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Resolution-PC2026-005RESOLUTION NO. PC2026-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A PARKING VARIANCE TO PERMIT FEWER PARKING SPACES THAN REQUIRED BY CODE IN AN EXISTING OFFICE BUILDING AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2025-00035) (300 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a parking variance to permit fewer parking spaces than required by Code in an existing office building (the "Proposed Project") on certain real property located at 300 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.84 acres in area and is developed with an office building. The Property is designated for Mixed -Use High land uses in the General Plan. The Property is in the "O-L" Low Intensity Office Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, a parking variance is subject to approval by the Planning Commission pursuant to Subsection .010 of Section 18.42.110 (Parking Variances); 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 Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2025, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith. The Planning Commission continued the public hearing to January 12, 2026, at 5:00 p.m.; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2026, at 5:00 p.m., to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 — Existing Facilities. The Proposed Project is a request to permit fewer parking spaces than required by Code for new medical office uses in an existing office building, and operation will be consistent with historic levels of operation on the subject property. Pursuant to Section 15301 and 15300.2 of the CEQA Guidelines, no exceptions to the exemption apply, there are no unusual circumstances in respect to the Proposed Project that will cause 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 for a parking variance, does find and determine the following facts: SECTION 18.42.040.010 Minimum Number of Parking Spaces (496 spaces required; 396 spaces proposed) 1. The variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation. The applicant's parking analysis and utilization counts show that, with the building at approximately 65% occupancy, peak parking demand is 85 spaces. This represents a fraction of the available supply and demonstrates that 311 spaces remain unused during peak periods. The site therefore has a substantial surplus of parking capacity under existing conditions. In addition, several areas within the building generate little to no daily parking demand relative to their floor area. These include basement storage areas, suites that function as unmanned server or data center rooms, and a second -floor area that is required to remain vacant pursuant to a long-term agreement with Bank of America. Although these areas are counted within the gross floor area of the building, they do not house typical office employees or regular visitors and therefore do not reasonably contribute to parking demand. These low demand and no demand spaces further reduce the effective parking need for the building and increase the margin by which the existing supply of 396 spaces exceeds the number of spaces needed to serve the actual operations on site. The proposed medical office tenants will be limited to practices that operate by scheduled appointments and that provide testing, therapy, and procedures that require extended visits rather than short duration visits typical of urgent care or walk in primary care clinics. These long appointments reduce the rate at which vehicles enter and leave the site and result in lower hourly parking turnover. Many patients will be dropped off and picked up by family members or caregivers or will arrive using rideshare services, further reducing the number of vehicles that must be parked on site at any given time. The 50 parking spaces to be made available to Vibrant Minds are drawn from the documented surplus and are located entirely within the existing structure_ Even assuming those - 2 - PC2026-005 spaces are fully occupied during school hours, an effective supply of 346 spaces will remain available to serve the office and medical tenants, which is consistent with the general office parking standard for the building and well above the observed peak demand. Given the documented surplus of existing parking, the presence of building areas that do not generate parking demand, the conservative treatment of the Vibrant Minds spaces, and the operating characteristics of the proposed medical office uses, staff believes that the existing supply of 396 parking spaces will be adequate to accommodate all vehicles attributable to the proposed use under normal and reasonably foreseeable conditions. The variance will therefore not cause fewer off street parking spaces to be provided than are necessary for the Proposed Project. 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. All employee and patient parking for the proposed medical office tenants will continue to be accommodated within the existing structured and surface parking facilities on site. As previously described, current peak utilization is approximately 85 vehicles, which is significantly lower than the total available supply. Even with the introduction of the proposed medical office uses and the dedication of 50 spaces to Vibrant Minds, the combination of the large on -site surplus and the appointment -based nature of the tenants will allow all parking to be accommodated within the on - site facilities. The medical offices will focus on testing, therapy, and procedures with scheduled appointments and longer visit durations, which produce a steady and moderate parking demand rather than short duration, high turnover patterns associated with urgent care or walk in clinics. Because the on -site parking supply, after accounting for the school agreement, will continue to exceed the reasonably anticipated demand generated by the proposed uses, there will be no need for employees, patients, or school staff to seek parking on nearby public streets. Therefore, the variance will not increase demand or competition for parking spaces upon the public streets in the immediate vicinity of the project site. 