Resolution-PC 2019-024RESOLUTION NO. PC2019-024
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2018-05965 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2018-00038)
(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 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, June 15, 2015, and subject to certain conditions of approval, the Planning
Commission by its Resolution No. PC2015-041, approved an additional amendment to the
Original CUP to convert the residential units into short-term rental units and to allow restaurants
with or without outdoor dining and sale of alcoholic beverages for on-site consumption to the list
of permitted uses within the existing mixed use building; and
WHEREAS, the Original CUP and the subsequent amendments shall be referred to herein
collectively as the "Previous CUP." The conditions of approval which were subject of the Previous
CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition for Conditional Use
Permit No. 2018-05965 to convert the existing residential units that are currently permitted to be
operated as short-term rental use and portions of existing office spaces within the existing mixed-
use building into a hotel with full kitchen facilities (the "Proposed Project") at the Property; and
WHEREAS, the Property is approximately 0.21 -acre in size and is designated as Mixed
Use in the Anaheim General Plan Land Use Element. The Property is currently zoned "C -G"
General Commercial. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (Commercial Zones) of the Code; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 29, 2019 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
hear and consider evidence for and against the Proposed Project, including, specifically,
Conditional Use Permit No. 2018-05965, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the 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 "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission also finds and determines that the effects of the
proposed hotel use is typical of those generated within that class of projects (i.e., Class 1 — Existing
Facilities), which consists of the repair, maintenance, and/or minor alteration of existing public or
private structures or facilities, involving negligible or no expansion of existing or former use. The
proposed project consists of allowing a hotel use within an existing building, which has similar
characteristics as the short-term rental use that the subject site is already permitted to operate.
Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there
are no unusual circumstances in respect to the proposed project for which staff would anticipate a
significant effect on the environment and, therefore, the proposed project is categorically exempt
from the provisions of CEQA; 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 with respect to the request to permit the Project on the Property does find and determine
the following facts:
1. The Proposed Project is an allowable use within the "C -G" General Commercial
Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial
Zones) of the Code, subject to a conditional use permit and the zoning and development standards
of the "C -G" General Commercial Zone, subject to finalization of Zoning Code Amendment No.
2019-00159 (effective May 16, 2019) to permit "Hotel, Full Kitchen Facilities" by conditional use
permit; and
2. The proposed request would 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 proposed
hotel use is appropriate for the site, will not cause any significant impact to the surrounding areas,
and is consistent with the character of the surrounding neighborhood. In addition, the proposed
hotel use would provide a unique lodging opportunity to visitors, adding to the City's tourism
economy in the downtown area; and
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3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to either the particular area or health and safety in
that the proposed hotel use would be located within the existing building without any increase in
square footage and the number of parking spaces being provided in the adjacent City owned
parking structure complies with Code requirements; and
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area since the
proposed hotel use has similar traffic demand as the existing short-term rental use and will not
exceed the anticipated volumes of traffic on the surrounding streets; and
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim in that the Proposed Project would provide an unique
type of temporary lodging to visitors, designed to be compatible with the existing building and
surrounding properties, subject to compliance with the conditions contained herein.
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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2018-05965, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto referred to as "New Conditions of Approval"
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the Property 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
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 and Building Director upon a showing of
good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition(s), (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, effective upon the effective date of this Resolution,
the New Conditions of Approval hereby amend and replace the Previous Conditions of Approval
in their entirety. All references to the conditions of approval for Conditional Use Permit No. 2018-
05965 shall be to the New Conditions of Approval attached to this Resolution as Exhibit B, which
shall control and govern the conditional use permit.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit 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.
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BE IT FURTHER RESOLVED that the 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.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2018-05965
shall be contingent upon the effective date of City Council Ordinance No. 6461.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 29, 2019. 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.
CHAIR SON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 April 29, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 29h day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
HEV NO. 2018-00038
m
PC2019-024
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05965
(DEV2018-00038) .
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO COMMENCING OPERATION OF THE HOTEL USE
1
All existing residential uses, including the short-term rental use, shall be
terminated. The property owner shall submit a notarized statement
Planning and Building
demonstrating termination of the existing residential use. The property
Department,
owner/developer shall be responsible for ensuring that all existing residential
Planning Services
leases are terminated in accordance with all applicable City, State, and
Division
Federal Laws.
