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Resolution-ZA 1996-18• DECISION N0. ZA 96-18 •i A DECISION OF THE ZONING ADMINISTRATOR AMENDING DECISION NOS. ZA 93-52 AND ZA 95-04 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 3633 OWNER: Harvey Owen P.O. Box 308, Buena Park, CA 90621 LOCATION: 1732 South Euclid Street CEOA STATUS: Negative Declaration (previously approved) HEARING DATE: August 1, 1996 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. ..REQUEST: Petitioner requests an amendment to a condition of approval pertaining to a time limitation for on-premises sale and consumption of alcoholic beverages in an existing restaurant. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced petition, pursuant"to Anaheim Municipal Code Section 18.12.020, and a public hearing having been duly noticed for and held on the date set forth above, 'I do hereby find, pursuant to the Sections 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 1. That on September 23, 1993, the Zoning Administrator approved Conditional Use Permit No. '3633 (permitting on-premises sale and consumption of beer and. wine in a restaurant with waiver of minimum number of parking. spaces) in connection with Decision No. ZA 93-52 and in conjunction with a Negative Declaration;. and that no further action was taken by the City Council; 2. That on March 16, 1995 the Zoning Administrator approved Decision No. ZA 95-04, amending Decision No. ZA 93-52, to permit on-premises sale and consumption of alcoholic beverages, in addition to the beer and-wine, at subject restaurant; 3. That Decision. No. ZA 95-04, includes the following condition of approval: "12. That the on-premises sale and consumption of alcoholic beverages (in addition to beer and vvinel in conjunction with meals in an existing restaurant, is granted for a period of one (1) year,. to expire on March 16, 1996." 4. Than the petitioner requests deletion said time limitation condition; 5. That subject use permit is being exercised in a manner not detrimentalto the particular area and urrounding land uses, nor to thepublic peace, health, safety and general welfare; 6. That the on=premises sale and consumption of alcoholic beverages within a restaurant is a listed authorized conditional use in the GL "Commercial, Limited" Zone, and is a compatible use with the surrounding neighborhood; za-3633c.wp - 1 of 2 - ZA 96-18 •~ •i 7. That amending Decision No. ZA 95-04 to permit on-premises sale and consumption of alcoholic beverages in a restaurant for an additional year is subject to all the conditions contained in said `decision, except as otherwise amended herein; and 8. That no one spoke in opposition to the proposal at the public hearing and that no correspondence in`opposition was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal and does hereby-find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3633 is adequate to serve as the required environmental documentation in connection .with this request upon finding that the declaration reflects the independent judgement of the lead `agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding an 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 he evidence and testimony presented to me, l do hereby amend Condition No. 12 of Decision No, ZA 95-04, approved in connection with Conditional Use Permit No. 3633, to read as follows: "12. That the on-premises sale. and consumption of alcoholic beverages (in addition to beer and ` wine) in conjunction vvith meals in an existing restaurant, is granted for a period of one f 1) year, to expire on March 16, 1997:" This decision is made, signed, and entered into the file this 8th day of August, 1996. Annika M. antalahti Zoning Administrator NOTICE: This decision shall become final unless an appeal tothe City Council, in writing, accompanied by an appeal fee, is filed with the:City Clerk within 15 davs of the date of the signing;of this decision or unless members of the City Council shall request to review this.decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I-do hereby declare under penalty of perjury that on xhe 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. DATE: August 8, 1996 Margarita of io Sr. Secretary za-3633c.wp - 2 of 2 - ZA 96-18