Resolution-PC 2001-140~ •
RESOLUTION NO. PC2001-140
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDfTIONAL USE PERMIT NO. 2001-04447 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAPS NO. 81-253, AS SHOWN ON A MAP FILED IN
BOOK 174, PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
- - 1. That the proposed-convers+on o€an exis~ing o#ice-buildi.ng -to. a mixed-use develop.ment _
consisting of residential units and accessory office and retail uses is a use that is not listed in the Zoning
Code as being a permitted use and is, therefore, properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.03.030.010.
2. That 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. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal 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.
5. That 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.
6. That the proposed mixed use project complies with the goals of the Redevelopment Plan
for the Alpha Downtown Redevelopment Project Area, which encourages the revitalization of the
downtown arsa and the preservation of historically-significant structures; that the proposed mixed use
residential project is compatible with the zoning classifications and surrounding land uses on adjacent
properties; that the proposal will promote the long-term viability and encourage pedestrian activity within
the downtown area; that the proposal will encourage a balanced mix of residential, office and retail uses
in the downtown area; and that the proposal will promote the investment and revitalization of historic
structures within the downtown area.
7. That, as conditioned herein, the size and shape of the subject site for the proposed
conversion of a multi-story office building to a mixed use project is adequate to allow full re-development
of this building in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare.
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8. That, as conditioned herein, the traffic and parking generated by the proposed uses will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit the conversion of an office building into a
mixed use development consisting of residential units and accessory office and retail uses on a
rectangularly-shaped 0.09-acre property located at the northeast corner of Center Street and Claudina
Street, with frontages of 43 feet on the north side of Center Street and 93 feet on the east side of
Claudina Street, and further described as 201 East Center Street (Kraemer Building); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the lead agency and that it 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
- 4. -~hat the €oflowirrg lis~ed-eorrtrnerciaE uses shall-be prohibit€d on-tk~e subject prope~ty; that an _
unsubordinated covenant, reviewed and approved by the City Attorney's Office so-prohibiting said
uses, shall be recorded in the Office of the Orange County Recorder; and that a copy of the
recorded covenant shall be submitted to the Zoning Division:
(1) Bars, nightclubs, and public dance halls
(2) Arcades
(3) Liquor stores
(4) Pawnshops
(5) Laundromats available to the general public
(6) Tattoo parlors
(7) Dry cleaning establishments with on-site dry cleaning
(8) Churches
(9) Sex oriented businesses
(10) Banquet halls
(11) Take-out or fast food restaurants
2. That the permitted office and retail uses shall be limited to the following listed uses or such other
uses as may be approved by the Planning Commission as a"Reports and Recommendations" item;
that an unsubordinated covenant, reviewed and approved by the City Attorney's Office so-limiting
said uses, shall be recorded in the Office of the Orange County Recorder; and that a copy of the
recorded covenant shall be submitted to the Zoning Division:
(1) Accounting, bookkeeping, CPA firms, and temporary CPA firms
(2) Advertising
(3) Antique shops
(4) Appraisers
(5) Art, music and photography studios
(6) Bakeries
(7) Banks and financial firms
{8) Barbers, beauty shops, and nail salons
(9) Book Stores
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(10) Brokers: real estate, business opportunities, etc.
(11) Business systems companies
(12) Business/trade school and training center
(13) Clothing and shoe stores
(14) Communication consultants
(15) Computer analysis firms
(16) Confectionery and candy stores
(17) Credit reporting agencies
(18) Designers: industrial, interior, graphic
(19) Development companies
(20) Drugstores and pharmacies
(21) Dry cleaning (drop-off and pick-up convenience center without on-site dry cleaning)
(22) Facility maintenance and planning
(23) General professional business offices
(24) Hobby shops
(25) Insurance companies and agencies
(26) Inventory services
(27) Jewelry stores
(28) Leasing companies
(29) Management consultants and management companies
(30) Marketing research
(31) Medical and dental offices
(32) Personnel agencies
(33) Quality control analysis
(34j Safes offrees - - _ . _. - -
(35) Secretarial and business services
(36) Restaurants: full-service, coffee shops, sandwich shops, and delicatessens
3. That plans specifying building colors, elevations and materials shall be submitted to the Zoning
Division for Planning Commission review and approval as a"Reports and Recommendations" item.