2
The property owner/developer shall submit a written request to: 1) terminate
Planning and Building
all existing Short Term Rental Permits issued for the subject property; and 2)
Department,
terminate all previously approved conditional use permits. All existing Short
Planning Services and
Term Rental Permits and Previous CUP's must be fully withdrawn and
Business License
terminated on record before commencing operation of the hotel use.
Divisions
3
Planning and Building
Submit a request to re -address the existing building, terminating all existing
Department,
residential addresses.
Planning Services
Division
4
The property owner/developer shall coordinate with Electrical Engineering to
Public Utilities
establish electrical service requirements and submit electric system plans,
Department,
electrical panel drawings, site plans, elevation plans, and related technical
Electrical Engineering
drawings and specifications, if required.
Division
5
The property owner/developer shall notify the Public Works Department,
Public Works
Operations Division to finalize the conversion of the sanitation services to a
Department,
commercial account.
Operations Division
PRIOR TO ISSUANCE OF BUILDING PERMIT
6
The property owner shall irrevocably offer to dedicate to the City of Anaheim
the following:
Public Works
• Center Street and Claudia Street as outlined on the site plan.
Department,
• Plat and legal documents shall be submitted to Public Works
Development Services
Department, Development Services Division staff for review and
Division
approval.
7
Street improvements plan shall be submitted for all impacted and interior
streets/facilities in accordance with the City Code, Standards and
Public Works
Specifications. Such improvements may include, but not be limited to,
Department,
sidewalk upgrades, curb and gutter replacements, driveway approach
Development Services
replacement, pavement replacement/upgrades, landscaping and irrigation,
and Traffic Engineering
installation of new trees, Code required loading zone along Claudina Street.
Divisions
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
A Right -of -Way Construction Permit shall be obtained from the Public
Public Works
Works Department, Development Services Division for all work performed
Department,
in the public right -of --way.
Development ServicesDivision
9
All requests for new water services, backflow equipment, or fire lines, as well
as any modifications, relocations, or abandonments of existing water services,
Public Utilities
backflow equipment, and fire lines, shall be coordinated and permitted
Department,
through Water Engineering Division of the Anaheim Public Utilities
Water Engineering
Department.
10
The property owner/developer shall coordinate with Electrical Engineering to
Public Utilities
establish electrical service requirements and submit electric system plans,
Department,
electrical panel drawings, site plans, elevation plans, and related technical
Electrical Engineering
drawings and specifications.
Division
11
The location(s) for future above -ground utility devices including, but not
limited to, electrical transformers, water backflow devices, gas,
Planning and Building
communications and cable devices, etc., shall be shown on the plans
submitted for building permits. Said plans shall also identify the specific
Department,
screening treatment of each device (i.e., landscape screening, color of
Planning Services
Division
walls, materials, identifiers, access points, etc.) and shall be subject to the
review and approval of the appropriate City departments.
12
All exterior modifications, including design of the future penthouse unit, shall
adhere to the property's Mills Act Contract requirement and the U.S.
Planning and Building
Secretary of the Interior's Standards for Rehabilitation, and must be reviewed
Department,
by the Planning Services Division, including the City's Historic Preservation
Planning Services
staff.
Division
13
Appropriate improvement plans must be submitted to the Planning Services
Planning and Building
Division for review and approval for any future tenant improvements,
Department,
including, but not limited to, future coffee shop, restaurant, and outdoor
Planning Services
dining.
I Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
14
All required fees and deposits required by Public Works department must be
Public Works
paid in full (e.g. Sewer Impact and Improvement Fee, Traffic Impact Fee,
Department,
etc.).
Development Services
Division
15
Public Works
All required public improvements shall be constructed/completed by the
Department,
applicant, inspected and accepted by Construction Services.
