Resolution-ZA 1993-53
DECISION NO. ZA 93-53
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3634
OWNER: John P. Butier
19542 Sierra Canyon
Irvine, CA 92715
AGENT: Russell A. Shull
1177 South State College Blvd.
:Anaheim, CA 92805
LOCATION: 1177 South State College Bivd. (Daddy's Pizza, Pasta & Salads)
CEOA STATUS: Negative Declaration
HEARING DATE: September 16, 1993
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 the on-premise sale and consumption of beer
and wine in conjunction with an existing 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, consisting of on-premise sale and consumption of beer and wine in a sit-
down restaurant, is properly one for which a conditional use. permit is authorized by the Zoning
Code;
2. That the proposed use, as conditioned herein, 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 on 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 wilt 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 permit the on-premise sale and consumption of beer and wine. in conjunction with an existing
restaurant on an irregularly-shaped parcel of land consisting of approximately 0.72 acre located at the
southwest corner of Almont Avenue and State College Boulevard, having approximate frontages of 138 feet
on the south side of Almont Avenue and 245 feet on the west side of State College Boulevard, and further
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described as 1177 South State College Boulevard; 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, 1 do hereby determine to approve Conditional Use
Permit No. 3634, subject to the following conditions:
1 That there shall be no bar or lounge area on the premises for the purpose of sale, service or
consumption of alcoholic beverages directly to patrons for consumption.
2. That food service with an available meat shall be available up until closing time on each day of
operation, and that the on-sale beer and wine shall be only in conjunction with meal service.
3. That the subject alcoholic beverage license shall not be exchanged for a public premise type
license nor shall subject premises be operated as a public premises.
4. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period.
5. That there shall be.n~ live entertainment, amplified music or dancing permitted on the premises at
any time.
6. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within the premises, promoting or indicating the availability of alcoholic beverages.
7. That no alcoholic beverages shall be consumed on any property adjacent to the premises under
the control of the applicant.
8. That the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
9. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises
over which he has control.
10. That no pool tables shall be maintained on the premises at any time.
11. That plans .shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 (12-foot minimum end stall width) pertaining to parking standards and driveway locations.
Subject property shall thereupon be developed and maintained in conformance with said plans.
12. That no compact parking spaces shall be permitted.
13. That an on-site trash truck turn around area shall be provided in accorance with Engineering
Standard Detail No. 610 and as required by the Department of Maintenance.
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.
15. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be submitted
to the Department of Maintenance for review and approval.
16. That no outdoor seating shalt be permitted.
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17. 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.
i 8. That prior to commencement of the actniity authorized by this decision or within a period of one
(1) year from the date of this decision, whichever occurs first, CondRion Nos. 11, 12, 13, 14, 15 and
17, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
19. 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 23rd day of September 1993.
Anni a anta ahti
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 davs of the date of the signing of this decision or unless
members ofi 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 23, 1993 t~'h
Betty Preston
Sr. Office Specialist
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