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Home My WebLink About2006-17 RESOLUTION NO. 2006-17 APPROVING VARIANCE REQUEST V AR 2006-22 AUTHORIZING AN INCREASE IN THE MAGNITUDE OF THE NUMERICAL PARKING VARIANCE IN PLACE AT THE DANVILLE LIVERY & MERCANTILE SHOPPING CENTER (APN: 208-541-03; -04; -05; -07; -08; -10; & -11) WHEREAS, ASSET MANAGEMENT GROUP (Applicants) and DANVILLE LIVERY & MERCANTILE ASSOCIATES (Owners) have requested approval of Variance request V AR 2006-22 to authorize an increase in the magnitude of the numerical parking variance in place at the Danville Livery & Mercantile Shopping Center; and WHEREAS, the subject site is the developed 10.2+/- Danville Livery & Mercantile Shopping Center, located at the northwest comer of the intersection of San Ramon Valley Boulevard and Sycamore Valley Road West and further identified as Assessor's Parcel Numbers 208-541-03; -04; -05; -07; -08; -10; & -11; and WHEREAS, the Livery Shopping Center was built based on County-approved planning entitlements, secured prior to the Town of Danville's incorporation, with construction of the project occurring during the early to mid 1980's; and WHEREAS, over the course of the past two-plus decades, the Livery Shopping Center has experienced tenant changeovers resulting in a current mix of retail, restaurant, dine-in/ dine-out, office and personal service uses in the 110,OOO-plus square foot shopping center yielding a numerical parking demand, based on the parking regulations contained in the DBD - Downtown Business District, of 643.9 parking spaces; and WHEREAS, with 524 parking spaces currently present at the shopping center, the existing tenant mix is operating with a 119.9 space (18.6%) numerical parking variance; and WHEREAS, the applicants and owners seek authorization to convert two vacant tenant spaces in the shopping center, previously occupied with retail uses, for occupancy with commercial tenants with such conversion increasing the aggregate parking requirement for the shopping center; and WHEREAS, the proposed new tenants include a nail salon proposed in a 1,348 square foot vacant tenant space ("Pinkie's") and involve Luna Loca Restaurant, PAGE 1 OF RESOLUTION NO. 2006-17 which seeks authorization to increase its existing restaurant operation by 679 square feet through the absorption of an adjoining, vacant tenant space; and WHEREAS, these tenant space conversions will collectively serve to increase the overall parking requirement for the shopping center, taking the total project parking demand from 643.9 parking spaces to 663.4 parking spaces, a 19.5 parking space increase in aggregate parking demand; and WHEREAS, an increase in the numerical parking variance must be authorized to increase the current numerical parking variance from the current 119.9 parking space shortfall (a variance of 18.6%) to the requested 139.4 parking spaces shortfall (a variance of 21.0%); WHEREAS, based on field reviews made of the existing shopping center, it has been determined that an adequate amount of parking is generally present in the shopping center to accommodate the existing and requested tenant mix - if parking management efforts are developed and implemented to make higher employee parking use of currently underutilized parking areas present in the shopping center (i.e., to make higher use of the parking areas located at the outside perimeter of the center located at the western and northwestern edges of the shopping center); and WHEREAS, the order of magnitude of the numerical parking variance, while slightly more aggressive than the higher end of the spectrum of numerical parking variances generally present in the community for mid- to large-shopping centers (i.e., a 21.0% numerical parking variance where most comparably sized shopping centers are operating within a range of a 12% to 18% numerical parking variance), is consistent with accepted planning principles that assume that the amount of on-site . parking supplied in mixed use shopping centers of this size may be measurably less than the aggregate total of the parking demand, calculated on an individual business-by-business basis after shared trip / off-set peak hour demands are factored into the parking need for the shopping center; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 25, 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 PAGE 2 OF RESOLUTION NO. 2006-17 WHEREAS, a staff report was submitted recommending that the Planning Commission approve the Variance request V AR 2006-22; 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 2006-22, authorizing the increase in the magnitude of the numerical parking variance in place at the Danville Livery & Mercantile Shopping Center, and makes the following findings in support of that 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 139.4-parking space parking shortfall with 524 spaces existing and 663.4 spaces required under the strict interpretation of the DBD parking regulations) is generally consistent with the numerical parking 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 consistent with accepted planning principles that assume that the amount of on-site parking supplied in mixed use shopping centers of this size may be measurably less than the aggregate total of parking demand calculated on an individual business-by-business basis, after shared trip/off-set peak hour demands are factored into the parking need for the shopping center. b. The shopping center is obligated, through the project conditions of approval for V AR 2005-22, to develop and implement a parking management agreement whose goal will be to manage parking resources present at the center to maximize the availability of customer parking in the central portions of the shopping center, directing PAGE 3 OF RESOLUTION NO. 2006-17 employer and employee parking generally 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 continued operation of a successful and I 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 proposed personal service use (i.e., "Pinkies") or for the proposed restaurant expansion (i.e., the expansion of Luna Loca Restaurant). Each item is subject to review and approval by the Planning Division unless otherwise specified. . 