Said plans shall be in conformance with the Anaheim Colony Historic District Guidelines and the
Downtown Guide for Development, and shall be subject to a Community Development Department
design review process.
4. That a maximum of twenty one (21) residential units (consisting of five (5) one-bedroom units and
sixteen (16) two bedroom units) shall be permitted.
5. That the owner/developer of the property will negotiate an Owner Participation Agreement ("OPA")
with the City of Anaheim Redevelopment Agency. An unsubordinated covenant shall be submitted
to the Planning and Community Development Departments, and shall be reviewed and approved by
the City Attorney's Office, stating that any future building modifications and/or rehabilitation shall be
consistent with the National Park Services Standards for Historic Preservation, Anaheim Colony
Historic Preservation Guidelines, and Downtown Guide for Development in order to preserve all
significant, historic features of the interior and exterior of the Kramer building. Moreover, the
owner/developer shal! install materials and finishes of high quality with expert craftsmanship and
design, and state-of-the-art amenities. Said covenant shall be recorded in the Office of the Orange
County Recorder.
6. That no unscreened roof-mounted equipment shall be permitted on the building.
7. That detailed plans shall be submitted to the City Traffic and Transportation Manager for review and
approval specifying how the pedestrian bridge and contiguous parking spaces in the parking
structure will function. The architectural design of the bridge shall be reviewed and approved by
both the Planning and Community Development Department staff.
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8. That freestanding signs shall not be permitted on the subject property. All future wall signage shall be
reviewed and approved by the Zoning Division and Community Development Departments.
9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
10. (a) That all public telephones shall be installed inside the building only.
(b) That no exterior vending machines, display or storage shall be permitted.
11. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
12. That the existing mature trees in the planters along the Center Street frontage and within the court
yard east of the building shall be retained where possible. Said information shall be specifically
shown on the plans submitted for building permits.
13. That the landscape planters shall be permanently maintained with live and healthy plants.
14. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
- po~nts, etc.) and-shatt be sr~bject to ~Me review and approval o# the-appropriate- city d.epartmen.ts_._.
15. That prior to commencing operation of any office, retail or home occupation businesses, valid
business licenses shall be obtained from the Business License Division of the City of Anaheim
Finance Department.
16. That trash storage area(s) shall be refurbished and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall
be specifically shown on the plans submitted for building permits.
17. That window signs shall not be permitted unless specifically approved by the Planning Commission
as a"Report and Recommendation" item, to allow for professionally applied historically accurate
identification signage.
18. That final detailed landscaping and fencing plans showing landscaping enhancements and
recreational amenities on the roof deck and within the ground level enclosed courtyard (including the
prov:sion of clinging vines on the courtyard fencing) shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a"Reports and Recommendations" item.
19. That the availability of parking for this building shall be in conformance with Code requirements.
Should additional Code-required parking be needed based upon the tenant mix of the office/retail
area, additional parking shall be made available and secured through an agreement with the
Community Development Department.
20. That the 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 through 10, and as conditioned herein.
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21. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 5, 7, 12, 14, 16 and 18, above-mentioned, shall
be complied with.
22. That prior to final building and zoning inspections, Condition Nos. 6 and 20, above-mentioned, shall
be complied with.
23. 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.
24. That based on the availability of one hundred twenty eight (128) parking spaces in the parking
structure to the east of the Kraemer Building and a parking requirement of forty three (43) spaces for
the twenty one (21) approved residential units, the non-residential uses shall not exceed a parking
requirement of eighty five (85) spaces.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
- ~eptenrber 24, 2oE}4. - - _ 1 - - -
SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ~ J
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSlONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN ~
r
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~c~ab~~r , 200~.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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