wall shall not exceed 4 feet in height. THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: That an easement be provided for Seventeenth Street for a width of 52 feet, center line to property line, for street purposes and vehicular access rights except at approved drive and to include a 25-foot radius property line spandrel at the south- west corner of Seventeenth Street and Linwood Avenue. NOTE: Dedication shall be initiated by owner, through the Department of Public Works at least two weeks prior to application for a building permit to avoid delay. 8. That the subdivider's engineer submit street improvement plans for Seventeenth Street. 9. That the subdivider's engineer submit a final grading plan showing existing elevations along the property line. -1-