Resolution-PC 2015-041 RESOLUTION NO. PC2015-041
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2001-04447,
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00013)
(201 EAST CENTER STREET)
WHEREAS, on September 24, 2001, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution
No. PC2001-140, approved Conditional Use Permit No. 2001-04447 (herein referred to as the
"Original CUP") to permit the conversion of a historically significant 9-story office building
known as the Kraemer Building to a mixed use development consisting of residential units and
accessory office and retail uses at 201 East Center Street in the City of Anaheim, County of
Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A
and incorporated herein by this reference (the "Property"); and
WHEREAS, on September 9, 2002, and subject to certain conditions of approval, the
Planning Commission by its Resolution No. PC2002-128, approved an amendment to the
Original CUP to amend previously-approved exhibits and conditions of approval pertaining to the
penthouse residential unit at the Property; and
WHEREAS, the Original CUP and the subsequent amendments shall be referred to herein
collectively as the "CUP". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the subsequent approval, shall be referred to herein
collectively as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to further amend
the CUP to add short-term rental units and restaurants with or without outdoor dining and the
sale of alcoholic beverages for on-premises consumption to the list of permitted uses within the
existing mixed use building ("Proposed Project") pursuant to Section 18.60.190 (Amendment of
Permit Approval) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal
Code ("Code"). Said amendment to the CUP is designated herein as Conditional Use Pen-nit No.
2001-0444713; and
WHEREAS, the Property is located in the "CG" General Commercial Zone and is subject
to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the
Code. The Anaheim General Plan designates this Property for Mixed Use land uses; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
PC2015-041
WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class I — Existing Facilities) which consist of the repair,
maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 15, 2015, at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to bear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning 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 with respect to Conditional Use Permit
No. 2003-04671 C:
1. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Pen-nits) of the Code and,
specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning
Director has found and determined that the Proposed Project does not fit into an existing use
class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020
(Classification of Uses), but may be authorized by conditional use permit until such time as the
Code is amended to include such a use; and
2. The Planning Commission agrees with the Planning Director's determination and
finds that the Proposed Project is an unlisted use and is properly one for which a conditional use
is authorized by the Code; and
3. The Proposed Project will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the use would
be compatible with the adjacent land uses, promote the long term viability and encourage
pedestrian activity, encourage a balanced mix of residential and commercial uses, and promote
the investment and revitalization of properties within the downtown area; and
4. The size and shape of the site proposed for the Proposed Project is adequate to
allow the full development of the Proposed Project in a manner not detrimental to either the
particular area or to the health and safety of the citizens of the City of Anaheim because no
expansion to the existing building is proposed and the Property is currently improved with a
mixed use residential building with sufficient parking in the adjacent public parking structure;
and
5. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and adequate parking will be provided to accommodate the use; and
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6. The granting of Conditional Use Permit No. 2001-04447B under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning, Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons
hereinabove stated, that Conditional Use Permit No. 2001-04447B is hereby approved, thereby
amending the CUP and permitting short-term rental units and restaurants with or without outdoor
dining and the sales of alcoholic beverages for on-premises consumption within the premises of
the restaurant(s) to the list of permitted uses for the Proposed Project,
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by
this reference (the "Revised Conditions of Approval") amend the Previous Conditions of
Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for Conditional Use Permit No. 2001-04447 shall be to
the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control
and govern the CUP, as amended by Conditional Use Permit No. 2001-04447B.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Pen-nit No. 2001-04447B in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval related to the uses pennitted under Conditional Use Pen-nit No.
2001-04447B may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
pen-nit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
deten-nine 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.
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BE IT FUR,rfiER IZESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 15, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAt'MAN, PLANNI OMMISSION
E
I eG
QUF- CITY OF ASA
ATTEST:
22Zcn=--'-
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on June 15, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of June, 2015.
IoM
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00013
a-
255-076-04
PIVE
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Source_Recorded Tract Maps and/or City GIS.
