Resolution-ZA 1994-24
DECISION NO. ZA 94-24
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3712
OWNER: Gelb Enterprises
General Partnership
P.O. Box 8370
Van Nuys, CA 91409
AGENT: Ashok Jasuja
2424 W. Bail Road #P
Anaheim, CA 92804
LOCATION: 2424 W. Ball Road. Anaheim. CA 92804
CEQA STATUS: Negative Declaration
HEARING DATE: September 1, 1994
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority. of Code Sections
18.12.050.01 O and 18.44.050.010 to permit on-premise sale and consumption of beer and
wine in an existing pizza 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 the proposed use is properly one for which a Conditional Use Permit is authorized by the
Zoning Code;
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which ft 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 this Conditional Use Permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premise sale and consumption of beer and wine. on a rectangularly-shaped parcel of
land consisting of approximately 3.1 acres located at the southwest corner of Ball Road and Gilbert Street,
having approximate frontage of 620 feet on the south side of Ball Road and 130 feet on the west side of
Gilbert Street; 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 sign'rficant effect on the environment.
Based on the evidence and testimony presented to me, i do hereby determine to approve Conditional Use
Permit No. 3712, subject to the fioliowing conditions:
1. .That the sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 11:00 p.m.
2. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
3. That food service with an available meal shall be available up until closing time on each day of
operation.
4. That the subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises.
5. That the sale of beer and jor wine for consumption off the premises is prohibited.
6. That the quarterly.. gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities .during the same period.
7. That there shall be no live entertainment, ampi~ed music or dancing permitted on the premises at
any time.
8. That the exterior doors shall be kept. closed at ail times during the operation of the premises except
in cases'of emergency and to permit deliveries.
9. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the contrd of the licensee.
10. That there shall be no exterior signs of any kind or type, including signs directed to the exterior from
within, promoting or indicating the availability of alcoholic beverages.
11. That there shall be no bar or lounge area upon the licensed premises maintained for the purpose
of sale, service or consumption of alcoholic beverages directly to patrons for consumption.
12. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises
over which he has control.
13. That the applicant or his agents shall not employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy
14. That trash storage areas shall be provided and maintained in a location acceptable to the
Department of Maintenance and in accordance with approved plans on file with said Department.
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15. That a plan sheet for solk! waste storage and collection, and a plan for recycling shall be submitted
to the Department of Maintenance for review and approval
16. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1 and 2.
17. That prior to commencement of the activity authori2ed by this decision or within a period of one
(1) year from the date of this decision, whichever occurs first, Condition Nos. 14, 15 and 16,
above-mentioned, shall be complied with. F~ctensions for further time to complete said conditions
may be granted. in accordance with Section 18.03.090 of the Anaheim Municipal Code.
18. 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, State and
Federal 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 8th day of September 1994.
LG " ~~
nni a ant la t
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 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 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: September 8, 1994 ~%~-~~
Betty Preston
Sr. Office Specialist
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