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RESOLUTION NO. 2006-15
APPROVING VARIANCE REQUEST V AR 2006-19
AUTHORIZING A 12% NUMERCIAL PARKING VARIANCE
(418 SPACES REQUIRED - 368 SPACES PROVIDED) FOR THE
NA VLET'S GARDEN CENTER/ROSE GARDEN SHOPPING CENTER
(APN: 207~021-010; -011; & -021- 800 CAMINO RAMON)
WHEREAS, NA VLET'S GARDEN CENTERS, INC., BLAKE HUNT VENTURES
and CASTLE COMPANIES (Owners and Applicants) have requested approval of
Variance request 2006-19 to authorize an increase in the magnitude of the numerical
parking variance previously authorized through Town of Danville approval of
Planned Unit Development - Rezoning request PUD 2004-05 for the Navlet's
Garden Center IRose Garden Shopping Center; and
WHEREAS, the subject site is the northern 7.3+1- acre portion of the Navlet's
Garden Center property located at southeast corner of the intersection of Sycamore
Valley Road and Camino Ramon and is further identified as Assessor's Parcel
Numbers 207-021-010; -011; & -021; and
WHEREAS, the original project approval granted March 2005 authorized a 5.9%
parking variance (402 spaces required - 378 spaces provided), representing a
significantly lower magnitude numerical parking variance for the shopping center
when compared to other comparable sized shopping centers in the area which
typically have settled into a commercial tenant mix that converts to a range of 12%
to 18% variance to the strict application of the numerical parking requirements in
the Danville Municipal Code; and
WHEREAS, the 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 strict
application of the Town's numerical parking standards) to 329 parking spaces after
shared trip loff-set peak hour demands are factored into the parking need; and
WHEREAS, the conversion from project architectural-detail drawings to project
construction-detail drawings resulted in minor refinements to building locations
and building sizes in the shopping center and, reflecting refinements to the parking
and circulation layout, resulted in a reduction in the number of on-site parking
spaces from 378 spaces to 368 spaces; and
PAGE 1 OF RESOLUTION NO. 2006-15
WHEREAS, overall, the construction-detail drawings reflect a square footage
increase in the shopping center of 4,037 square feet, taking the size of the shopping
center to 114,766 square feet (a 3.6% increase from the architectural-detail drawings)
and taking the total project numerical parking demand from 402 spaces to 418
spaces; and
WHEREAS, the 16 parking space increase in shopping center parking demand,
when coupled with a loss of ten on-site parking spaces, increases the numerical
parking variance necessary for the shopping center from 24 spaces (5.9%) to 50
spaces (12.0%); and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 11, 2006; and
WHEREAS, the requested numerical parking variance request is exempt from the
requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the 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 the Variance request V AR 2006-19; 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
RESOL VED that the Planning Commission of the Town of Danville approves
Variance request V AR 2006-19, authorizing the size of the approved Navlet's
Garden Center/Rose Garden Shopping Center to increase by 4,037 square feet
(taking the size of the center up to 114,766 square feet) and authorizing a 12%
numerical parking variance to be observed for the shopping center (418 spaces
required - 368 spaces provided) 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
PAGE 2 OF RESOLUTION NO. 2006-15
Development District zoning designation. The magnitude of the requested
numerical parking variance (a 50-parking space parking variance with 368
spaces proposed to be provided and 418 spaces required under the strict
interpretation of the parking regulations) is at the lower end of the spectrum
of numerical variances in place for Danville shopping centers of similar size
and comparable tenant mix.
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 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.
I
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.
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 a successful and
vibrant shopping center.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with prior to
the issuance of building permits 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 AR 2006-19 involving the 7.3+ / - acre
commercial portion of the Navlet's/Rose Garden project, located at 800
Camino Ramon. Site development reflective of this variance approval shall
be substantially as shown on the project drawings labeled "Improvement
PAGE 3 OF RESOLUTION NO. 2006-15
Plans Rose Garden - Signing and Striping Plan," consisting of one sheet as
prepared by Ruggeri Jensen Azar & Associates Engineers, Planners &
Surveyors and dated May 26, 2006.
2. This entitlement includes the approval of a numerical parking variance for
the commercial portion of the project, allowing a maximum 50 parking space
reduction from the aggregate parking requirement for the full range of
proposed commercial uses (418 spaces required and 368 spaces proposed -
equating to a 12.0% numerical parking variance).
3. The distribution of commercial spaces, by building location and by use type,
shall be substantially as depicted in Exhibit I of the Planning Commission
Staff Report dated July 11, 2006 for Variance request V AR 2006-19 entitled
"Navlet's Garden Center/Rose Garden Shopping Center - Modified Tenant
Mix and Project Parking Demand by Building and Use Categories", modified
as necessary and appropriate to reflect a 368 parking space count and to limit
the mix of compact-sized parking to a maximum of 19% of the total parking
spaces and a maximum of 15% of the parking contained within the main field
of customer parking.
4. The developer shall prepare and submit a draft parking management
agreement for Planning Division review and approval that will serve to
require project office and retail employees and business owners 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.
5. Within thirty days of the effective date of this permit (i.e., prior to August 21,
2006) the applicant shall submit a completed land use permit and variance
application form to the Town and shall make payment of the $916.00
application fees associated with these permits.
6. Within thirty days of the effective date of this permit (i.e., prior to August 21,
2006) 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 $192.00 (256 notices X
$0.75 per notice).
7. This permit is revocable for cause as established by Section 30-4.11 of the
Danville Municipal Code.
PAGE 4 OF RESOLUTION NO. 2006-15
APPROVED by the Danville Planning Commission at a regular meeting on July II,
2006, by the following vote:
A YES:
NOES:
ABSTAINED:
ABSENT:
RECUSED:
- Combs, Condie, Morgan, Storer
- Graham, Moran, Osborn
- Nichols
~
Chairman
APPROVED AS TO FORM:
~4-
City Attorney
PAGE 5 OF RESOLUTION NO. 2006-15