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PC Min 02/26/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 26, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 26, 2002, was called to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Francois, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Tom Francois Joseph D. Hemandez Bob Alderete George Doorley Elizabeth Gibbons Commissioners Absent: Commissioner: Commissioner: Brad Jones Felicia Leonard Staff Present: Community Development Director: Senior Planner: Planner 1I: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Darcy Smith Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of February 12, 2002, were approved. (5-0-2; Commissioners Jones and Leonard were absent) COMMUNICATIONS. There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of February 26, 2002 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. PLN2001-141 (PM) PLN2001-142 (S) PLN2002-001 (TRP) Shakeri, O. Continued Public Hearing to consider the application of Mr. Omid Shakeri, on behalf of the Ridgecrest Group, for a Tentative Parcel Map (PLN2001-141) to allow the creation of three lots, a Site and Architectural Review Permit (PLN2001-142) to allow the construction of three new single-family residences and a Tree Removal Permit (PLN2002-001) to allow the removal of five trees on property located at 1274 Walnut Drive in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Continued from the Planning Commission meeting of January 22, 2002. Project Planner: Stephanie Willsey, Planner I. Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant has requested a continuance to allow additional time to revise their plans and facilitate a neighborhood meeting. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Gibbons, the Planning Commission continued consideration of PLN2001- 141/PLN2001-142/PLN2002-00 for the creation of three lots, Site and Architectural Approval to allow the construction of three new single-family residences and a Tree Removal Permit to remove five trees, on property located at 1274 Walnut Drive, to a future meeting date which will be re- advertised and re-noticed. (5-0-2; Commissioners Jones and Leonard were absent) Chair Francois read Agenda Item No. 2 into the record. PLN2001-78 Thomason, T. Public Hearing to consider the application of Mr. Tim Thomason, on behalf of Baja Fresh Mexican Grill, for consideration of a Conditional Use Permit (PLN2001-78) to allow the establishment of an outdoor seating area accommodating 22 seats in conjunction with an existing restaurant on property located at 1976 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephanie Willsey, Planner I Planning Commission Minutes of February 26, 2002 Page 3 Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Informed that the applicants seek approval of a Conditional Use Permit to allow 22 outdoor seats on an existing 450 square foot patio area for Baja Fresh Mexican Grill, located on the southeast comer of Bascom and Fewtrell Avenues. A low masonry and glass wall will screen the outdoor seating. · Stated that the parking requirement for a restaurant use is one parking space for every three seats. The restaurant currently has 84 indoor seats and seeks to add 22 outdoor seats for a total of 106 seats. The parking to accommodate 106 seats is 36 spaces. The applicants are providing 31 currently and propose to re-stripe their lot to create a total of 34 spaces. · Advised that the Planning Commission can make a parking adjustment if bicycle or motorcycle spaces are provided on site. The applicant is proposing to install a bike rack. · Said that the Site and Architectural Review Committee reviewed this proposal on February 12th and was supportive with the recommendation to add a Condition of Approval requiring that the tempered glass be replaced at any time that it is defaced and/or damaged. Commissioner Hemandez asked staff how many seats could be accommodated without creating a parking deficit. Planner Stephanie Willsey replied that if the request for 22 seats were reduced to 18, the parking would be compliant. Commissioner Doorley asked staff if any compact parking spaces are being created with the re- striping of the parking lot. Planner Stephanie Willsey pointed out that a row of 10 currently regular parking spaces will be re-striped to create 12 parking spaces, with two new compact spaces created. Commissioner Alderete pointed out that on his site visit he counted 11 tables for four and four tables for two as well as umbrellas. Planner Stephanie Willsey informed the Commission that this request is the result of a Code Enforcement case as the outdoor seating was installed prior to receiving necessary approvals. Commissioner Alderete: · Added that when he recently visited the site he counted 10 vacant parking spaces and saw no one seated outdoors. · Said that he noticed a discrepancy in the Conditions of Approval over the required materials for the screening wall. Director Sharon Fierro advised that the wall will be constructed per approved plans. Commissioner Hemandez provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on February 12th