Resolution-ZA 1997-16
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.DECISION NO. ZA 97-16
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMlT NO. 3600
OWNER: IMPERIAL PROPERTIES PARTNERSHIP
c/o ESSEX REALTY
3146 Red Hill, Suite 150, Costa Mesa, CA 92626
AGENT: Yves Masquefa
5753-A East Santa Ana Canyon Road, Anaheim, CA 92807
'' LOCATION: 5753 A East :Santa Ana Canyon Road (Yves Bistro)
CEQA STATUS: Negative Declaration (previously approved)
HEARING DATE: July 31, 1997
OPPOSITION: No one indicated heir-presence at the-public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests amendment to he .conditions of approval to expand the semi-
enclosed dining area by adding a waiting area, both totaling 650 sq.ft., to an existing
2,542 sq.ft. restaurant with retail sales of beer and winefor on-premises consumption.
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 existing 2,542 sq.ft: restaurant was inadvertently advertised`as having 2,347sq.ft. floor area;
2. That subject conditional use permR was originally approved by-the Zoning Administrator on May 6,
1993, under Decision No: ZA 93.-32 to permit expansion of a gourmet take-out restaurant with outdoor
seating and on-premises sale and consumption of beer and wine, and-with waiver of minimum
number of parking paces; and that Condition No. 4 thereof requires that the property be developed
substantially in accordance vrith Exhibit Nos. 1 and 2 (site plan and restaurant floor plan);
3. That the proposed modffication (adding 228 sq.ft of semi-enclosed outdoor waiting area), including
the imposition. of any additiona! .conditions thereto, is reasonably necessary to protect the public
peace, health, safety and .general-welfare and necessary to permit reasonable operation under the
conditional use permit as originally granted;
4. That the proposed addition is properly one for which a conditional use permit is authorized by the
Zoning Code;. and that said area wiU be partially enclosed n a manner hat complies with Alcoholic
Beverage Control (A.B.C.) standards and regulations;
5. That the 228 sq.ft. waiting: area is a minor. expansion with no additional dining area proposed that
would intensify the restaurant use;
6. That the proposed expansion (which eliminates 2 parking spaces) does not necessitate. an additional
parking waiver because the overall available parking complies with current City parking standards;
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7. That the proposed exterior improvements will enhance the restaurant and not detract ftom the
existing commercial center;
8.. 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 because only two parking spaces are
impacted by the proposal;
9. That the size and shape ofithe site #or the proposed use is adequate to allow full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare;
10. 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
11. That amending 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.
CALIFORNIAfNVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to add 228 sq.ft. of waiting area (for: a total outdoor semi-enclosed area of 650 sq.ft.) to the
existing 2,542 sq.ft. restaurant with retail sales of beer and wine #or on=premises consumption on an
irregularly-shaped property located at the northeast corner of Santa Ana Canyon Road and Imperial
Highway,. having approximate frontages of .1,095 #eet on the north side of Santa Ana Canyon Road and 570
feet on the east side of Imperial. Highway (Yves Bistro at .5733-A East Santa Ana Canyon Road); and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 3600 is'adequate to serve as the ;required environmental. documentation in connection with this request.
Based on the evidence and testimony;presented to me, I do fiereby determine to amend Condition No. 4 of
Decision No. ZA 93-32, approved in connection. with Conditional Use Permit No. 3600, to read as follows'
"4. That subject property shall be developed ubstantiaily 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 F~chibit Nos. 1, 2, 3 and 4."
This decision is made, signed, and entered into the file this 7th day of August, 1997
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 of the City Council shall request to,review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL;. I do fiereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Maii, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
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nni a M. antalaht
Zoning Administrator
DATE: August 7, 1997 ~ ~\~'L- v`'~"" ~~'"~`
Patricia Ann Koral /,Z .~
Word Processing Operator "`~/ -
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