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RESOLUTION NO. 2009-09
APPROVING VARIANCE REQUEST V AR09-0004
AUTHORIZING A 27.2% NUMERCIAL PARKING VARIANCE
(506 SPACES REQUIRED - 368 SPACES PROVIDED) FOR THE
ROSE GARDEN SHOPPING CENTERfNA VLET'S GARDEN CENTER
(APN: 207-021-030; -031 - 700 CAMINO RAMON)
WHEREAS, ROSE GARDEN ASSOCIATES DANVILLE LLC and BERTOLERO
DEVELOPMENT CORPORATION, INC. (Owners) and BLAKE HUNT VENTURES
(Applicant) have requeste4 approval of Variance request V AR09-0004 to authorize an
increase in the magnitude of the numerical parking variance previously authorized
through Town of Danville approval of Planned Unit Development - Rezoning approval
PUD04-0005 and revised by Variance approval V AR06-00l9 for the Rose Garden
Shopping CenterfNavlet's Garden Center; and
WHEREAS, the applicant requested a 27.2% numerical parking variance while Town
staff recommended a 23.2 % numerical parking variance; and
WHEREAS, the subject site is the northern 7.3+ f - acre portion of the Rose Garden
Shopping CenterfNavlet's Garden Center property located at the southeast corner of
the intersection of Sycamore Valley Road and Camino Ramon and is further identified
as Assessor's Parcel Numbers 207-021-030; -031; and
WHEREAS, the original project approval granted March 2005 authorized a 5.9%
parking variance (402 spaces required - 378 spaces provided) and the subsequent
project approval granted July 2006 authorized a 12% parking variance (418 spaces
required - 368 spaces provided), which represents a lower magnitude numerical
parking variance for the shopping center when compared to other comparably sized
shopping centers in the area which typically have settled into a commercial tenant mix
that converts to a range of 12% to 16% variance to the strict application of the numerical
parking requirements in the Danville Municipal Code; and
WHEREAS, the original project traffic impact study (Rose Garden Specialty Retail Center
Traffic Impact Study, Final Report dated November 2004) indicated that the amount of on-
site parking proposed to be supplied should be sufficient given that shared parking
considerations would arguably lower the overall parking demand in the commercial
portion of the project from 402 parking spaces (based on the initial approved mix of
uses) to 329 parking spaces after shared tripf off-set peak hour demands are factored
into the parking need; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on May 26, 2009; and
WHEREAS, the Planning Commission determined that a 27.2% numerical parking
variance was appropriate for the center based on its isolation and self-containment from
other commercial areas, the proposed mix of uses that promote shared and off-peak
parking demands, the proximity of the center to the Town-owned Park & Ride facility,
and with the center being relatively new and not yet established; and
WHEREAS, the 88 parking space increase in shopping center parking demand
increases the numerical parking variance necessary for the shopping center from 50
spaces (12.0%) to 138 spaces (27.2%); and
WHEREAS, the requested numerical parking variance request has been determined to
be Categorically Exempt from the requirements of the California Environmental Quality
Act (CEQA), Section 15305; and
WHEREAS, public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve Variance request V AR09-0004; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves Variance
request V AR09-0004, authorizing a 27.2% numerical parking variance for the Rose
Garden Shopping Center/Navlet's Garden Center (506 spaces required - 368 spaces
provided) associated with non-retail tenants with higher parking demands occupying
spaces previously approved for retail and makes the following findings in support of
this action:
FINDINGS OF APPROVAL
1. This numerical parking variance does not constitute a grant of special privilege
inconsistent with the limitations on similarly sized shopping center properties in
the community carrying the same P-1; Planned Unit Development District
zoning designation. The magnitude of the requested numerical parking variance
(a 138-space parking variance with 368 spaces proposed to be provided and 506
spaces required under the strict interpretation of the parking regulations) is
comparable to other numerical variances in place for Danville shopping centers
of similar size and tenant mix.
PAGE 2 OF RESOLUTION NO. 2009-09
2. Because of the following special circumstances applicable to this specific
property, strict application of the applicable zoning regulations would deprive
the subject property of rights enjoyed by commercial centers:
a. The magnitude of the requested variance is supported by the findings of
the original project traffic impact study (Rose Garden Specialty Retail Center
Traffic Impact Study, Final Report dated November 2004) which
determined that the size and tenant mix of the shopping center convert to
a parking space need of as few as 329 parking spaces, after shared
trip/ off-set peak hour parking demands are considered. This represents a
73-space "shared parking credit" (402 spaces were required at the time of
the study based on the Town's numerical parking standards).
b. The shopping center is obligated through the project conditions of
approval for PUD 2004-05 to develop and implement a parking
management agreement with the goal of managing parking resources
present at the center, to maximize the availability of customer parking and
to direct employer and employee parking to remote/low utilization
parking areas in the center.
c. The Rose Garden Shopping Center/Navlet's Garden Center is isolated
from other commercial areas and self-contained, the proposed mix of uses
for the center promote shared and off-peak parking demands, the center is
within close proximity to the Town-owned Park & Ride facility, and the
center is relatively new and not yet established.
3. This variance is in substantial conformance with the intent and purpose of the
P-1; Planned Unit Development District zoning designation in which the
property is located since the variance allows for an efficient utilization of the
subject property and will facilitate the development of the shopping center.
CONDITIONS OF APPROV AL
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of planning entitlements for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
1. This approval is for Variance request V AR09-0004 involving the 7.3+/- acre
commercial portion of the Rose Garden Shopping Center/Navlet's Garden
Center, located at 700 Camino Ramon.
2. This entitlement includes the approval of a numerical parking variance for the
commercial portion of the project, allowing a maximum 138 parking space
PAGE 3 OF RESOLUTION NO. 2009-09
reduction from the aggregate parking requirement for the full range of proposed
commercial uses (506 spaces required and 368 spaces proposed - equating to a
27.2% numerical parking variance).
3. The property manager shall further develop the parking management agreement
for Planning Division review and approval that will serve to require employers
and employees to park outside the central project parking area serving the
commercial portion of the project. The approved agreement shall be
incorporated into all commercial lease agreements for the project.
4. Within thirty days of the effective date of this permit (i.e., prior to June 26,2009)
the applicant shall reimburse the Town for costs incurred to notify surrounding
neighboring residents and interested parties of the proposed variance permit.
The reimbursement amount shall be $758.28 ($110.00 plus 172 notices X $0.83 per
notice X 3).
5. This permit is revocable for cause as established by Section 30-4.11 of the
Danville Municipal Code.
APPROVED by the Danville Planning Commission at a regular meeting on May 26,
2009, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
RECUSED:
Overcashier, Morgan, Nichols, Combs, Storer, Attwood, Radich
Antoun
;?~ ~/
.
Chairman
APPROVED AS TO FORM:
OL4J/Z ~,
City Attorney >
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C ief of PI ing
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