1 mmm Please note the accuracy is+/-two to five feet.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL, USE PERMIT NO. 2001-04447
(CONDITIONAL USE PERMIT NO. 2001-04447B)
(DEV201.5-0001.3)
RESPONSIBLE
CONFIT I®NS ®1F APPROVAL
GENERAL
1 The following listed commercial uses shall be RLohibited on or at the
subject property. An unsubordinated covenant prohibiting said uses Planning Department,
shall be prepared by the property owner, at his/her/its sole cost and Code Enforcement
Division
expense, and reviewed and approved by the City Attorney (or his
designee) prior to recordation in the Official Records of the
County of Orange. A copy of the recorded covenant shall be
submitted to the Planning Services 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
(1.1) Fast food restaurants
2 The permitted office and retail uses shall be limited to the following Planning Department,
listed uses or such other uses as may be approved by the Planning Planning Services
Commission. An unsubordinated covenant shall be prepared by the Division
property owner, at his/her/its sole cost and expense, and reviewed and
approved by the City Attorney(or his designee)prior to its recordation
in the Official Records of the County of Orange. A copy of the
recorded covenant shall be submitted to the Planning Services
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
(10) Brokers: real estate, business opportunities, etc. Business
systems companies
(11) Business/trade school and training center
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CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
(12) Clothing and shoe stores
(13) Communication consultants
(14) Computer analysis firms
(15) Confectionery and candy stores
(16) Credit reporting agencies
(17) Designers: industrial, interior, graphic
(18) Development companies
(19) Drugstores and pharmacies
NO. CONDITIONS
(20) Dry cleaning (drop-off and pick-up convenience center without
on-site dry cleaning)
(21) Facility maintenance and planning
(22) General professional business offices
(23) Hobby shops
(24) Insurance companies and agencies
(25) Inventory services
(26) Jewelry stores
(27) Leasing companies
(28) Management consultants and management companies
(29) Marketing research
(30) Medical and dental offices
(31) Personnel agencies
(32) Quality control analysis
(33) Restaurants: full-service and/or take-out restaurants, with or
without outdoor dining and alcoholic beverages sales for on-
premises consumption
(34) Banquet rooms accessory to full service and/or take out
restaurants
(35) Sales offices
(36) Secretarial and business services
3 A maximum. of twenty one (21) residential units shall be permitted on Planning Department,
the property, which may be used and available as short-term rentals in Planning Services
accordance with the standards and regulations contained in Chapter Division
4.05 (Short-Tenn Rentals) of the Anaheim Municipal Code.
4 The owner/developer of the property shall maintain an Owner Planning Department,
Participation Agreement ("OPA") with the City of Anaheim Planning Services
Community Development Department. An unsubordinated covenant Division
shall be submitted to the Planning and Community Development
Departments, and shall be reviewed and approved by the City Community
Attorney's Office, stating that any future building modifications and/or Development
rehabilitation shall be consistent with the National Park Services Department
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 Kraemer building. Moreover, the owner/developer shall
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.
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
5 No unscreened roof-mounted equipment shall be permitted on the Planning Department,
building. Code Enforcement
Division
6 Freestanding signs shall not be permitted on the subject property. All Planning Department,
future wall signage shall be reviewed and approved by the Zoning Planning Services
Division and Community Development Department. Division
7 Any tree planted on-site shall be replaced in a timely manner in the Planning Department,
event that such tree is removed, damaged, diseased and/or dies. Code Enforcement
Division
8 The existing mature trees in the planters along the Center Street Planning Department,
frontage and within the court yard east of the building shall be Code Enforcement
retained, where possible. Division
9 The landscape planters shall be permanently maintained with live and Planning Department,
healthy plants. Code Enforcement
Division
10 The location(s) for future above-ground utility devices including, but Planning Department,
not limited to, electrical transformers, water backflow devices, gas, Planning Services
communications and cable devices, etc., shall be shown on the plans Division
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 points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
11 Prior to commencing operation of any office, retail, restaurant, or home Planning Department,
occupation businesses, valid business licenses shall be obtained from Business License
the Business License Division of the City of Anaheim. Division
12 Trash storage area(s) shall be refurbished and maintained in location(s) Public Works, Streets
acceptable to the Public Works Department, Streets and Sanitation and Sanitation Division
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.
13 Window signs shall not be permitted unless specifically approved by Planning Department,
the Planning Commission to allow for professionally applied Planning Services
historically accurate identification signage. Division
The availability of parking for this building shall be in conformance
14 with Code requirements. Based on the availability of one hundred Planning Department,
twenty-eight (128) parking spaces in the adjacent parking City-owned Planning Services
L_ I parking structure and a parking requirement of forty six (46) spaces... Division
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�7 1'
CONDITIONS A RESPONSIBLE
VEL DEPARTMENT
for the twenty one (21) approved residential units, the non-residential Community
uses shall not exceed a parking requirement of eighty-two (82) spaces. Development
Should additional Code-required parking be needed based upon the Department
future tenant mix of the office/retail/restaurant areas of the building,
additional parking may be made available and secured through an
agreement with the Community Development Department.
