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Appeal No. 2004-08 (Conditional Use Permit No. 2003-17 Variance No. 2004-05) October 4, 2004 Page 2 After several discussions with staff and some Planning Commissioners, the applicant proposed to (1) revise the landscaping plan to incorporate addi tional trees, (2) enhance pedestrian walkways, and (3) reduce the number of tenant spaces from four to three. This last item, reducing the number of tenant spaces from four to three, is the focus of this appeal. In proposing these changes, the applicant had hoped to address Commissioners' concerns about both aesthetic and circulation issues. Accordingly, the changes were incorporated as conditions of approval. The applicant later determined that a restriction on the number of tenant spaces would be an undue burden on its marketing and leasing efforts in the shopping center. The property owner expressed these concerns at the August 9, 2004 Planning Commission meeting, specifically requesting that the limitation on the number of tenant spaces be eliminated. In addition to discussing the marketing and leasing constraints, the applicant maintained that, pursuant to the parking study, the center would have adequate parking. The applicant further noted that the City's parking requirement is based on total building square footage rather than on the number of tenant spaces. The Planning Commission considered the testimony provided by the public and approved the Amendment to Conditional Use Permit No. 2003-17 and Variance No. 2004-05 as conditioned. The Commission required the reduction in the number of tenant spaces as they believed it might help to minimize circulation and parking problems. Staff believes that the effect of reducing the number of tenant spaces would be negligible. As the parking study indicates, the shopping center is expected to have sufficient parking with the proposed four tenant spaces. Staff further believes that achieving a measurable reduction in parking or traffic demand would require a significant reduction in actual square footage of the proposed commercial addition. Since the Planning Commission did not require and the applicant does not propose such a square footage reduction, and given the plausible marketing and leasing constraints, staff recommends that the City Council approve the applicant's appeal by eliminating Condition No.8 of Variance No. 2004- 05. FISCAL IMPACT There is no fiscal impact associated with this action. s1!!::f~f:jng Executive Director Planning & Building Agency CR:rb cr\reports\cup03-17var04-05.cc-appeal Rev 758-2