and was supportive with the added condition regarding the maintenance of the glass screening material. Chair Francois opened the Public Hearing for Agenda Item No. 2. Planning Commission Minutes of February 26, 2002 Page 4 Mr. Tim Thomason, Applicant's Representative, Baja Fresh Mexican Grill: · Advised that Baja Fresh is new to Campbell but not new to Northern California. · Apologized for installing the outdoor seating area without realizing the need for City approvals before doing so. · Stated that the patio feature is important to their concept and that it is important that they have as much seating capacity as is possible as well as an appealing ambiance. · Pointed out that they have cleaned up this former Carl's Jr. site with new landscaping. · Questioned the Condition for the replacement of the driveway approach on Bascom Avenue and asked that it be waived. · Said that it is almost hard to pencil in this addition due to the high costs imposed by the Conditions of Approval, adding that they would have to sell a lot of burritos to cover these expenses. * Assured that the materials used for the screening wall will match the existing materials. Commissioner Doorley asked Mr. Thomason to clarify his specific concerns. Mr. Tim Thomason replied that to bring the driveway approach to ADA compliance, they are looking at expenses between $7,500 and $10,000. Added that they have already paid $25,000 to $30,000 to install the patio. He added that he particularly did not understand Condition 23- C. Senior Planner Geoff I. Bradley advised that this Condition (23-C) requires that the new driveway approach is conforming in order to match up properly to the existing roadway. Chair Francois closed the Public Hearing for Agenda Item No. 2. Commissioner Hernandez asked if the Public Works Condition is imposed because the existing driveway is not ADA compliant. Senior Planner Geoff I. Bradley replied yes. He added that there is a fair nexus with this expansion to require that one of the two non-compliant driveway approaches be brought into compliance. Commissioner Doorley: · Stated that he can understand the economic forecast presented by the applicant but that he is not prepared to accept less than what is necessary to meet City standards. · Agreed that the patio feature makes sense. · Advised that he visited the site on Saturday and found lots of people there. · Supported the proposal to reduce the seats requested to a level that does not create a deficiency in parking provided. · Added that he did not feel the bike rack would solve the parking deficiency. Commissioner Hernandez said that he believes that people would indeed bicycle over to this restaurant and that he was not as inclined to reduce the requested number of seats. Commissioner Gibbons: · Agreed with Commissioner Hernandez that people would travel by bike to this location. Planning Commission Minutes of February 26, 2002 Page 5 · Added that while she empathizes with the applicant over the requirement is consistent and she supports its enforcement. · Said that she is okay with the amount of parking provided. driveway issue, this Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3411 approving a Conditional Use Permit (PLN2001-78) to allow the establishment of an outdoor seating area accommodating 22 seats in conjunction with an existing restaurant (Baja Fresh Mexican Grill) located on property owned by Mr. Alvin Penhall at 1976 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Hernandez NOES: None ABSENT: Jones and Leonard ABSTAIN: None Chair Francois advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chair Francois read Agenda Item No. 3 into the record. o PLN2000-146 PLN2001-97 Pasek, R. Public Hearing to consider the application of Mr. Richard Pasek for consideration of a Site and Architectural Review Permit (PLN2000- 146) and Conditional Use Permit (PLN2001-97) to allow the construction of a new warehouse/office building with caretaker's quarters on property owned by Mr. Richard Pasek located at 925 S. McGlincy Lane in an M-1-S (Light Industrial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Geoff l. Bradley, Senior Planner. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that this parcel is adjacent to the current lumberyard, San Jose Forest Products, owned and operated by Mr. Pasek at 911 S. McGlincy Avenue. The applicant also owns and operates his business from 946 and 885 S. McGlincy Avenue. · Informed that this proposal is for the construction of a new warehouse/office building with an on-site living facility. Identified the General Plan Land Use designation as Industrial and said that the proposed use is consistent. However, on-site living components are usually incidental to the use. An on-site living facility is permitted, with issuance of a Use Permit, in order to provide on-site security and/or to accommodate 24-hour operation. · Added that the Zoning is M-1-S (Light Industrial). · Described the project as being a split-face concrete building located at the rear of the lot. Included are an exterior balcony and stairway. There would be a 22-foot high wall height at the property line. The