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Use Permit - 2002 Tim J. Haley 70 N. First Street (408) 866-2140 (408) 871-5140(fax) timh@cityofcampbell.com City of Campbell Community Development Department Fax To: Attn: Abbas Haghshenas From: Tim J. Haley Fax: Phone: 408 364 -0888 Re: Pages: Date: October 15,2003 0 Urgent X As requested 0 Please Comment 0 Please Reply Abbas: I have reviewed the issue of three disabled parking spaces at Campbell Gateway. The current parking standards under Title 24 requires one disabled space for each 25 parking spaces. I believe when the project was reviewed in 1997 the standard was one disabled space for each 40 parking spaces. The most recent approval for Legacy Bank indicated 52 parking spaces of which three were designated for the disabled. Consequently, we cannot convert the third disabled space to just tenant parking. It would be a better approach to indicated that the vehicle was parked for the disabled tenant without a proper placard. Tim 0\ . CAI11/> ~. <S> !:: ~ u r- -' -'- 10 "- (' r.> '0 . RCH A"<:> CITY OF CAMPBELL Community Development Department - Current Planning October 1, 2002 Rene Kakebeen Legacy Bank, N.A. (Proposed) 4595 CheTI)' A venue San Jose, CA 95118 Subject: Building Plan Check Comments for BLD 2002-1081 125 E. Campbell A venue Dear Mr. Kakebeen, The Planning Division has reviewed your Building Permit application for the remodeling of the commercial space at 125 E. Campbell Avenue. This project was approved by the Planning Commission on August 27, 2002. Staff has reviewed the building permit plans with respect to the Conditional Use Permit approved by the Planning Commission. Pursuant to the approval, the building permit plans shall substantially conform to the plans approved by the Planning Commission. The following Conditions of Approval of the Conditional Use Permit for this project have not been met (italics are used to emphasize specific issues that need to be addressed before issuance of a building permit): 1. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details for any proposed exterior changes. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Provide a detail of the ATM and deposit drop box. b. Providing window and door schedules for high quality of window treatments and styles. All windows shall be consistent with the architectural style of the existing structure. 2. Landscaping: The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director that shows the placement of planters around the Campbell Avenue frontage and the planting and training of vines growing up the west side of the building to soften the brick exterior prior to issuance of any building permits for the site. a. All landscaping installed as required per the approved landscape plan shall be maintained in good health. b. All landscaping shall be installed prior to building occupancy. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 - . ~ Building Plan Check Co October 1, 2002 entsfor BLD 2002-1081 125 E. Campbell Avenue Page 2 of 2 3. Signage: No signage is approved as part of the development applications approved herein. Signing shall be architecturally compatible with the building. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in the Sign Ordinance. A sign permit application is enclosed for your use. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about these comments. Sincerely, l)lvrað ~ Darcy Smith Planner II Cc: Geoff Bradley, Senior Planner Frank Mills, Senior Building Inspector Robert Hughes, The Building Works, 2998 S. Bascom Avenue, San Jose, CA 95124 Bruno Marcelic, Architect, 365 E. Campbell A venue, Campbell, CA 95008 - .. ~ MEMORANDUM From: Darcy Smith PI ner II, Community Development Department 1~~ J Hemsley D puty City Clerk To: Date: '- September 19, 2002 Subject: Parking Adjustment - 125 E. Campbell Avenue At the regular meeting of September 17, 2002, the City Council held a public hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N .A. (Proposed) for approval of a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) permitting the establishment of a bank within an existing commercial building on property owned by Mr. Abbas Haghshenas at 125 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. The City Council adopted Resolution No. 10088 approving the Parking Adjustment, and a certified copy of this Resolution, together with a copy of the letter to Mr. Kakebeen, in follow-up to the City Council's action, is attached to this Memorandum. - . ~ 0 f' C.4.,t- . "1À ,;.~ . ~~ Ù . ~ .. .. '$0 "- ~. ~' °J¡CHA"O' CITY OF CAMPBELL City Clerk's Office September 19, 2002 Mr. Rene Kakebeen, President, Legacy Bank, N .A. (Proposed) 4594 Cherry Avenue San Jose, CA 95118 Dear Mr. Kakebeen: At the regular meeting of September 17, 2002, the City Council held a public hearing to consider your application, on behalf of Legacy Bank, N .A. (proposed) for approval of a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (pLN 2002-89) permitting the establishment of a bank within an existing commercial building on property, owned by Mr. Abbas Haghshenas, at 125 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. After hearing public testimony, and City Council consideration and discussion, the City Council took the following action: Adopted Resolution 10088 approving a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) permitting the establishment of a Bank within an existing commercial building on property owned by Mr. Abbas Haghshenas located at 125 E. Campbell A venue, incorporating the findings and subject to the Conditions of Approval. A certified copy of Resolution 10088 is enclosed for your records. Continued. . . 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 -. ... Page 2 Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Darcy Smith, Planner II, Community Development Department. Sin. cereJy, .. .4'/ /(/// L ~e,4~-- Anne Bybee City Clerk Enc. cc. Darcy Smith, Planner II, Comm. Develop. Dept. .- . ~ RESOLUTION NO. 10088 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PARKING ADJUSTMENT TO ALLOW REDUCED PARKING SPACE REQUIREMENTS FOR ON- SITE PARKING SPACES IN CONJUNCTION WITH A CONDITIONAL USE PERMIT (PLN 2002-89) PERMlTfING THE ESTABLISHMENT OF A BANK WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. ABBAS HAGHSHENAS AT 125 E. CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. RENE KAKEBEEN, ON BEHALF OF LEGACY BANK, N.A. (PROPOSED). FILE NO. PLN2002-89. