94-248 RESOLUTION NO. 94R-248
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3712.
WHEREAS, the Zoning Administrator of the City of Anaheim
did receive an application for a conditional use permit to permit
on-premise sale and consumption of beer and wine in an existing
pizza r~staurant upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
PARCELS 1 TO 4 INCLUSIVE, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP FILED IN BOOK 148, PAGES 8 AND 9 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and
WHEREAS, the Zoning Administrator did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Zoning Administrator, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing; did adopt her Decision No. ZA-94-24 approving Conditional
Use Permit No. 3712; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Zoning Administrator action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the city Council finds, after careful consi-
deration of the recommendations of the City Zoning Administrator
and all evidence and reports offered at said hearing, that:
1.~ The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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. The size and shape of the site proposed for the 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. 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.
5. The granting of the 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3712 be, and the same is hereby, granted
permitting on-premise sale and consumption of beer and wine in an
existing pizza restaurant on the hereinabove described real
property, subject to the following conditions:
1. That the sales, service and consumption of alcoholic beverages
shall be permitted only between the hours of 10:00 a.m. to
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/or 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, amplified music or
dancing permitted on the premises at any time.
8. That the exterior doors shall be kept closed at all 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 control 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.
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 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 authorized 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. Extensions
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.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
9203.1\JWH~TE\October 14, 1994 -- 3 --
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 11th day of October, 1994.
MAYOR 'OF THE CITY OF ~NAHEIM
ATTEST: ~
CITY CLERK OF THE CITY OF ANAHEIM
9203.1\JWHITE\October 14, 1994 - 4 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-248 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 11th day of October, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: I-'eldhaus, Simpson, Pickler, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-248 on
the 12th day of October, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 12th day of October, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Resolution No. 94R-248 was duly passed and adopted by the City Council of the City of Anaheim on
October 11, 1994.
CITY CLERK OF THE CITY OF ANAHEIM