applicant has provided horizontal banding at the top of the Planning Commission Minutes of February 26, 2002 Page 6 building wall. Staff finds that the design is lacking in interest and detail and opposes the use of an exterior stair and balcony. · Recommended denial since staff cannot make the necessary findings to support the Conditional Use Permit for the on-site living facility. · Advised that the proposed parking provision is nine spaces when 12 are required. While the applicant has said that there would be room to park inside the building, staff does not believe that indoor parking can be counted upon and should not be counted in the required parking provision. · Added that the landscaping on site equals 8.5 percent where 8 percent is required but that there is no existing landscaping on the northern part of the site. Staff recommends a Condition requiring more be installed. · Described the on-site living unit as being 960 square feet. · Added that the on-site living unit that was approved for Storage USA was approved to provide site security and to accommodate 24-hour operation. · Recommended that the Commission adopt two Resolutions, one denying the Site and Architectural Review Permit to construct the warehouse/office building and the other to deny the Conditional Use Permit for an on-site living unit. Commissioner Hernandez pointed out that the on-site living unit represents approximately 22 percent of the building area and asked what percentage of the site the Storage USA on-site living unit represents. Senior Planner Geoff I. Bradley replied that the Storage USA building consists of 95,000 square feet and that the on-site unit represents approximately one percent. Commissioner Hernandez asked if there are police reports to support the history of thefts on this site. Senior Planner Geoff I. Bradley replied that he looked into the police report history. Between 1991 and 2000 there were 12 cases of crime and in 2001 there were six reports. Added that the applicant can speak to this issue in more detail. Commissioner Gibbons pointed out that the maximum FAR of 40% is being exceeded with this proposal. The proposed building area is 4,608 square feet, which equals a 51 percent FAR. The maximum building that would be allowed under the permitted FAR is 3,580 square feet. Senior Planner Geoff I. Bradley clarified that while there is no specific FAR listed in the M-i- S (Light Industrial) Zoning District, the General Plan provides for an overall FAR limit of 40 percent. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on February 12th. · Said that SARC had hoped that the applicant would be willing to work out issues with staff but Mr. Pasek instead chose to proceed to the Planning Commission hearing despite the issues raised. Planning Commission Minutes of February 26, 2002 Page 7 Chair Francois opened the Public Hearing for Agenda Item No. 3. Mr. Richard Pasek, Applicant and Owner, 911 S. McGlincy Lane, Campbell: · Informed that he has operated his business in Campbell since the mid-1960s for a total of 37 years. · Declared that he has developed an attractive plan for this industrial area. · Said that his business has been broken into many times over the years and that in fact he does not even bother to report the smaller occurrences of theft. Oftentimes, larger amounts of materials are stolen with values over $1,000. · Said that he wants to be able to protect his investment, since there is a limited police presence in an industrial area, and that he needs an on-site living unit in order to do so. Pointed out that this will be an owner-occupied living unit and not a rental apartment unit. · Said that the lot is not large enough to incorporate the stairs within the building. · Said that his building proposal is attractive, with roll up doors that face the street just like most of the buildings in the area. · Added that his proposed placement on site is the logical place to put the building. · Stated that he is trying to bring this site into the 21st Century and that he anticipates putting buildings on his other lots on McGlincy in the future. This will improve McGlincy Lane. · Pointed out that he is one of the largest landowners on McGlincy Lane. Commissioner Doorley asked Mr. Pasek to address parking on this parcel. Mr. Richard Pasek replied that the residential use parking would overlap with the office/warehouse parking needs since he both works on site and will reside in the living unit. Commissioner Hernandez questioned the devotion of 25 percent of this new building (960 square feet) to the on-site living unit. Mr. Richard Pasek replied that the residence is located directly above the office space. Said that he is a big guy and does not want to live in a trailer sized unit. Commissioner Hernandez countered that the intent of the on-site living unit is simply for the purpose of providing security on site and not to serve as a permanent place to live. Reiterated that this 960 square foot unit seems like an awful lot. Mr. Richard Pasek disagreed, saying that this is not an overly large living unit. Pointed out that there are exterior stairs in a number of buildings and