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The property was approved with a shared parking arrangement for the office, retail, and residential uses. A total of 53 parking spaces are provided. At the time that the Parking Adjustment was approved by the City Council for the development of the mixed-use project in 1997, a mixed-use parking analysis was completed that projected a maximum demand of 32 to 59 spaces depending on the time of day. 4. As part of the previous approval of the Parking Adjustment for the alternative bank location in March 2002, the City Council found that the proposed bank use is more similar to retail uses and that the current parking requirement for banks is outdated. 5. The existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. - . ~ City Council Resolution PLN2002-89- 125 E. Campbell A venue - Parking Adjustment Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed parking area will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed parking area is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. The proposed parking area is compatible with the uses in the area. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) to allow the establishment of a bank within an existing commercial building, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. CO~TYDEVELOPMENTDEPARTMENT Planning Division 1. Project Approval: Approval is granted for a Parking Adjustment (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. Campbell A venue with an on-site parking deficiency. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. - . i i City Council Resolution PLN2002-89- 125 E. Campbell Avenue - Parking Adjustment Page 3 PASSED AND ADOPTED this 17th day of September , 2002, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: I-A,/r p~ Jeæfette Watson, Mayor Dean, Burr, Kennedy, Furtado, Watson None None None A TIEST: /) ß-v- ¿~L I Anne Bybee, City Clerk \ '- - .... CIIV of cÚm/¡úe!! City Council Report ITEM NO: CATEGORY: MEETING DATE: 7. Public Hearing September 17, 2002 TITLE Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N.A. (Proposed), for approval of a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) permitting tl)e establishment of a bank within an existing commercial building on property owned by Mr. Abbas Haghshenas at 125 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following: Adopt a Resolution, incorporating the attached findings, approving a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-89) permitting the establishment of a bank within an existing commercial building. ENVIRONMENT AL DETERMINATION This project is categorically exempt under Section 15301 Class 1 of the CEQA Guidelines. pertaining to interior and exterior alterations to existing structures; therefore, no environmental action is required. BACKGROUND Background: On August 27, 2002, the Planning Commission approved (4-0, 2 Commissioners absent) a Conditional Use Permit to allow the establishment of a bank within 6,150 square feet of an existing commercial building at 125 E. Campbell Avenue, subject to Conditions of Approval. Condition No.4 of the Conditional Use Permit requires the approval of a Parking Adjustment (per section 21.26.080 of the C.M.c.) for this prpject since the proposed change in use from an office to a bank would require the provision of additional parking spaces due to the higher parking requirement for bank uses. The existing building is approved for office uses and is currently vacant. The building was the location of the Bank of America until 1997. There are two other buildings on the subject parcel that were completed in 2000: a three-story building with a restaurant on the ground floor and 20 apartments on the second and third floors and a two-story office building. The Planning Commission approved Conditional Use Permit No. PLN2002-6 for the establishment of the bank within an existing commercial building at 238 E. Campbell A venue on February 26, 2002. A Parking Adjustment for this project was approved by the City Council on March 19, 2002. The applicant has since decided to establish the bank at 125 E. Campbell City Council Report PLN2002-89 - 125 E. Campbell Avenue - Parking Adjustment A venue, which was previously a bank and still has many features such as a vault and teller counters that can be reused. ANAL YSIS Applicant's Proposal: The applicant is requesting approval of a Parking Adjustment to allow reduced parking space requirements for a proposed 6,150 square foot bank within an existing commercial building located at 125 E. Campbell Avenue. Parking: The existing mixed-use project was approved with a shared parking arrangement with 53 total parking spaces for a mixture of office, retail, and residential uses. The Planning Commission found that the parking demand for this bank would be less than that currently required by the Zoning Ordinance, based on new banking practices that include on-line banking, automatic deposits, 24-hour automatic teller machines and generally less demand for the customer to go to the bank building for services. The Planning Commission based their decision on the finding that the parking requirements for banks and retail uses are similar and proposed bank use are more similar and that the existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. The Planning Commission recommended approval (5-0, 2 Commissioners absent) of the Parking Adjustment finding that the existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. AL TERNA TIVES 1. Approve the Parking Adjustment subject to additional and/or modified Conditions of Approval. 2. Deny the proposed Parking Adjustment. 3. Continue for further review. FISCAL IMPACTS None. - ..... City Council Report PLN2002-89 - 125 E. Campbell A venue - Parking Adjustment Attachments: 1. Draft Council Resolution 2. Planning Commission Minutes, Resolutions & Staff Report - August 27, 2002 Includes the following: Meeting Minutes Planning Commission Resolution No. 3453 (Conditional Use Permit Approval) Planning Commission Resolution No. 3454 (Recommending Approval of the Parking Adjustment) Exhibits (Parcel Map, Site Plan, Floor Plans & Elevations) Location Map Prepared by: Reviewed by: Approved by: "])a.r ~ sMit11 Darcy Smith, Planner II ~~ Shj?n Fie';) Community Development Director O. (j, Þ ,~ Bernard M. Strojny, City Man~gfr - ..... Attachment #2 Planning Commission Mint., of August 27, 2002 rage I *** Acting Chair Doorley read Agenda Item No.4 into the record. 