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HomeMy WebLinkAbout67-174RESOLUTION 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- 10. That all elevations be on 1958 Orange County Survey Datum. 11. That all plans and surveys for the required improvements be completed by the owner's engineer and submitted to the Department of Public Works for approval. T~E FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUANCE OF UTILITIES RELEASE BY THE DEPARTMENT OF BUILDING SAFETY AND HOUSING: 12. ~hat the owner provide sanitary sewer facilities to meet with the approval of the Department of Public Works. 13. That the owner place curb, gutter,and sidewalk and pave up to the edge of existingpavement on Seventeenth Street. The new curb and gutter to be placed 44 feet south of the center of Seventeenth Street and to include street improvements to ultimate at the southwest corner of Seventeenth Street and Linwood Avenue and to include solid sidewalk on all frontages. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 2nd day of 0ctober,/3~g67. ~ ATTEST: / CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 2nd day of October, 1967, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin, Brooks, Carlson, ~Imrkel NOES, ABSENT, COUNCILMEN: Thurman, McMichael COUNCILMF~N: Griset CLERK OF THE COUNCIL -2-