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Resolution-ZA 1989-05. .',, y • . DECISION OF THE ZONING ADMINISTRATOR - ZA 89-05 HEARING DATE: January 12, 1989, and readvertised for the meeting of January 26, 1989 PETITION: CONDITIONAL IISE PERMIT NO. 3108`: CEQA,STATUS: NEGATIVE DECLARATION OPPOSITIONS No .one indicated their presence at the public hearing and no correspondence was received. OWNERS: DENNIS BERRYMAN AND CAROL BERRYMAN One Corporate Plaza, P.0. Box 3060, Newport Beach; CA 92658 AGENT: JOE BAO TANG 430 South Anaheim Hills Road' #C, Anaheim, CA 92807 LOCATION: 430 South Anaheim Hi11s Road #C REQUEST: To permit on-sale beer and wine in an existing restaurant. Having been appointed Zoning Administrator by the Planning Director to decide thee. above-referenced petition, pursuant. to Anaheim Municipal .Code. Section 18.12.040, and a public hearing having-been duly noticed for and held on the date set forth above, I do hereby find: 1. That the proposed use is properly one for which a conditional use permit is authorized by'Zoning Code Sections 18.12.050.010 and 18.44.050.010, to wit: to 'permit on-premises sale of beer and wine in an existing restaurant; 2. That. the proposed use will not adversely affect the adjoining land uses .and the growth and development of the area in which is is proposed to be .located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the. conditional use permit under the conditions imposed, if any, will not be detrimental to the peach, health, safety and general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to permit on-sale beer and wine in an .existing restaurant on an irregularly shaped parcel of land consisting of approximately 0.8 acre having a frontage of approximately 38 feet on the east .side of Anaheim-Hills Road, having a maximum depth of approximately 530 feet, being 0185g 1 ZA 89-05 • • Conditional Use Permit No. 3108 Page 2 located approximately 541 .feet north of the centerline of Nohl Ranch Road and further described as 430 South Anaheim Hills Road; and does hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration together with any comments received during the public review process°and further finding on the basis of the initial study and any comments .received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to approved Conditional Use Permit No. 3108, subject to the following conditions: 1. That subject property shall be developed .substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. That prior to commencement of the activity authorized by this decision, whichever occurs first, Condition. No. 1, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance .with Section 18.03..090 of the Anaheim Municipal Code.- 3. That .approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable. ordinance, regulation or requirement. This decision is made, signed, and entered into the file this .second day of February, 1989. G~G~ Annika M. Santalahti Zoning Administrator :NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with. the City Clerk within 15 days of the date o£ the signing of th decision or unless members of the City-Council shall request to review this. decision within said 15 days. DECLARATION OF SERVICE BY MAILS I do hereby declare.. under penalty of perjury -that on the date set _forth below, I did deposit, in the United States-Mail, a copy of the decision to the applicant and did .forward a copy to the City Clerk. DATED: February 2, 1989_. P~/Yf'/ . ~ ~` i Pamela H. Starnes, Executive Secretary 0185g 2 ZA 89-05