Resolution-ZA 1998-10__ ,.
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DECISION NO. ZA 98- 10
A DECISION OF THE ZONING ADMII~TISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.4018
OWNER: WATERS FAMILY TRUST
Attention: Norbert Waters
12132 Morrie Lane
Garden Grove, CA 92840
LOCATION: 2519-25 East Ball Road.
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: Apri123, 1998
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
18.12.050.010 and 18.44.050.010 to permit expansion of an existing restaurant with on-
premises sale and consumption of beer and wine.
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, as granted, 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 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
That 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal to expand a restaurant with on-premises sale and consumption of beer and wine on a irregularly-
shaped parcel of land consisting of approximately 1.89-acre located at the northeast corner of Ball Road and
Sunkist. Street, and having frontages of 545 feet on the north side of Ball Road and 152 feet on the east side of
Sunkist Street (2519-2525 East Ball Road - Jaegerhaus Restaurant).; 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.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit
No. 4018, subject to the following conditions:
1. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038
of the California Business and Professions Code and by Section 18.01.190 "Restaurant with on-premises
sale and consumption of alcoholic beverages" of the Zoning Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage
Control and approved by the City of Anaheim.
3. That there shall be no pool tables or coin-operated amusement games maintained upon the premises at
any time.
4. That the subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license
nor shall the establishment be operated as a public premise as defined in Section 23039 of the California
Business and Professions Code.
That the gross sales of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all
other retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall
be made available, and subject to audit when inspection is requested by any City of Anaheim official
during reasonable business hours.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without issuance of proper permits as required by the Anaheim Municipal Code.
7. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
8. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages.
9. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
10. That sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7
a.m. and 10 p.m. seven days a week.
11. That all doors serving subject restaurant shall immediately conform to the requirements of the Uniform
Fire Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
12. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as
not to 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.
13. That there shall be no coin-operated telephones on the properly. that are located outside the building and
within the control of the applicant.
14. That the portion of this permit regarding the. sales of alcohol shall expire one (1) year from the date of
approval of this resolution unless a valid license has been issued by the California Department of
Alcoholic Beverage Control.
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16. That the petitioner shall be responsible for maintaining a litter free area adjacent to the premises and within
control of the applicant.
17. That the owner of the subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application.
18. That the proposal shall comply with all signing requirements of the "CL" Commercial, Limited Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
19. 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.
20. That prior to commencement of the activity authorized by the decision or prior to fmal building and zoning
inspections or within a period of one (1) year from the date of this decision, whichever occurs first,
Condition No. 19, above-mentioned, shall be complied with. Extensions for further time to complete this
condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
21. 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 fmdings 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 30thday of April 1998.
a . Santalahti / ,
Zoning Admixustrator
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.
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: Apri130, 1998
Patricia Koral
Word Processing Operator
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