4. PLN2002-89 Kakebeen, R. Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N.A. (Proposed), for a Conditional Use Permit (PLN2002-89) to establish a bank within an existing commercial building owned by Mr. Abbas Haghshenas located at 125 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner I1. Ms. Darcy Smith, Planner II, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit with Parking Adjustment to allow the establishment of Legacy Bank (Proposed) within 6,150 square feet of an existing commercial building. . Added that this site was formerly occupied by Bank of America who vacated in 1997. The building was remodeled and two other buildings constructed. A Parking Exception was granted for Legacy Bank (Proposed) at another Downtown Campbell location. . Pointed out that this new bank can use existing vault and teller counters in this space. A new A TM machine will be installed on the exterior of the building. . Added that this proposal is consistent with the General Plan Land Use and the Central Business District Zoning, which allows banks with a Conditional Use Permit. . Advised that the applicant will need to obtain a Parking Adjustment, as required under the Campbell Municipal Code. In March 2002, Council found bank uses to be more similar to retail than office. The parking requirement difference between the two types of uses is 4.5 spaces. . Recommended approval of a Conditional Use Permit and the forwarding of a recommendation for Council to grant a Parking Adjustment. Acting Chair Doorley opened the Public Hearing for Agenda Item No.4. Mr. Frank Lemey, Applicant's Representative: . Stated that Legacy Bank (Proposed) is honored to be a part of Campbell and that they feel fortunate to have their bank in Campbell. Acting Chair Doorley closed the Public Hearing for Agenda Item No.4. Acting Chair Doorley asked staff to clarify why the Commission should consider this use by retail standards rather than the previous office standard. Planner Darcy Smith: . Replied that while the space is currently approved for office use, a bank functions more like a retail space than an office space. The current parking standards were based on practices 20 years ago. Today, most people use A TM machines, conduct on-line banking, use direct deposit services and/or cash checks at their local supermarket. With those - ..... Planning Commission Minu -' of August 27, 2002 Page 8 . reductions in people coming on site, a bank is more like retail than office use. The retail parking requirement is one space for every 300 square feet of space in the Downtown. Said that the proposal does not meet current office parking standards. However, there have been no complaints over parking at this location. Stated that a parking survey was recently conducted at the Gateway project. There were no complaints by the apartment residents. . Acting Chair Doorley added that the new public parking structure is reasonably close now. Pointed out that the most recent use of this space was by a church. Planner Darcy Smith: . Agreed and pointed out that the site has been vacant for a while now. She added that Stacks Restaurant serves breakfast and lunch and not dinner, which limits its impact on the residents of the building. . Advised that the entire project site requires 82 parking spaces with 53 provided. However, the parking garage is now available. Acting Chair Doorley pointed out that local merchants could walk to this bank. Planner Darcy Smith said that local merchants are a target audience for this bank. Acting Chair Doorley asked who would control the proposed community bulletin board proposed for the existing window area in the current building. Planner Darcy Smith said she would defer this question to the applicant. Mr. Rene Kakebeen, Applicant, Legacy Bank (Proposed): . Stated that the big window in the former (and now future) vault area will be replaced with a bulletin board. The vault will be sealed up and secured again for vault use. However, they wanted to retain the illusion of a window for architectural interest from the street with the installation of this bulletin board. . Assured that the bulletin board would be for community use and that the bank would post the items and manage the timeliness of materials posted on it. Acting Chair Doorley asked what percentage of the bulletin board would consist of bank advertising information versus community and local events. Mr. Rene Kakebeen: . Replied that mostly the information posted would be community items and events. . Added that the bank will also have a Community Meeting Room that they will make available to local groups for after hours meetings. . Stressed that their intent is to be a "community" bank. . Described the number of clients they might see in a day as averaging between 20 and 25, each staying five to ten minutes. On a busy day, the number might be between 30 and 40 clients. . Stated that they will offer on-line banking, courier service for the pick up of deposits and automatic banking. - '-or Planning Commission Minu, J of August 27, 2002 Page 9 Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission took the following action: 1. Adopted Resolution No. 3453 approving a Conditional Use Permit (pLN2002-89) to establish a bank within an existing commercial building owned by Mr. Abbas Haghshenas located at 125 E. Campbell A venue 2. Adopted Resolution No. 3454 recommending approval of a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Use Permit (PLN2002-89) to allow the establishment of a bank at 125 E. Campbell A venue; and 3. Found the project to be Categorically Exempt, by the following roll call vote: A YES: Alderete, Doorley, Gibbons and Jones NOES: None ABSENT: Francois and Hernandez ABST AIN: None Acting Chair Doorley advised that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. *** Acting Chair Doorley read Agenda Item No.5 into the record. Public Hearing to consider the Appeal of Ms. Jill Bakich Collins, on behalf of Equity Office - The Pruneyard, of an Administrative Decision by the Community Development Director for a Tree Removal Permit (PLN2002- 72) to remove a 13-inch in diameter Chinese Elm tree on property owned by Equity Office located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Geoff 1. Bradley, Senior Planner. 