Resolution-PC 2002-128~
RESOLUTION NO. PC2002-128
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2001-140
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04447
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-140, grant Conditional Use Permit No. 2001-04447 to permit conversion of an
existing office building to a mixed use development consisting of residential units and accessory office
and retail uses; and
WHEREAS, subject property is developed with the historically-significant Kraemer
Building which is undergoing conversion to the mixed use development approved in connection with this
conditional use permit, it is zoned CG (Commercial, General), the General Plan land use designation is
General Commercial, and the property is located within the Alpha Downtown Redevelopment Project
Area and the Anaheim Colony Historic District; and
WHEREAS, the petitioner requests amendment to subject use permit to revise the
approved exhibits and conditions of approval as they pertain to the residential penthouse unit; and that
the revised plan (Revision No. 1 of Exhibit No. 10), consisting of the revised penthouse floor, roof and
building efevation, indicates a 2-bedroom residential unit (originally approved for a 1-bedroom unit); and
that no changes are proposed for any of the lower floors; and
- W#€REAS,-tk~e City Planning Cammission_did hold_a_ public hearing at the Civic Center
in the City of Anaheim on July 15, 2002 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 the proposed amendments to Conditional Use Permit No.
2001-04447, and to investigate and make findings and recommendations in connection therewith; and
that the hearing was continued to the August 12, and September 9, 2002 Planning Commission meetings;
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 proposal to amend Resolution No. PC2001-140, adopted in connection with
Conditional Use Permit No. 2001-04447, is authorized by Anaheim Municipal Code Sections
18.03.030.010 and 18.03.091.
2. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the proposed modification for this mixed use project complies with the goals of the
Redevelopment Plan for the Alpha Downtown Redevelopment Project Area, which encourages the reuse
and revitalization of the downtown area and the preservation of historically-significant structures.
4. That the size and shape of the site for the use, as modified and as conditioned herein, 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.
5. That the traffic generated by the proposed use, as amended, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
Tracking No. CUP2002-04566
CR5449DM.doc -1- PC2002-128
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6. That amending the 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.
7. That the proposed modifications, including the imposition of additional conditions thereto,
is reasonably necessary to protect the public peace, health, safety or general welfare.
8. 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 modify the previously-approved exhibits and the
conditions of approval for a mixed use historical building with residential units and accessory office and
~etail uses on property consisting of 0.09-acre located at the northeast corner of Center Street and
Claudina Street, having frontages of approximately 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 find that the Negative Declaration previously approved in connection with Conditional
Use Permit No. 2001-U4447 is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the previously approved 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 Ciry Planning Commission
- -does hereby-a~end Resolu~io~ No: -P-E~~01-'140,-adopted-in_connection_with C.onditional_ Use Permit No:
2001-04447, to approve Revision No. 1 of Exhibit No. 10 pertaining to the residential penthouse unit, and
to amend the conditions of approval in their entirety, to read as follows:
1. That prior to commencing operation of any office, retail or home occupation businesses, the
following listed commercial uses shall be qrohibited on the subject property; that an unsubordinated
covenant, reviewed and approved by the City Attorney's Office so-prohibiting said uses, shal! 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
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(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.
(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) Managero.ent consultanfs. aod mana~ement compa_ nies
(30) Marketing research
(31) Medical and dental offices
(32) Personnel agencies
(33) Quality control analysis
(34) Restaurants: full-service, coffee shops, sandwich shops, and delicatessens
(35) Sales offices
(36) Secretarial and business services
3. That a maximum of twenty one (21) residential units (consisting of four (4) one-bedroom units and
seventeen (17) finro bedroom units) shall be permitted.
4. That the owner/developer of the property shall 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 Deveiopment in order to preserve aii
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 O~ce of the Orange
County Recorder.
5. That no unscreened roof-mounted equipment shall be permitted on the building.
6. 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 funcfion. The architectural design of the bridge shall be reviewed and approved by
both the Planning and Community Development Department staff.
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 Department.
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8. That any tree planted on-site shall be replaced in a timely manner in the event that such tree is
removed, damaged, diseased and/or dies.
9. (a) That atl public telephones shall be installed inside the building only.
(b) That no exterior vending machines, display or storage shall be permitted.
10. 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 finrenty
four (24) hours from time of occurrence.
11. 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.
12. That the landscape planters shall be permanently maintained with live and healthy plants.
13. That the location(s) 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 shail 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.
14. 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.
15. 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.
16. 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.
17. That final detailed landscaping and fencing plans showing landscaping enhancements and
recreationai amenities on the roof deck and within the ground ievei enciosed courtyard (inci~ding ti~e
provision 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.
18. That the availability of parking for this building shall be in cor~formance with Code r~quirements.
Should additional Code-required parking be needed based upon the tenant mix of the office/retail
area, additional parking shalt be made available and secured through an agreement with the
Community Development Department.
19. 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 six (46) spaces for
the twenty one (21) approved residential units, the non-residential uses shall not exceed a parking
requirement of eighty finro (82) spaces.
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20. That final detailed elevation plans indicating building colors and materials, including the screening
materials proposed for the telecommunication antennas on the roof, shall be submitted to the Zoning
Division and Community Development Department for review and approval by the Planning
Commission 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.
21. That the telecommunication antennas on the roof shall be completely screened from view from any
direction. In order to provide a`stealth' appearance, materials proposed to screen said antennas
shall match the color, type and materials of the existing building. Said information shall be
specifically shown on plans submitted for building permits.
22. 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, 2, 3, 4, 5, 6, 7, 8, 9 and Revision I of Exhibit No. 10,
and as conditioned herein.
23. 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. 2, 4, 6, 11, 13, 15, 17, 20 and 21, above-
mentioned, shall be complied with.
24. That prior to final building and zoning inspections, Condition Nos. 5 and 22, above-mentioned, shall
be complied with.
25. That_ap~roval of this application constitutes approval of the proposed request only to the extent that
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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.
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
September 9, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
.~~JLn..wr~.•+-a~o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
f IN WITNESS WHEREOF, I have hereunto set my hand this .2 y~ day of
r~n+dcr , 2002.
n- .~.~.~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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