15 Any graffiti painted or marked upon the premises or on any adjacent area planning Department,
under the control of the property owner shall be removed or painted over Code Enforcement
within 24 hours of being discovered. Division
16 The applicant is responsible for paying all charges related to the planning Department,
processing of this discretionary case application within 30 days of the planning Services
issuance of the final invoice or prior to the issuance of building permits Division
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
17 The Applicant shall defend, indemnify, and hold harmless the City and planning Department,
its officials, officers, employees and agents (collectively referred to planning Services
individually and collectively as "Indemnitees") from any and all claims, Division
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include,but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
18 The subject property shall be developed substantially in accordance with planning Department,
plans and specifications submitted to the City of Anaheim by the planning Services
applicant and which plans are on file with the Planning Department, and Division
as conditioned herein.
19 Adequate lighting of parking lots, passageways, recesses, and grounds planning Department,
contiguous to buildings shall be provided with lighting of sufficient Code Enforcement
wattage to provide adequate illumination to make clearly visible the Division
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person, property,
and vehicles on-site.
20 Any future roof top patio/deck area shall be closed and secured at police Department,
10:00 p.m. seven days a week. Code Enforcement
Division
21 The facility shall be equipped with a comprehensive security alarm police Department
system (silent or audible) for the following coverage areas:
® Panic/Robbery alarm buttons for restaurants and
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
cashier/manager's office
High valued storage areas
22 Complete a Burglary/Robbery Alarm Permit application, Forrn APD 516, Police Department
and return it to the Police Department prior to initial alarm activation.
This form is available at the Police Department front counter, or it can be
emailed to applicant by contacting Officer Budds at
mbudds@anaheim.net.
A closed circuit television (CCTV) security system shall be installed,
23 with the following coverage areas: Police Department
® All Pedestrian Entrances
• Exterior view
• Interior view
• All Elevator lobbies
• All Stairwells
• Interior hallways
• Front Counter/Cashier's area
® Back of House haqwa
24 CCTV monitors and recorders shall be secured in a separate locked Police Department
compartment to prevent theft of, or tampering with, the recording.
With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older VHS
or"Tape"recording systems.
CCTV recordings should be kept for a minimum of 30 days before being
deleted or recorded over.
If used, CCTV videotapes should not be recorded over more than 10
items per tape.
If security cameras are not monitored, signs indicating so shall be placed
at each camera.
25 Rooftop address numbers for the police helicopter. Minimum size 4 feet Police Department
in height and 2 feet in width. The lines of the numbers are to be a
minimum of 6 inches thick. Numbers shall be spaced 12 to 18 inches
apart. Numbers shall be painted or constructed in a contrasting color to
the roofing material. Numbers shall face the street to which the structure
is addressed. Numbers are not to be visible from ground level.
26 Access Key/Card activated locked doors/gates shall be in place for all Police Department
pedestrian entrances to residential room hallways, stairwells and/or
elevators.
All exterior residential unit doors shall have adequate security hardware,
e.g. deadbolt locks.
Wide-angle peepholes or other viewing device shall be installed in solid
doors where natural surveillance is compromised.
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NO. CONDIII OITS OF APPROVAL RESPONSIBLE
DEPARTMENT
35 Any and all security officers provided on site shall comply with all State Police Department
and Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code.
36 There shall be no entertainment, amplified music or dancing permitted on Police Department
the premise at any time unless the proper pen-nits have been obtained
from the City of Anaheim.
37 Security measures shall be provided to the satisfaction of the Anaheim Police Department
Police Department to deter unlawful conduct of employees and patrons,
promote safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbances to the neighborhood by excessive
noise created by patrons entering or leaving the premises.
38 The business shall not employ or pen-nit any persons to solicit or Police Department
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. (Section 24200.5 Alcoholic
Beverage Control Act).
39 Managers and Owners of the establishment shall call the Department of Police Department
Alcoholic Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training for themselves and service
employees. The number is 714-558-4101.
The number of persons shall not exceed the maximum occupancy load as
40 Police Department
determined by the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an approved sign
near the main exit from the room. (Section 25.114(a) Uniform Fire
Code).
41 The door(s) shall be kept closed at all times during the operation of the Police Department
premises except in cases of emergency. Said door(s) not to consist
solely of a screen or ventilated security door.
The sale of alcoholic beverages for consumption off the
42 premises shall Police Department
be prohibited.
43 The restaurant shall be open no later than 12:00 midnight seven days a Police Department
week.
44 The business owner shall be responsible for maintaining free of litter the Police Department
area adjacent to the premises over which they have control.
45 The area around the building shall be provided with enough lighting to Police Department
illuminate and make clearly visible the presence of any person on or
about the premises during the hours of darkness and provide a safe,
secure environment for all persons, property, and vehicles on-site.
46 The business shall not be operated as a nightclub or bar. Police Department
The applicant shall police the area under their control in an effort to
47 prevent the loitering of persons about the premises. Police Department
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