5. PLN2002- 72 Collins Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: . Advised that the request is to remove a tree located within a raised planter bed in a plaza area surrounded by Hobee's, Camera Cinema 7, Boswell's and Campbell Coffee Roasting. . Described the tree as a 13-inch Chinese Elm tree, 20 feet high with a 45-foot canopy per Barrie Coates' arborist report, which also states the tree is in excellent health although it has had poor pruning done in the past. . Informed that the stated objectives for removal are that the tree limits the area for theater queuing and visibility of the theaters. . Outlined the three required findings. Two outright cannot be made, that the tree is diseased or a danger and/or that there is the potential for damage. The third required finding must -. ~ County of ßW1ta Clara .' Office of the county Clerk-Recorder POSTED ON C\ 1.j ()~HROUGH loþ) IN THE orH~C~UNTY CLERK-RECOR BRENDA DAVIS,~TY CLERK . ~ .rI . . uNf\,,~' ~ ""' BY DEPUT~ ~~~/ '.. ""N?'^Mt.50Cy'h~ "",...,.. cOunty Govemmenl Cenler. Easl wing 70 West Hedding Street San Jose. Caliromia 95 1 1 0 (408) 299-248 1 NAME OF LEAD AGENCY: C~.~ 'Of CaMpbeÆ\ NAME OF APPLICANT: . . Me. Re' ~ e,\geen 0\1\ bt~tllf of ~CLJ ß3n !}>JA.( f(l)~eJ) CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: *ENVIRONMENT AL DECLARA TIO~NOO RSEP SE? 0 3 ZOOZ :ßRENDA DAVIS, County Clerk.RecordQf :Santa Clara County --n.j? D ty B ~- epu y- ,--~ R\VAS FILING NO. 3 1. ( ) NOTICE OF PREPARATION -NO FEE- (X ) NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION -NO FEE- 2. 3. NOTICE OF DETERMINATION } A-NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C} OF THE PUBLIC RESOURCES CODE $1,250.00 (Twelve Hundred Fifty Dollars}-STATE FILING FEE $25.00 (Twenty-Five Dollars}-CLERK FEE ) B-CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING -NO FEE- ( 4. NOTICE OF DETERMINATION ( ) A-ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE PUBLIC RESOURCES CODE $850.00 (Eight Hundred Fifty Dollars) -STATE FILING FEE $25.00 (Twenty-Five Dollars}-CLERK FEE ) B-CERTIFICA TE OF EXEMPTION DE MINIM US IMPACT FINDING -NO FEE- *THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE. ( MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER I \ Board or supervisors: Donald F. Gage. Blanca Alvarado. Pele MCHugh. James T. Beall Jr.. S. Joseph Similian COUnty Execulive: Richard Willenberg @; .- f-(~~ :;2.\5S~ . - ..... " o,.~ ~~. ð.;. Ù ~ . . '-..,," ".." EIO393 NOTICE OF EXEMPTION To: Office of Planning & Research P.O. Box 3044 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 From: City of Campbell 70 N. First Street Campbell, CA 95008 x County Clerk's Office Santa Clara County 70 W. Hedding Street, East Wing San Jose, CA 95110 (3 copies & cover sheet filled out by planner) Project Title: Legacy Bank. N.A. (Proposed) PLN 2002-89 Project Location - Specific: 125 E. Campbell Avenue Project Location - City: Campbell Project Location - County: Santa Clara County Description of Project: Conditional Use Permit (PLN 2002-89) to allow the establishment of a bank within an existing commercial building. Name of Public Agency Approving Project: City of Campbell Name of Person or Agency Carrying Out Project: Mr. Rene Kakebeen Exempt Status (check one) 0 Ministerial (Sec. 21O80(b)(1); 15268); 0 Declared Emergency (Sec. 21O80(b)(3); 15269(a); 0 Emergency Project (Sec. 21O80(b)(4); 15269(b)(c); . Categorical Exemption. State type and section number: Section 15301 Class 1 of the CEQA Guidelines pertaining to interior and exterior alterations to existing structures 0 Statutory Exemptions. State code number: Reasons why project is exempt: establishment of a bank within 6,150 sq. ft. of an existing commercial building. Lead Agency Contact Person: Darcy Smith Phone: (408) 866-2193 Signature: ~Jcvr~ . Signed by Lead Agency 0 Signed by Applicant Date: '8 rZq '02. Title: PI a V\ n er :n: Date Received for filing at OPR: 8/29/02 -. ...... Silicon Valley Mar !ment Company 55 N. 3rd Street, Suite 200 P.O. Box 1825 Campbell CA 95009-1825 Phone: 408.376.0660 Fax: 408.376.0440 RECEiVED August 30, 2000 AUG 3 1 2000 Redevelopment Agency Geoff 1. Bradley Redevelopment Coordinator City of Campbell 70 North First Street Campbell, CA 95008-1423 Re: Parking at The Gateway - 45 & 55 North Third Street Dear Mr. Bradley: This letter is in response to your letter dated August 17, 2000 for which I thank you. My firm Silicon Valley Management Company manages the office building for Silicon Valley Holding, LLC of which I am a member/owner. Based on your request in respect to paragraph one and two of your letter, we are prepared to do the following: Para!!raph One: Leave as you suggested with a slight modification (see letter Robert Salwasser). Para~ravh Two: We request a modification either by additional signage or marking to show the reverse of paragraph one as follows: The parking row in front of 55 North Third Street to be reserved for business use between the hours of 8:00 a.m. and 6 p.m. and allow shared usage between the hours of 6:00 p.m. and 8:00 a.m. and on Saturday and Sunday with no limitations. .. In respect to 55 N. Third Street striping ("OfficeReserved"), I personally met and discussed this issue with Mr. Tim Haley in detail at your facility during the month of May, 2000. It was agreed at that time that we could stripe the area in front of our offices but no more. Prior to meeting with Mr. Haley, I had discussed the issue with Mr. Abbas who had agreed as well. I wanted to make certain to have this issue discussed with both gentlemen (Tim Haley and Abbas Hagshenas) before we spent the money for striping. As a businessman I relied on their word. Since both parties agreed we completed the striping in front of our building on June 10, 2000. It is also important to note that at this time the parties concerned (Abbas Hagshenas, Wolfgang Remkes (Silicon Valley Holding, LLC), Unity Center of Silicon Valley ("The Church") & Stacks do not encounter a parking problem within our private property common parking area. - ..". We feel that it is actually in everyone's best interest to have the parking area striped, so Mr. Hagshenas, Stacks, the Church and myself can control any unauthorized vehicles from parking on our spaces in addition to infonning our respective tenants where they should and should not park according to their leases. We have had good experience with this over the past few months. Two isolated incidents occurred when Stacks opened between a tenant on Mr. Hagshenas side and the misunderstandings were cleared up. No further incidents occurred. Stacks' Restaurant lease is based and signed upon 11 spaces and we have 18 available. During the morning, day and evening, there are most days vacancies even after Stacks has been in operation for l-Yl months. Mr. Hagshenas has designed this complex in such a fashion that all parties complement each other from a time-usage perspective of the parking spaces (our "time" being "office-business", hours Monday - Friday 8 a.m. to 6 p.m.). We feel to have solved this issue to the best of our ability and hope you can help by letting us proceed in the requested above stated fashion. Once we have a final confinnation from you, I will add the additional marking/signage. Thank you again for your time and efforts and we look forward to your response. 