added that all buildings along McGlincy Lane have long walls. Commissioner Doorley said that the intent of the City is to improve the appearance along McGlincy Lane over time. However, while this proposed building would be nicer than the existing buildings on the street, that is only because it will be newer. Otherwise, it has the same basic look as the other buildings. Mr. Richard Pasek said that he was not attempting to create new ground in architecture. He simply wants to run his business and provide for his family. Added that this is a nice attractive building for the area. Planning Commission Minute, of February 26, 2002 Page 8 Commissioner Hernandez asked Mr. Pasek if he has considered trying to bring his building size into conformance with the maximum allowable FAR of 40 percent (approximately 3,500 square feet) instead of the 51 percent FAR that Mr. Pasek is proposing. Mr. Richard Pasek reiterated his belief that the on-site living unit would be incidental to the main office and warehouse uses of this new building. Commissioner Hernandez asked Mr. Pasek how he is rationalizing exceeding the FAR. Mr. Richard Pasek said that he needs the maximum building possible due to the cost of construction. Pointed out that he can use racks and tarps on site instead of building a more costly building. Added that everyone would benefit from his proposal. Commissioner Hernandez sought clarification that if the Conditional Use Permit, if approved, would run with the property. City Attorney William Seligmann replied correct. Commissioner Hernandez stated that this Conditional Use Permit would remain in effect should the building be sold. City Attorney William Seligmann replied correct. Commissioner Gibbons: · Said that she does not object to locating an industrial building at the rear of a site. · Agreed that an effort has been made to make this building attractive. · Said that she has six issues with this proposal. · Pointed out that 24-hour operation and/or the need to provide site security are typically reasons for approval on-site living units. · Said that she takes issue with the FAR in excess of 50 percent. · Said that the exterior stairs are not appropriate and that the Commission recently denied another applicant the inclusion of exterior stairs. Instead that project was redesigned with an interior staircase. · Stated that the parking on site is an issue and that providing any interior parking does not make sense and should not be counted toward the parking requirement. This project is three parking spaces short. · Said that she is not supportive. Commissioner Doorley: · Said that he is not supportive. · Reiterated that the intent is to attempt to increase the overall appearance of the entire McGlincy Lane area while this project is simply a newer version of the same stuff already there. Planning Commission Minutes of February 26, 2002 Page 9 Commissioner Hemandez: · Said that the applicant has demonstrated that there are enough security concerns to allow some sort of on-site living facility but the questions is whether this proposal for 960 square feet of living space is the right size for this particular building. · Pointed out that if the FAR is conforming and the living unit is smaller, the parking would also conform to requirements. · Said that this project is difficult to support as proposed. Commissioner Alderete: · Said that the primary issue is the applicant's need to address security. · Said that the City cannot forget the guidelines put in place to improve this area. · Said that he would not support the project as it stands. Chair Francois: Said that this building would be an improvement versus McGlincy as it is now. · Agreed that security issues are important. · Said that he once owned his own business and experienced both vandalism and being burglarized. While he considered staying at his business overnight, he ended up installing security cameras. · Stated that the applicant is trying to do the right thing and that he empathizes with the applicant and wished this proposal could be made to work out somehow. Mike Stone, Attorney for Richard Pasek, 3425 S. Bascom Avenue, Campbell: · Advised that his client is willing to limit the use of the living quarters to owner only. · Suggested that this would result in not having to count the residential square footage for parking purposes. Commissioner Hernandez clarified that the issue is that the proposed FAR exceeds that allowed by 11 percent. The living space is excessive and this proposed compromise does not solve the problem. Attorney Mike Stone advised that the applicant lives in Utah and will occupy the site on weekends only. Commissioner Doorley asked staff for a response to this attorney's suggestion to limit use of the on-site living unit to the owner only. Director Sharon Fierro said that the past practice has been to limit use of an on-site living facility to someone to work on the premises as a security person. There has not been a request for an owner to live on-site to provide site security. To do so would create an interpretation that has not been made before by the Commission. Additionally, parking has not