Resolution-ZA 1996-19• ~ .
DECISION NO. ZA 96-19
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0. 3858
OWNER: Frank Cozza, Sr.
2170 West Ball Road, Anaheim CA 92804
LOCATION:. 2170 West Balt Road
CEQA STATUS: Negative Declaration
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 approval of a conditional use permit under authority of Code Section
18.44.050.010 to permit on-premises sale and consumption of alcoholic beverages in
conjunction with a 1,080 sq.ft. expansion to an existing restaurant (Mamma Cozza's
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 apublic 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 property one for which a conditional use permit is authorized by the Zoning
Code; and that a prior expansion to subject restaurant lincluding on-premises sale and consumption
of alcoholic beverages) was approved in 1993 in connection with Conditional Use Permit No. 3643;
2. That the proposed use will' not adversely affect. the adjoining land uses and the growth and
development of the area in which it 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 raffic 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;
5. That the granting of this conditional use permit, under the conditions imposed, will not be detrimenta{
to the peace, health, safety and general welfare of the citizens of the City of Anaheim;
6. That the existing restaurant has operated for approximately 30 years with no Code Enforcement or
Police Department investigations, br complaints or calls for service;
7. That no one spoke in opposition to the proposal at the public hearing and that no correspondence
in opposition to the proposal was received; and
8. That one person- spoke in support of the proposal.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal to permit on-premises sale and consumption of alcoholic beverages in conjunction with a
1,080 sq.ft. expansion to an existing restaurant on arectangularly-shaped parcel of land consisting of
approximately 1.07 acres, having a frontage of approximately 110 feet on the south side of Ball Road,
having amaximum -depth of approximately 427 feet, being located approximately 230 feet from the
centerline of Brookhurst Street, and further described as 2170 West Ball 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 approve Conditional Use
Permit No. 3858, subject to the following conditions:
1. That, as previously required in connection with Conditional Use Permit No. 3643, the subject
business shall continuously adhere. to the following conditions:
a. Food service, including meals, shall be .available until closing time on every day of operation.
b. The alcoholic beverage license shall not be exchanged for a public premises type license nor
shall the premises be operated as a public premises.
c. The sale of alcoholic beverages for consumption off the premises shall be prohibited.
d. The quarterly gross sales of alcoholic. beverages shall not exceed the gross sales of food or
other commodities during the same period.
e. There shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within the building, promoting or indicating the availability of alcoholic beverages.
f. No alcoholic beverages shall be consumed on any property adjacent to the premises under the
.control of the applicant.
2. 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 Nos. 1 and 2.
3. That prior to commencement of this activity, or within a period of one (1) year from the date of this
resolution, vvhichever, occurs first, Condition Na 2, above-mentioned, shall be complied. with.
Extensions for further time to.complete said condition may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
4. That approval of this application constitutes approval of the proposed request only to the extent that
it complies vvith 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 fife this 8th day of August,1996.
t;v~.~
rn a anta a ti
Zoning Administrator
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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 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:. 1 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: August 8, 1996
Margarita Sol io
Sr. Secretary
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