74~~~Ç Wolfgang Remkes, Silicon Valley Holding, LLc. c.c. Michael Holt Abbas Hagshenas 2 . 't 0\ . CAI11 . :ñ.:,., ~ < ~ !:: \"" U r- CAMPBELL -' -'- ~ "- (' ,-,' .ORCHA\<O' L " - - ----------- u CITY OF CAMPBELL Community Development Department August 29,2002 Legacy Bank, N.A. (Proposed) 4595 CheTI)' A venue San Jose, CA 95118 Re: PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Dear Applicant: Please be advised that at its meeting of August 27, 2002, the Planning Commission took the following action: 1. Adopted Resolution No. 3453 approving a Conditional Use Permit to allow the establishment of a bank on the above-referenced property and 2. Adopted Resolution No. 3454 recommending Council approval of a Parking Adjustment to allow reduced parking space requirements for on-site parking spaces in conjunction with a Use Permit to allow the establishment of a bank within an existing building on the above referenced property. This item will be considered by Council at its meeting of September 17th for final action on the Parking Adjustment. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, J)CV\UJ ~11L1VJ Darcy Smith Planner II Cc: Harold Housley, Public Works Frank Mills, Building Chris Veargason, County Fire Abbas Haghshenas (Property Owner) 127 E. Campbell A venue Campbell, CA 95008 70 North First Street - Campbell, California 95008-1436 - TEL 408_866-2140 - FAX 408.871 - 5140 . TOD 408.866.2790 - ... RESOLUTION NO. 3453 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-89) TO ESTABLISH A BANK WITlllN AN EXISTING COMMERCIAL BUll.DING OWNED BY MR. ABBAS HAGHSHENAS LOCATED AT 125 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. RENE KAKEBEEN, ON BEHALF OF LEGACY BANK, N.A. (PROPOSED). FILE NO. PLN2002-89. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 5. The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project consists of the establishment of a bank within 6,150 square feet of an existing commercial building. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonably possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. - . T Planning Commission ResolUtion No. 3453 PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Page 2 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2002-89) to allow the establishment of Legacy Bank, N.A. (Proposed), within an existing commercial building owned by Mr. Abbas Haghshenas at 125 E. Campbell A venue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Project Approval: Approval is granted for a Conditional Use Permit (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. Campbell A venue, consisting of tenant improvements and minor storefront remodel. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval: The Conditional Use Permit approval shall be valid for a period of one year from the date of final approval. Within this one-year period, a building permit must be obtained and construction completed one year thereafter or the Conditional Use Permit shall be void. Approval of the Conditional Use Permit is contingent upon approval of a Parking Exception by the City Council allowing off-site parking to meet the parking requirements for the commercial building. -. ... Planning Commission ResOlution No. 3453 PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Page 3 3. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details for any proposed exterior changes. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Provide a detail of the A TM and deposit drop box. b. Providing window and door schedules for high quality of window treatments and styles. All windows shall be consistent with the architectural style of the existing structure. 4. Parking Adjustment: Prior to the issuance of building permits, the applicant shall obtain approval of a parking adjustment by the City Council pursuant to section 21.26.080 of the c.M.c. for the reduction in the amount of required parking spaces. 5. Landscaping: The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director that shows the placement of planters around the Campbell A venue frontage and the planting and training of vines growing up the west side of the building to soften the brick exterior prior to issuance of any building permits for the site. a. All landscaping installed as required per the approved landscape plan shall be maintained in good health. b. All landscaping shall be installed prior to building occupancy. 6. Signage: No signage is approved as part of the development applications approved herein. Signing shall be architecturally compatible with the building. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in the Sign Ordinance. Buildin2 Division: 7. Permits Required: A building permit application shall be required for the proposed conversion of the structure from residential to commercial use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. x 36 in. 10. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 11. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. - .... Planning Commission ResolUtion No. 3453 PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Page 4 12. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 13. Special Inspections: When a special inspection is required by V.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 14. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 15. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 16. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 17. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department PASSED AND ADOPTED this 27th day of August, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Gibbons and Jones None Francois and Hernandez None APPROVED: George Doorley, Acting Chair ATTEST: Sharon Fierro, Secretary -. .,. RESOLUTION NO. 3454 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROV AL OF A PARKING ADJUSTMENT TO ALLOW REDUCED PARKING SPACE REQUIREMENTS FOR ON-SITE PARKING SPACES IN CONJUNCTION WITH A USE PERMIT (PLN2002-89) TO ALLOW THE ESTABLISHMENT OF A BANK WITHIN AN EXISTING COMMERCIAL BUll..DING OWNED BY MR. ABBAS HAGHSHENAS LOCATED AT 125 E. CAMPBELL A VENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. RENE KAKEBEEN, ON BEHALF OF LEGACY BANK, N.A. (PROPOSED). FILE NO. PLN2002-89. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The property was approved with a shared parking arrangement for the office, retail, and residential uses. A total of 53 parking spaces are provided. At the time that the Parking Adjustment was approved by the City Council for the development of the mixed-use project in 1997, a mixed-use parking analysis was completed that projected a maximum demand of 32 to 59 spaces depending on the time of day. 4. As part of the previous approval of the Parking Adjustment for the alternative bank location in March 2002, the City Council found that the proposed bank use are more similar to retail uses and that the current parking requirement for banks is outdated. 5. The existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonably possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. - ",. Planning Commission ResolUtion No. 3454 Recommending Approval of a Parking Adjustment PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed parking area will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed parking area is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. The proposed parking area is compatible with the uses in the area. 6. The existing parking will adequately meet the demands generated by the change in use. 7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a parking adjustment to allow reduce parking space requirements for on-site parking spaces in conjunction with a Use Permit (PLN2002-89) to allow the establishment of a bank within an existing commercial building owned by Mr. Abbas Haghshenas located at 125 E. Campbell A venue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT PlanniDl! Division 1. Project Approval: Approval is granted for a Parking Adjustment (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. - ,.. ..,. Planning Commission Resoh.üion No. 3454 Recommending Approval of a Parking Adjustment PLN2002-89 - 125 E. Campbell Avenue - Use Permit - Legacy Bank, N.A. (Proposed) Page 3 Campbell Avenue with an on-site parking deficiency. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. PASSED AND ADOPTED this 27th day of August, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Gibbons and Jones None Francois and Hernandez None APPROVED: George Doorley, Acting Chair A ITEST: Sharon Fierro, Secretary -. .". CAMPBELL ~ ITEM NO.4 STAFF REPORT - PLANNING COMMISSION MEETING OF AUGUST 27, 2002 Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, for a Conditional Use Permit (PLN2002-89) to allow the establishment of a bank within an existing commercial building with a Parking Adjustment on property located at 125 E. Campbell A venue in a C-3-S (Central Business District) Zoning District. PLN2002-89 Kakebeen, R. STAFF RECOMMENDATION That the Planning Commission takes the following actions: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow the establishment of a bank within an existing commercial building, subject to the attached Conditions of Approval. 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Parking Adjustment to allow reduced parking space requirements for on- site parking spaces. ENVIRONMENT AL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to interior and exterior alterations to existing structures. PROJECT DATA Gross Lot Area: Net Lot Area: Building Area: Building A Bank (Proposed): Office: Building B Retail: Apartments: Building C Retail (First Floor): Office (Second Floor): Total - c< .,. 52,950 sq. ft. (1.22 acres) 35,800 sq. ft. (.82 acres) 6,150 sq. ft. 750 sq. ft. 4,500 sq. ft. 17,425 sq. ft./ 20 units 2,500 sq. ft. ~ sq. ft. -:3,050 1>.\. 33,625 sq. ft. ?>~I '3,S ~~. Staff Report - Planning ClJuunission Meeting of August 27, 2002 PLN2002-89 - 125 E. Campbell Avenue Page 2 of 4 Floor Area Ratio: 0.94 Parking: Required: 30.8 spaces 33 spaces 23.3 spaces ".0~ spaces ~.1~ spaces Bank 1:200 sq. ft. @ 6,150 sq. ft. Residential 20 units @ 1.5 or 2 per unit Retaill:300 @ 7,000 sq. ft Office 1:385 sq. ft. @~ sq. ft. Total 3,?J)D Provided: 53 spaces (50 standard and 3 disabled spaces) Operational Hours: Mon.-Thurs. Friday: Sat. & Sun.: 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 6:00 p.m. Closed DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow the establishment of a bank within 6,150 square feet of an existing commercial building located at 125 E. Campbell A venue. The project site is located on the northwest comer of E. Campbell A venue and Third Street. Background: The existing building is approved for office uses and is currently vacant. The building was the location of the Bank of America until 1997. There are two other buildings on the subject parcel that were completed in 2000: a three-story building with a restaurant on the ground floor and 20 apartments on the second and third floors and a two-story commercial building. The Planning Commission approved Conditional Use Permit No. PLN2002-6 for the establishment of the bank within an existing commercial building at 238 E. Campbell A venue on February 26, 2002. A Parking Exception for this project was approved by the City Council on March 19, 2002. The applicant has since decided to establish the bank at 125 E. Campbell A venue, which was previously a bank and still has many features such as a vault and teller counters that can be reused. ANAL YSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The proposed project is consistent with the land use designation. Zoning Designation: The zoning designation for the project site is C-3-S (Central Business District.) Banks are permitted in the C-3-S Zoning District with the approval of a Conditional Use Permit. Downtown Development Policies: The project site is located within an area subject to the Downtown Development Policies that includes guidelines for development in the core area of the downtown. These guidelines encourage commercial uses that retain the traditional character and scale of downtown Campbell. The building elevations incorporate design features