been discounted for past approvals for on-site living units. Planning Commission Minutes of February 26, 2002 Page 10 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission took the following actions: 1. Adopted Resolution No. 3412 denying a Site and Architectural Review Permit (PLN2000-146) for the construction of a new warehouse/office building; and 2. Adopted Resolution No. 3413 denying a Conditional Use Permit (PLN2001-97) for an on-site living facility on property owned by Mr. Richard Pasek and located at 925 S. McGlincy Lane, by the following roll call vote: AYES: Alderete, Doorley, Gibbons and Hernandez NOES: Francois ABSENT: Jones and Leonard ABSTAIN: None Chair Francois advised that this action is final, unless appealed in writing to the City Clerk within 10 calendar days. Chair Francois read Agenda Item No. 4 into the record. 4. PLN2001-110/lll Lee, K. Public Hearing to consider the application of Mr. Kenneth Lee, on behalf of Deb-Mar Investments, for consideration of Site and Architectural Review Permits (PLN2001-110 and PLN2001-111) to allow the construction of two new single-family residences on properties owned by Deb-Mar Investments located at 1601 and 1603 Van Dusen Lane in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Darcy Smith, Planner H Ms. Darcy Smith, Planner 1I, presented the staff report as follows: · Advised that the applicant is seeking approval of two Site and Architectural Review Permits to allow the construction of two new single-family residences at 1601 and 1603 Van Dusen Lane, on the south side of the street, east of Harrison Avenue. · Said that the site is surrounded on three sides by single-family residences with Pollard Road at the south property line. · Stated that the property was once owned by the State of California, prior to completion of Highway 85, when it was sold. · Said that the Tentative Parcel Map was approved on January 4, 2001, and that the Final Parcel Map has not yet been recorded. · Described the General Plan Land Use designation as Low-Density Residential and this project is consistent. · Said that the Zoning is R-l-9 and this project is consistent. · Said that the project falls under the regulations of the San Tomas Area Neighborhood Plan. This project is consistent with the STANP. Planning Commission MinuL,~s of February 26, 2002 Page 11 · Stated that parcel one is standard and parcel two is a flag lot. · Described that the elevations incorporate features of the San Tomas Area Neighborhood and utilize different colors and materials. The home at 1601 Van Dusen includes stucco with a tile roof while the home at 1603 Van Dusen will include a more traditional style and will have its garage located to the side of the house. · Said that SARC reviewed this project on February 12th and was supportive with the recommendation that the applicant make contact with all abutting neighbors. · Recommended approval. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on February 12th and was supportive of this proposal. Chair Francois opened the Public Hearing for Agenda Item No. 4. Mr. Bruce Johnson, Project Architect, 80 Alice Avenue, Campbell: · Made himself and owner, Ken Lee, available for questions and thanked Darcy Smith and Geoff Bradley for their work on this project. Commissioner Alderete stated that this is a great looking project. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3414 granting Site and Architectural Review Permits (PLN2001-110/111) to allow the construction of two new single-family residences on property owned by Deb-Mar Investments located at 1601 and 1603 Van Dusen Lane, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Hernandez NOES: None ABSENT: Jones and Leonard ABSTAIN: None Chair Francois advised that this item is action is final in 10 days, unless appealed in writing to the City Clerk. Chair Francois read Agenda Item No. 5 into the record. Planning Commission Minutes of February 26, 2002 Page 12 5. PLN2002-06 Kakebeen, R. Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N.A. (Proposed), for consideration of a Conditional Use Permit (PLN2002-06) to allow the establishment of a bank within an existing commercial building on property owned by Mr. Robert Raffanti located at 238 E. Campbell Avenue in the C-3- S (Central Business District) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: March 19, 2002. Project Planner: Darcy Smith, Planner H Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a bank, which would also require a parking adjustment approval by Council. · Said that the project site is in the Downtown at the southeast corner of E. Campbell Avenue and Second Street. The building was formerly entirely occupied by Century 21 Real Estate Office. It is being remodeled and divided into two units. This proposed bank would use one side with 5,168 square feet and the Real Estate Office would retain the second side with 2,832 square feet for its use. · Said that the General Plan Land Use designation is Central Commercial. This proposal is consistent. · Said that the Zoning is C-3-S (Central Business District). Banks are permitted in this zoning with issuance of a Conditional Use