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Resolution-ZA 1994-24 DECISION NO. ZA 94-24 • 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. ZA-C3712.wp - 1 of 3 ZA 94-24 • 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. ZA-C3712.wp - 2 of 3 ZA 94-24 ! • 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 ZA-C3712.wp - 3 of 3 ZA 94-24