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HomeMy WebLinkAbout2006-15 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