Permit. · Said that this project is subject to the Downtown Development Policies. · Said that 21 parking spaces are shared with 260, 262 and 266 E. Campbell Avenue. The parking lot will be reconfigured and one disabled parking space located near the bank entrance. A second parking lot is located at 262 Pine Avenue. Three additional parking spaces will be striped in that lot and landscaping and a trash enclosure installed. Advised that the total number of parking spaces is 42, which is short of the 46 required under the Parking Ordinance for bank uses. However, bank operations are more similar to retail these days with the changes in bank practices. More clients bank over the Internet and through direct deposit so there are fewer trips to the bank required by customers. If this proposed bank uses retail parking requirements, the total number of spaces required is 35. Said that staff finds this parking deficit would not be detrimental. Added that the parking will be shared with the public on evenings and weekends. Said that SARC reviewed the project on February 12th and requested more information on parking. Said she was available for questions. Commissioner Doorley asked if the adjustment in parking sought by Council would be only for this project or for all banks. Planner 1I Darcy Smith replied that the consultant working on the Zoning Update would review the City's Parking Standards as part of that process. A parking adjustment would need to be specifically granted by Council for final approval of this application. Planning Commission Minute~ of February 26, 2002 Page 13 Commissioner Gibbons said that the applicant should be been made aware of the number of community events that occur Downtown and their potential impact on business on those dates. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on February 12th and was supportive. Chair Francois opened the Public Hearing for Agenda Item No. 5. Mr. Rene Kakebeen, Chair and CEO, Legacy Bank, N.A. (Proposed), 4594 Cherry Avenue, San Jose, CA 95118. · Thanked City staff, Francine Principe, Sharon Fierro, Geoff Bradley and Darcy Smith. · Asked that when naming their project on any paperwork that the City include the term "Proposed" as part of the name within brackets. This is a federal requirement for a proposed bank until it has met all requirements for establishment as a bank. · Said that he is well aware of Campbell's community events. · Pointed out that he was Branch Manager of the Bank of Santa Clara at Camden and Union. His staff there was very active in Campbell, including the Prunefestival and other events. A community bank thrives on community involvement. · Said that they plan to go beyond what is expected from other banks and that they are looking to be friends with the community. · Added that their new bank will enhance E. Campbell Avenue. · Said that one program they plan to participate in is a loan program for small businesses through a Development Enhancement Fund. Mr. Frank Leamy, Owner, Mama Mia's, 200 E. Hamilton Avenue, Campbell: · Said that the residents of Campbell accepted him as part of the community when he established his restaurant, Mama Mia's, and he anticipates that the Legacy Bank, N.A. (Proposed) will be accepted. Chair Francois said that if this new bank is anything like Mama Mia's, it will do okay. Said that a bank is important for the Downtown area and ideal for local merchants who can enjoy walking distance convenience. Added that bank customers will also shop Downtown. Said he is very supportive. Commissioner Doorley said that this would result in an ATM machine downtown. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3415 recommending approval of a Conditional Use Permit (PLN2002-06) to allow the establishment of a bank, Legacy Bank, N.A (Proposed), within an existing commercial building on property owned by Mr. Robert Raffanti located at 238 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Hernandez NOES: None ABSENT: Jones and Leonard ABSTAIN: None Planning Commission Minutes of February 26, 2002 Page 14 Chair Francois advised that Council would consider this item on March 19, 2002. ORAL REQUEST Chair Francois: · Offered another opportunity for any interested members of the audience to address the Commission on Rolling Hills Shopping Center site. · Advised that Council recently held a Study Session to review a conceptual site plan for 30 residential units. The purpose for this Study Session was to provide policy direction. Council expressed preference for a residential use of this property. There were no parties present who wished to speak about Rolling Hills. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Announced that Council approved Mr. Tom Black's project for a new single-family residence at 132 Sunnyside Avenue. · Said that the Commission would have three items on its agenda for March 12th. ADJOURNMENT The Planning Commission meeting adjourned at 9:02 p.m. to the next Regular Public Hearing on March 12, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinn, Recor-'--~ng Secretary APPROVED BY: (,_ T~,f~ ~r~r~ctois,bt~ai; - ------,x ATTEST: Sharon Fierro, Secretary