Resolution-ZA 1997-28/j, a.r ~
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DECISION NO. ZA 97-28
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING A SIX (6) MONTH TIME EXTENSION FOR
CONDITIONAL USE PERMIT NO. 3633, TO EXPIRE ON JUNE 4, 1998
OWNER: Harvey S. Owen
P.O. Box 308
Buena Park, CA 92803
LOCATION: 1732 South Euclid Street
HEARING DATE: December 4, 1997
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests amendment to a condition of approval pertaining to a time
limitation for on-premises sale .and consumption of alcoholic beverages in a
previously approved 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 subject conditional use permit (permitting on-premises sale and consumption of beer and
wine in a restaurant with waiver of minimum number of parking spaces) was approved by the
Zoning Administrator on September 23, 1993 under Decision No. ZA 93-52; and that on
March 16, 1995, the use permit was amended to permit on-premises sale and consumption of
alcoholic beverages in addition to beer and wine under Decision No. ZA 95-4;
2. That Condition No. 14 of Decision No. ZA 95-4 specifies .that the activity approved by
Conditional Use Permit No. 3633 shall commence within a period of-one year from the date-
of approval (March 23, 1995), but that extensions of time to complete the conditions of
approval may be granted;
3. That the use as specifically permitted in connection with this conditional use permit has not
yet commenced and that the business premises have not operated as a restaurant during the
last four years;
4. That the requested time extension is hereby approved for a period of six months from the date
of this decision in order for the applicant to obtain abona-fide restaurant tenant, at which
time further time extensions, including the imposition of additional or modified conditions of
approval, may be considered based on the actual operation of such a restaurant; and
5. That a 6-month time extension is reasonably necessary to permit commencement of the
proposed use under the use permit as originally granted.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposed time extension and does hereby determine 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, as approved, 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 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 approve a six (6) month time
extension, to expire on June 4, 1998, in order for the applicant to comply with the conditions of
approval contained in Decision No. ZA 95-4, adopted in connection with Conditional Use Permit No.
3633, and to commence operation of a bona fide restaurant.
This decision is made, signed, and entered into the file this 11th day of December 1997.
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 of the signing of
this decision or unless members of the City Council shall request. to review this decision within said
15 days.
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n ika M. Santalahti
Zoning Administrator
DECLARATION OF SERVICE BY MAIL: 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.
DATE: December 11, 1997
Patricia Koral
Word Processor
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