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RESOLUTION 71-44 OVERRULING THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 71-14 FILED BY CARL KARCHER ENTERPRISES, SUBJECT TO APPLICABLE CONDITIONS WHEREAS, after public hearing on notice, the Planning Commission denied a variance on Variance Application 71-14 filed by CARL KARCHER ENTERPRISES to enlarge an existing restaurant and expand the off-street parking in the R-1 District at 1618 North Linwood Avenue, Santa Ana, California; and WHEREAS, Appeal Application 267 was duly filed by the applicant, appealing the decision of the Planning Commission and presenting the matter to the City Council; and WHEREAS, the City Council, after public hearing, on notice, has determined that the decision of the Planning Commission should be overruled and that said Variance is granted subject to certain applicable conditions; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana hereby overrules the decision of the Planning commission and does hereby grant a variance on Variance Application 71-14, filed by CARL KARCHER ENTERPRISES, INC., to permit the enlargement of an existing restaurant and expand the off-street parking in the R-1 District at 1618 North Linwood Avenue, Santa Ana, California; said Variance is granted subject to the the following conditions: 1. That a revised plot plan be submitted to and approved by the Planning Department indicating: (a) a minimum 5' wide landscaped planter along the entire southerly property line; the relocation of the proposed driveway on Linwood Avenue a minimum 5' to the north (in order to retain a mature street tree on Linwood Avenue ). Development shall be according to the approved revised plot plan, except for minor modifications approved by the Planning Department. That a detailed landscape plan be submitted to and &pproved by the Planning Department, and that the approved plan be implemented and the landscaping be continuously maintained. (The landscape plan shall include dense landscaping along the southerly property line with several 15 gallon trees.) 3. That all lights be limited to 10 feet in height and be reflected away from surrounding residences. That 4' high solid masonry walls be constructed to the rear of the proposed landscaped planters adjacent to the offstreet parking area on Linwood Avenue, The following conditions are to be complied with prior to the issuance of a building permit: -1-