Development Services
Division
GENERAL
16
The following listed commercial uses shall be prohibited on the subject
property.
a. Bars, nightclubs, and public dance halls
Planning and Building
b. Arcades
Department,
C. Liquor stores
Code Enforcement
d. Pawnshops
Division
e. Laundromats available to the general public
f. Tattoo parlors
g. Dry cleaning establishments with on-site dry cleaning
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
h. Churches
i. Sex oriented businesses
j. Banquet halls
k. Fast food restaurants
1. Massage parlors
in. Short-term rental units
The permitted commercial uses shall be limited to the following listed uses
or such other uses as may be approved by the Planning Commission:
a. Accounting, bookkeeping, CPA firms, and temporary CPA firms
b. Advertising
C. Alcoholic beverages sales for on -premises consumption
accessory to a permitted restaurant use, with an approval of a
Minor Conditional Use Permit
d. Antique shops
e. Appraisers
f. Art, music and photography studios
g. Bakeries
h. Banks and financial firms
i. Barbers, beauty shops, and nail salons
j. Book Stores
k. Brokers: real estate, business opportunities, etc. Business systems
companies
1. Business/trade school and training center
in. Clothing and shoe stores
n. Communication consultants
o. Computer analysis firms
p. Confectionery and candy stores
q. Credit reporting agencies
r. Designers: industrial, interior, graphic
S. Development companies
t. Drugstores and pharmacies
U. Dry cleaning (drop-off and pick-up convenience center without
on-site dry cleaning)
V. Facility maintenance and planning
W. General professional business offices
X. Hobby shops
y. Hotels, with or without full kitchen facilities
Z. Insurance companies and agencies
aa. Inventory services
bb. Jewelry stores
cc. Leasing companies
dd. Management consultants and management companies
ee. Marketing research
f£ Medical and dental offices
gg. Personnel agencies
hh. Quality control analysis
ii. Restaurants: full-service and/or take-out (including a coffee shop),
with or without outdoor dining
jj. Sales offices
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
kk. Secretarial and business services
An unsubordinated covenant shall be prepared by the property owner, at his/her
sole cost and expense, specifying the prohibited and permitted uses listed above.
Such covenant shall be reviewed and approved by the City Attorney prior to
recordation in the Official Records of the County of Orange, and shall be
recorded prior to commencement of the hotel use. A copy of the recorded
covenant shall be submitted to the Planning Services Division.
17
Planning and Building
The availability of parking for this building shall be maintained in
Department,
conformance with Code requirements. Should additional Code -required
Planning Services
parking be needed based upon the future tenant mix of all uses in the
Division
building, the property owner/developer must secure additional parking spaces
through an agreement with the Community and Economic Development
Community
Department.
Development
Department
18
The hotel use shall be operated in accordance with the Letter of Operation
submitted as part of this application. Any changes to the business operation
planning and Building
and the hotel amenities as described in the Letter of Operation shall be subject
Department,
to review and approval by the Planning and Building Department Director to
planning Services
determine substantial conformance with this permit.
Division
19
The property owner/developer shall obtain all necessary approvals from the
City's Historic Preservation staff, for any proposed alterations to the building
(both interior and exterior) or the property, which may include, but not limited
planning and Building
to, window or door replacements, changes to hardscape or building additions.
Department,
All exterior modifications shall adhere to the property's Mills Act Contract
Planning Services
requirements and the United States Secretary of the Interior's Standards for
Division
Rehabilitation.
20
Planning and Building
A maximum of 24 guest rooms shall be permitted on the property.
Department,
Planning Services
Division
21
Prior to issuance of a building permit for any future uses that results in
Public Works
increase in discharge to the City's sewer system, the property
Department,
owner/developer shall submit a sewer study for review and approval of the
Development Services
City Engineer.
Division
22
Planning and Building
No unscreened roof -mounted equipment shall be permitted on the building.
Department,
Code Enforcement
Division
23
All future signage shall be reviewed and approved by the Planning Services
Planning and Building
Division to ensure compliance with all Municipal Code and design guideline
Department,
requirements.
Planning Services
Division
24
All landscaping shall be maintained in perpetuity in conformance with
Planning and Building
Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code.
Department,
Landscaping shall be replaced in a timely manner in the event that it is
Code Enforcement
removed, damaged, diseased and/or dead.
Division
- 10 - PC2019-024
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
25
Prior to commencing operation of any commercial business, valid
Planning and Building
business licenses shall be obtained from the Business License Division of
Department,
the City of Anaheim.