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The existing parking structure and associated on -site parking areas function as a self-contained facility that is dedicated to the Bank of America Tower and its tenants. The proposed medical office uses will utilize the existing on -site parking supply. The project does not rely upon parking located on neighboring private properties. The only shared parking arrangement is the existing agreement with Vibrant Minds charter school, which involves spaces within the subject property's own parking structure and is through a separate agreement. There is no dependence on off -site private parking lots that are not committed to serve the building. Given the substantial surplus of on -site parking, even after reserving spaces for Vibrant Minds, and the appointment based operating characteristics of the proposed medical uses, staff does not anticipate that employees or patients will need to park on adjacent private properties that are not expressly provided as parking for the project. Accordingly, the variance will not result in increased demand or competition for parking on nearby private properties 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. The parking structure and drive aisles were originally designed to accommodate a higher level of activity and have - 3 - PC2026-005 historically operated with substantial unused capacity. Utilization data indicates that only a portion of the lower levels of the structure are occupied at peak times, while upper levels remain largely unused. The conversion of a portion of the building to medical office uses will not change the configuration of the parking structure, the location of drive aisles, or the number or placement of driveway connections. The proposed medical offices will operate entirely by scheduled appointments for testing, therapy, and procedures of extended duration. This operating model spreads arrivals and departures throughout the day and avoids intensive short-term parking turnover that can contribute to internal congestion. Many patient trips will involve drop-off and pick-up activity rather than all day parking, further reducing the number of vehicles parked on site at any one time. The 50 spaces dedicated to Vibrant Minds will be used primarily during school start and end times and are located within the same circulation system that currently operates with significant reserve capacity. The school's use of these spaces will replace a portion of the underutilized surplus rather than create new congestion within the structure. Because the existing circulation system is adequate for a higher level of use than the site currently experiences and the project will continue to operate with a significant surplus of stalls, staff believes that the variance will not increase congestion within the off-street parking areas or lots provided for the proposed use. 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Vehicular access to the site will remain unchanged, using existing driveways that connect to the surrounding street system. No new driveways or access points are proposed, and no modifications are proposed to the configuration or operation of existing driveways. The shared parking arrangement with Vibrant Minds draws from the existing on -site supply and does not introduce new driveways or circulation patterns. School related traffic will be concentrated around short morning and afternoon periods and will be managed within the existing access configuration. Because the proposed medical office uses and the school parking arrangement will generate predictable patterns of arrivals and departures and will not alter site access, the project will not create queues that extend into the public right of way or interfere with driveways serving adjacent properties. Therefore, the variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; and WHEREAS, this 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 negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2026-005 NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the parking variance, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the parking variance is applicable 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 (Extension of Time to Comply With Conditions of Approval) 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, (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 permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2026. 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. ATTEST: CHAPPERSON, PL4NNING COMMISSION OF THE CITY OF A14AHEIM - 5 - PC2026-005 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2026-005 APN: 036-201-17 EXHIBIT "A" DEV NO. 2025-00035 A rn ttio Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -!j - 7 - PC2026-005 EXHIBIT "B" PARKING VARIANCE (DEV2025-00035) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 The medical offices approved under this entitlement shall be Planning and Building limited to medical or clinical uses that operate exclusively on a Department, scheduled, appointment -based basis and that provide outpatient Planning Services Division services only, including but not limited to diagnostic testing, therapy, infusion, rehabilitation, or similar services with extended visit durations. These uses shall be consistent with the long duration, appointment -based outpatient services described in the approved Applicant's Parking Narrative and staff report for Development Application No. 2025 00035. The use shall not function as, nor be converted to, an urgent care facility, walk in clinic, emergency medical provider, hospital, dental or orthodontic clinic, high turnover imaging center, or any other medical use characterized by unscheduled or emergency arrivals, unknown or extended wait times, or high patient turnover. Any change in use that does not conform to these limitations shall require an amendment to this entitlement, as determined by the Planning and Building Director. The property owner shall include these limitations in all lease agreements for medical tenants within the floor area approved under this entitlement and shall provide copies of such lease provisions to the Planning and Building Department upon request. 2 The business shall be operated in accordance with the Planning and Building Applicant's Parking Narrative submitted as part of this Department, application. Any changes to the business operation as described Planning Services Division in these documents shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 3 Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, new landscaping shall be installed by the owner/developer in I Planning Services Division - 8 - PC2026-005 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. 4 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "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, 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. 5 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Division Building Department, and as conditioned herein. 6 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits 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. - 9 - PC2026-005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Angeli Penalba, 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 January 12, 2026, by the following vote of the members thereof: AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez, and Tran-Martin. NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of January 2026. \Y, _. SEC RY, PIA ING COMMISSION OFT E CITY OF ANAHEIM - 10 - PC2026-005