that comply - . T Staff Report - Planning Coulmission Meeting of August 27, 2002 PLN2002-89 -125 E. Campbell Avenue Page 3 of 4 with the development review regulations by maintaining the comfortable scale and character of small town businesses and the retail storefront environment desired in the Downtown. Site Plan: The site plan indicates three buildings and a total of 53 on-site parking spaces. Legacy Bank will be the primary occupant of Building A. Architecture: The front façade of the commercial building will be modified through the addition of a new automatic teller machine and night deposit box. An existing window within the vault will be modified in order to secure the vault. A new false window will be added with a community billboard behind it that is accessible from the exterior of the building. Parking: The property was approved with a shared parking arrangement for the office, retail, and residential uses. A total of 53 parking spaces are provided. At the time that the Parking Adjustment was approved by the City Council for the development of the mixed-use project in 1997, a mixed-use parking analysis was completed that projected a maximum demand of 32 to 59 spaces depending on the time of day. At that time the amount of parking required for the project was 82 total spaces, based on the assumption that the Bank building would be occupied by office uses. As part of the previous approval of the Parking Adjustment for the alternative bank location in March 2002, the City Council found that the proposed bank use is more similar to retail uses and that the current parking requirement for banks is outdated. The current parking requirement for banks (1:200 square feet) exceeds the standard required for retail uses (1:300 square feet). This requirement was developed in the early 1980's when banks relied more heavily on direct person- to-person banking than today when many transactions are handled electronically or after hours at an A TM machine. Staff finds that modem banking operations are more similar to retail uses and therefore the current parking requirement for banks is outdated. If the retail parking standard were applied, the parking demand for the entire site would be 9B uses, which falls short of the parking provided on site by ~ spaces. . ~ì.3 3Ý Condition No.4 of the Conditional Use Permit requires the approval of a Parking Adjustment (per section 21.26.080 of the C.M.c.) for this project since the proposed change in the approved use from an office to a bank would require more parking than is currently provided. The City Council, upon recommendation by the Planning Commission, may approve the Parking Adjustment after finding that the existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. In the past, parking adjustments have been approved for Stoddard's, the DeVries building, the office/retail project at 175-201 E. Campbell A venue and the conversion of the residence at 46 N. Second Street into offices. Landscaping: Staff is recommending a Condition of Approval that requires the applicant to place planters around the Campbell A venue frontage and train vines to grow up the west side of the building to soften the brick exterior. Attachments: 1. Findings for Approval of File No. PLN2002-89 (Conditional Use Permit) - .. 'T Staff Report - Planning Coulrnission Meeting of August 27, 2002 PLN2002-89 - 125 E. Campbell A venue Page 4 of 4 2. Findings for Recommending Approval of File No. PLN2002-89 (Parking Adjustment) 3. Conditions of Approval for File No. PLN2002-89 (Conditional Use Permit) 4. Recommended Conditions of Approval for File No. PLN2002-89 (Parking Adjustment) 5. Exhibits (Site Plan, Floor Plans & Elevations) 6. Location Map Prepared by: 1:tu-~ ~ Darcy Sfrrlth, Planner II ~~ Approved by: ,:f] -. T Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2002-89 (CONDITIONAL USE PERMIT) SITE ADDRESS: APPLICANT: DATE: 125 E. Campbell Avenue Rene Kakebeen August 27, 2002 Findings for approval of a Conditional Use Permit to allow the establishment of a bank within an existing commercial building. The Planning Commission finds as follows with regard to File No. PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 5. The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project consists of the establishment of a bank within 6,150 square feet of an existing commercial building. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonably possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. -. "T Attachment #1 Page 2 of 2 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. - . T Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2002-89 (PARKING ADJUSTMENT) SITE ADDRESS: APPLICANT: DATE: 125 E. Campbell A venue Rene Kakebeen August 27, 2002 Findings for approval of a Parking Adjustment to allow a reduction in the required amount of parking spaces to serve a proposed bank at 125 E. Campbell Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-89: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area. 2. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. 3. The property was approved with a shared parking arrangement for the office, retail, and residential uses. A total of 53 parking spaces are provided. At the time that the Parking Adjustment was approved by the City Council for the development of the mixed-use project in 1997, a mixed-use parking analysis was completed that projected a maximum demand of 32 to 59 spaces depending on the time of day. 4. As part of the previous approval of the Parking Adjustment for the alternative bank location in March 2002, the City Council found that the proposed bank use are more similar to retail uses and that the current parking requirement for banks is outdated. 5. The existing parking will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. 6. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 7. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonably possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. - . T Attachment #2 Page 2 of 2 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed parking area will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 4. The proposed parking area is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 5. The proposed parking area is compatible with the uses in the area. 6. The existing parking will adequately meet the demands generated by the change in use. 7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project ---- ,'. -T' Attachment #3 RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-89 (CONDITIONAL USE PERMIT) SITE ADDRESS: APPLICANT: DATE: 125 E. Campbell Avenue Rene Kakebeen August 27, 2002 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Project Approval: Approval is granted for a Conditional Use Permit (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. Campbell A venue, consisting of tenant improvements and minor storefront remodel. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. 2. Conditional Use Permit Approval: The Conditional Use Permit approval shall be valid for a period of one year from the date of final approval. Within this one-year period, a building permit must be obtained and construction completed one year thereafter or the Conditional Use Permit shall be void. Approval of the Conditional Use Permit is contingent upon approval of a Parking Exception by the City Council allowing off-site parking to meet the parking requirements for the commercial building. 3. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details for any proposed exterior changes. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Provide a detail of the A TM and deposit drop box. - '. "T Attachment #3 Page 2 of 3 b. Providing window and door schedules for high quality of window treatments and styles. All windows shall be consistent with the architectural style of the existing structure. 4. Parking Adjustment: Prior to the issuance of building permits, the applicant shall obtain approval of a parking adjustment by the City Council pursuant to section 21.26.080 of the c.M.C. for the reduction in the amount of required parking spaces. 5. Landscaping: The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director that shows the placement of planters around the Campbell A venue frontage and the planting and training of vines growing up the west side of the building to soften the brick exterior prior to issuance of any building permits for the site. a. All landscaping installed as required per the approved landscape plan shall be maintained in good health. b. All landscaping shall be installed prior to building occupancy. 6. Signage: No signage is approved as part of the development applications approved herein. Signing shall be architecturally compatible with the building. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in the Sign Ordinance. Building Division: 7. Permits Required: A building permit application shall be required for the proposed conversion of the structure from residential to commercial use. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. x 36 in. 10. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 11. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. 12. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. -. ;r Attachment #3 Page 3 of 3 13. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 14. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 15. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 16. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 17. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department - .,. Attachment #4 RECOMMENDED CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-89 (PARKING ADJUSTMENT) SITE ADDRESS: APPLICANT: DATE: 125 E. Campbell Avenue Rene Kakebeen August 27, 2002 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannine Division 1. Project Approval: Approval is granted for a Parking Adjustment (PLN2002-89) allowing the establishment of a bank in an existing commercial building on property located at 125 E. Campbell A venue with an on-site parking deficiency. The building and site design shall substantially conform to the set of plans submitted by Bruno Marcelic, Architect, on July 15, 2002, including building elevations and site plan, except as may be modified by the Conditions of Approval herein. - ..,. ß Le gacyBANK,N.A. (PROPOSED) ------- -----------~--------~------_._._.._._----- - Planning Department Attn: Sharon Fierro Community Development Director 70 North First Street Campbell, CA 95008 Rt::CEIVED AUf' .- If 2 J 'In C' - l.u(!2 ,rYOF c PLANNING'AMP8t:LL DEPT. . August 20, 2002 Dear Sharon: Please let me begin by thanking you and your staff for your continued support. It is testimony to the wise decision we made in wanting to choose the City of Campbell as our headquarters location. Mr. Frank Leamy has indicated that he has talked to your office regarding our desire to begin our build-out prior to receiving formal approval from the City Planning Department and the City Council. We are seeking to do this in order to meet our anticipated opening date. Should you allow us to "pull" improvement permits prior to the issuance of the above- referenced approvals, please accept this letter as our "hold harmless" to the City of Campbell from claims and/or losses related to this specific action. Legacy Bank acknowledges that the required approvals, as indicated above, have not been issued. Should you require any additional documentation as to this matter, please do not hesitate to call. Sinc ely, .- ~ Ren' . Kakebeen EVP/Chief Banking Officer Cc: Geoff Bradley, Sr. Planner Bill Brockard, Building Dept. 4595 Cherry Ave San Jose, CA 951 ] 8 0\ . CAItt . ~~ ;:;. (" - f"'" V r- CAMPBELL -' -'- ~ "- r (> 'ORCHA\«:>' t- l- . " CITY OF CAMPBELL u Community Development Department August 16, 2002 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, August 27, 2002, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N.A. (Proposed), for a Conditional Use Permit (PLN2002-89) to establish a bank within an existing commercial building owned by Mr. Abbas Haghshenas located at 125 E. Campbell A venue in the C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2002-89 Address: 125 E. Campbell Avenue 70 North First Street. Campbell, California 95008-1436 T[1.408.866.2140. FAX408.871.5140. TDD408.866.2790 ~-.f2t SCVA 234 E. Campbell Avenue Campbell, California 95008 Business (408) 866-8801 Fax (408) 866-0369 February 11,2002 To Whom It May Concern: Century 21 SCV A has agreed to sublease approximately 6,200 square feet of its building at 234 East Campbell Avenue to Legacy Bank N.A. (Proposed). All relevant terms of the sublease have been negotiated to our satisfaction and we look forward to their occupancy on May I, 2002. Please feel free to contact me at 866-880 I with any questions. ¿;~ Robert Raffanti Each Office Is Independently Owned And Operated --¡--.__._'-----_._-'---~'--_.. .-. ""-"--'--""