Business License
Division
26
Trash storage area(s) shall be maintained in location(s) acceptable to the
Public Works Department, Operations 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
Public Works
adjacent streets or highways. The walls of the storage area(s) shall be
Department,
protected from graffiti opportunities by the use of plants such as minimum
Operations Division
one (1) gallon sized clinging vines planted on maximum three (3) foot
centers, or tall shrubbery.
27
Window signs shall not be permitted unless specifically approved by the
Planning and Building
Planning Director to allow for professionally applied, historically accurate
Department,
identification signage.
Planning ServicesDivision
28
Any graffiti painted or marked upon the premises or on any adjacent area
Planning and Building
under the control of the property owner shall be removed or painted over
Department,
within 24 hours of being discovered.
Code Enforcement
Division
29
Any future roof -top patio/deck area shall be limited to the guests of the future
penthouse unit and shall be protected with a minimum of 4 -foot high
police Department
perimeter fencing. Such roof -top patio/deck area shall not be used for events,
banquets, or non -hotel guests.
30
All electrically operated gates providing emergency vehicle access to the
hotel (if any) shall include the installation of an electronic access system
Police Department
which allows for the use of a public safety radio frequency to open the gate.
31
The building shall be equipped with a comprehensive security alarm system
for the following areas:
• Robbery/Panic Alarm at Retail Space, Cashier Areas
• Robbery/Panic Alarm at Cashier/Front Desk area.
• Robbery/Panic Alarm at Restaurant/Coffee Bar Cashier area.
• High Valued Storage Areas
Police Department
Once ready, complete a Burglary/Robbery Alarm Permit application, Form
APD 516, 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 downloaded from the following web site:
hlt 2://www.anaheim.net/article.asp?id=678
32
Install a comprehensive closed circuit television (CCTV) security system,
with the following coverage areas.
• Interior lobby entrances
• Building perimeters
• Parking lots
• Fixed position cameras directed towards the street entrances/exits
Police Department
of each parking lot to capture license plates of vehicles entering
and exiting the property.
• Exterior pedestrian entrances
• Stairwells (if applicable)
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• Interior hallways (if applicable)
• Retail space
• Cashier/Safe areas/Front Desk Areas
• Restaurant and Coffee Bar
33
Install rooftop address numbers for the police helicopter - minimum size 4
feet in height and 2 feet in width. The lines of the numbers are to be a
minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart.
Numbers should be painted or constructed in a contrasting color to the roofing
Police Department
material. Numbers should face the street to which the structure is addressed.
Numbers are not to be visible from ground level. Also, a complex map shall
be provided in electronic form to the Anaheim Police Department.
34
Coordinate with the Community and Economic Development Department to
ensure "No Trespassing 602(k) P.C." are posted at the entrances of parking
lots and located in other appropriate places (i.e., gathering points and access
points, bicycle parking, etc.) Signs must be at least 12 inches wide x 24 inches
police Department
high in overall size, with white background and black 2 inch lettering.
35
Coordinate with the Community and Economic Development Department to
ensure that all entrances to parking areas are posted with appropriate signs
per 22658(a) C.V.C. to assist in removal of vehicles at the property
Police Department
owner's/manager's request.
36
Coordinate with the Community and Economic Development Department to
ensure adequate lighting of parking lots, and circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings are be provided
with lighting of sufficient wattage to provide adequate illumination to 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,
Police Department
property, and vehicles on-site. Minimum recommended lighting level for
covered portions of all parking structures is 1 foot-candle maintained,
measured at the parking surface, with a maximum to minimum ratio no
greater than 10:1.
37
Address signs shall be well lighted during hours of darkness.
Police Department
38
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to individually
and collectively as "Indemnitees") from any and all claims, 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,
planning and Building
or to determine the reasonableness, legality or validity of any condition
Department,
attached thereto. The Applicant's indemnification is intended to include, but
planning Services
not be limited to, damages, fees and/or costs awarded against or incurred by
Division
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.
-12- PC2019-024
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
39
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and Building
final invoice or prior to the issuance of building permits for this project,
Department,
whichever occurs first. Failure to pay all charges shall result in delays in the
Planning Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
40
The Property shall be developed substantially in accordance with plans and
Planning and Building
specifications submitted to the City of Anaheim by the petitioner, which plans
Department,
are on file with the Planning Department, and as conditioned herein.
Planning Services
Division
- 13 - PC2019-024