1. This approval is for Variance request VAR 2006-22, involving the 10.2+/- Danville Livery & Mercantile Shopping Center located at the northwest corner of the intersection of San Ramon Valley Boulevard and Sycamore Valley Road West. The authorized mix of retail, restaurant, dine-in/ dine-out, office and personal service uses in this nO,OOO-plus square foot shopping center shall be consistent with this variance approval and shall be substantially as shown in the Exhibit F ("Proposed Tenant Mix and Project Parking Demand by Use Categories") contained in the July 25,2006 Planning Commission staff report prepared for V AR 2006-22. 2. This entitlement authorizes an increase in the magnitude of the numerical parking variance in place for the Danville Livery & Mercantile Shopping Center, allowing a maximum 139.4 parking space reduction from the aggregate parking requirement for the full range of proposed commercial uses ( 663.4 parking spaces required and 524 parking spaces in place - equating to a 21.0% numerical parking variance). 3. Within sixty days of the effective date of this permit (i.e., prior to September 19,2006) the applicants and owners shall prepare and submit a draft parking management agreement for Planning Division review and approval that will serve to require that a substantial number of shopping center business owners and their employees park outside the central project parking area serving the shopping center. The approved agreement shall be referenced in all future commercial lease agreements for the shopping center. The Parking PAGE 4 OF RESOLUTION NO. 2006-17 Management Agreement prepared for the shopping center shall address the seating count overages determined to be present at five existing restaurants in the center (i.e., Restorante Piatti's, Patrick David's, Great Impasta, High Tech Burrito, and Bagel Street Cafe). The Parking Management Agreement shall also address problems that are present from time-to-time that surface as a result of the interface between this commercial use and the adjoining residential uses to the west of the shopping center (e.g., litter, noise, over- sized vehicles, activity associated with late evening departing employees, etc.). 4. 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 $381.00 (254 notices X $0.75 per notice X two notifications). 5. Subject to review and approval of tenant improvement plans through the standard plan review and building permit process of the Danville Building Division, Luna Loca Restaurant is authorized to increase its indoor seating count from 105 seats to 137 seats and its outdoor seating count from 62 to 72 seats upon the expansion of the restaurant space into the adjoining 679 square foot vacant tenant space. The modified seating layout for outdoor seating is subject to review and approval by the Danville Planning Division through a revised land use permit application, which will serve to amend Land Use Permit request LUP 99-01. The revised land use permit approval shall be secured prior to increasing the current authorized 58-seat outdoor seating count. 6. Following final occupancy of the proposed nail salon operation (i.e., "Pinkies") and the proposed enlargement of Luna Loca Restaurant, but in no case later than one year after the effective date of this permit (i.e., prior to July 21, 2007), a parking utilization report shall be prepared by the property owners and submitted for review and approval by the Planning Division. The report shall contain the following minimum components: (a) a report of efforts taken by the property owners to require shopping center business owners and their employees park to use outlying parking areas as their primary parking locations; (b) a representative parking survey of the shopping center that summarizes the utilization of center parking on an hourly basis for a one-week period covering weekday hours from 10:00 am to 2:00 pm; (3) an update of Exhibit F ("Proposed Tenant Mix and Project Parking Demand by Use Categories") to reflect any tenant changeovers made PAGE 5 OF RESOLUTION NO. 2006-17 since the effective date of this permit; and (4) a summary of additional efforts, if any, taken by the property owners to maximize the availability of central parking facilities to customers of the shopping center. If, based upon his review of the approved parking utilization report, the Chief of Planning determines that the Findings of Approval for V AR 2006-22 can no longer be made, V AR 2006-22 may be referred back to the Planning Commission for further review and action with a goal of identifying alternate mitigation measures that may be necessary and appropriate to assure the shopping center has adequate parking facilities for the mix of tenants in the center. 7. 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 July 25, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Condie, Graham, Morgan, Nichols Combs Moran, Osborn, Storer ~ Chairman APPROVED AS TO FORM: \l!kr.J'BC; City Attorney /4~ Chief P ning PAGE 6 OF RESOLUTION NO. 2006-17