Resolution-ZA 1993-32. ~ •
DECISION NO. ZA 93-32
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3600
HEARING DATE: April 29, 1993
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence was received.
OWNER: IMPERIAL PROPERTIES
3188 Pullman, Costa Mesa, CA 92626
AGENT: Yves Masqueta
4455 Feather River Road, Corona, CA 91720
.LOCATION: 5753-A East Santa Ana CanXon (Yves Bistro)
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
18.12.050.010, 18.44.050.010 and 18.44.050.300 to permit the expansion of a gourmet
take-out restaurant with outdoor seating and on premise sale and consumption of beer and
wine, and with .waiver of the following:
SECTIONS 18.06.050.0211 " - Minimum number of pazking_spaces.
18.06.050:0212 131 required; $~Q existing)
18.06.OS0.022
18.06.050.0221
18.06.050.0231
18.06:050.0233
18.06.080
18.12.060.110
and 18.44.066.050
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition, pursuant to Anaheun 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 pazking waiver will not cause an increase in traffic congestion in the immediate vicinity
nor adversely affect any adjoining land, and that the City Traffic and Transportation Manager has
reviewed and approved the pazking demand study submitted by the petitioner;
2. That the granting of the parking waiver under the conditions imposed will not be detrimental to
the peace, health, .safety or general welfaze of the citizens of the City of Anaheim;
3. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
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4. That he proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which is proposed to be located;
5. 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;
6. 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
7. That the granting of this conditional use permit under the conditions imposed, if any, 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 gourmet take-out restaurant with outdoor seating, on-premise sale and
consumptionofbeer and :wine, and.a pazkingwaiver on an irregulazly-shaped parcel of land consisting
of approximately 4.2 acres located on the north side of Santa Ana Canyon Road between Imperial
Highway and Via Cortez, having approximate frontages of 1,095 feet on the north side of Santa Ana
.Canyon Road, 570 -feet on the east side of Imperial Highway and 500. feet on the west side of Via
Cortez, and further described as 5753 Santa Ana Canyon Road (Yves Bistro); 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.procws 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 3600, subject to the following conditions:
1. Than trash storage areas .shall be refurbished to the satisfaction of the Department of Maintenance
to comply with approved plans on file with said Department.
2. 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.
3. That the beer and wine sales authorized by this resolution shall occur only. in conjunction with
.the sale, serving and consumption of prepared food items (restaurants).
4. 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 he Planning
Department marked Exhibit Nos. 1 and 2.
5. That prior to .commencement of the activity authorized by this decision or within a period of
one (1) yeaz from the date. of this decision, whichever occurs first, Condition Nos. 1, 2 and 4,
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.
6. That there shall be no bar or lounge area in subject licensed premises maintained for the purpose
of sales or service of alcoholic beverages directly to patrons for consumption.
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8. That food service consisting of meals shall be available until closing-time on each day of
operation.
9. That subject alcoholic beverage license shall not be exchanged fora "public premises" type
license nor shall the business be operated as a public premises.
10. That the quarterly gross sales of alcoholic beverages shall not exceed .the gross sales of food or
other commodities during the same time period.
11, That there shall be no live entertainment, amplified music or dancing permitted on subject
premises at any time.
12. That there shall be no exterior advertising of any kind or type on the building, including
advertising directed to the exterior of the building from within, promoting or indicating the
availability or alcoholic beverages.
13. That there shall be`no pool tables or coin-operated games maintained on subject premises at any
time.
14. That there shall be no service or consumption of beer and wine outside the building except in the
fenced-in outside dining area.
15. That the outside dining area shall be accessible only from the building except for. emergency
exiting required and approved by the City Fire Department. Any emergency exits from the
outside dining area shall not normally be open.
16. That approval of this application constitutes approval of the proposed request only to the extent
that if 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 regardingany other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this sucth day of May 1993.
Annika M. San ahti, oning 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 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 declaze 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: May 6,` 1993
Peg p ,Acting cre
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