Loading...
Use Permit - 2002MEMORANDUM To: From: D ate: Subject: Darcy Smith Planner II, Community Development Dept. Jan~emsley Deity City Clerk March 21, 2002 Parking Adjustment in conjunction with Conditional Use Permit (PLN 2002-6) - 238 E. Campbell Avenue At the regular meeting of March 19, 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- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) permitting the establishment of a bank within an existing commercial building on property owner by Mr. Robert Raffanti at 238 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. After due consideration and discussion, the City Council adopted Resolution No. 9994 approving a Parking Adjustment to allow reduced parking space requirements for on- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) permitting the establishment of a bank within an existing commercial building on property located at 238 E. Campbell Avenue, subject to findings and conditions of approval. A certified copy of this Resolution is attached for your records, together with a copy of the letter sent to Mr. Kakebeen on behalf of Legacy Bank, N.A. in follow up to the City Council's action. CITY OF CAMPBELL City Clerk's Office March 21, 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 March 19, 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- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) permitting the establishment of a bank within an existing commercial building on property, owned by Mr. Robert Raffanti, at 238 E. Campbell Avenue in the C-3-S (Central Business Distric0 Zoning District. After hearing public testimony, and City Council consideration and discussion, the City Council took the following action: Adopted Resolution 9994 approving a Parking Adjustment to allow reduced parking space requirements for on- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) permitting the establishment of a Bank within an existing commercial building on property located at 238 E. Campbell Avenue, incorporating the findings and subject to the Conditions of Approval. A certified copy of Resolution 9994 is enclosed for your records. Continued ... 70 North First Street Campbell, California 95008.1423 · TEL 408.866.2117 · FnX 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. Sincerely, Anne Bybee City Clerk Enc. cc. Thomas E. Ray, Chairman, Legacy Bank, N.A., 4594 Cherry Lane, San Jose 95118 Robert L. Raffanti, 1711 Marseilles Court, San Jose, CA 95138 Darcy Smith, Planner II, Corem. Develop. Dept. RESOLUTION NO. 9994 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PARKING ADJUSTMENT TO ALLOW REDUCED PARKING SPACE REQUIREMENTS FOR ON- AND OFF-SITE PARKING SPACES IN CONJUNCTION WITH A CONDITIONAL USE PERMIT (PLN 2002-6) PERMITTING THE ESTABLISHMENT OF A BANK WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. ROBERT RAFFANTI AT 238 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. PLN2002-6. 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 PLN2002-6: 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. The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces' for the bank, retail and offices uses. 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 provision of shared parking will compensate for the lack of parking designated for the businesses. The parking in both lots will be required to be made available by the public on weekday evenings after 6:00 p.m. and all day on the weekends. The parking areas shall be posted with signage indicating that the parking is available to the public during these times. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 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. 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. City Council Resolution PLN2002-6- 238 E. Campbell Avenue- Parking Adjustment 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 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- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) 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. COMMUNITY DEVELOPMENT DEPARTMENT Project Approval: Approval is granted for a Conditional Use Permit (PLN 2002-6) allowing the establishment of a bank in an existing commercial building on property located at 238 E. Campbell Avenue, consisting of tenant improvements, storefront remodel, and on- and off- site parking lot improvements. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Bruno Marcelic, Architect, on February 15, 2002, including building elevations and site plan. b. Color elevation submitted by Bruno Marcelic, Architect, on February 15, 2002. Parking and Driveways: Ail parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Additionally, the following requirements shall be met: a. As required by the C-3-S Zoning District and in the interests of providing shared parking facilities in the downtown, the property owners are required to allow the City Council Resolution PLN2002-6- 238 E. Campbell Avenue - Parking Adjustment Page 3 Co public usage of both parking lots in the weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking area~ ~hall be po~ted with signage indicating that the parking is available to the public during these times before issuance of a certificate of building occupancy. Before the issuance of building permits, the applicant shall execute a deed restriction on the off-site parking lot at 262 Pine Avenue stipulating that all the parking on the parcel is required for the commercial buildings at 238 E. Campbell Avenue and 260-66 E. Campbell Avenue. All compact spaces shall be marked as compact. PASSED AND ADOPTED this ._~_t.bday of March , 2002, by the following roll call vote: AYES: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson NOES: COUNCIl.MEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCIl JMEMBERS: None ATTEST: APPROVED: Anne Bybee, City Clerk Jea~ette Watson, Mayor Oty Council Report ITEM NO: CATEGORY: lV~.RTING DATE: 13. Public Hearing March 19, 2002 TITLE Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank, N.A. (Proposed), for approval a Parking Adjustment to allow reduced parking space requirements for on- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) permitting the establishment of a bank within an existing commercial building on property owned by Mr. Robert Raffanti at 238 E. Campbell Avenue 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- and off-site parking spaces in conjunction with a Conditional Use Permit (PLN 2002-6) to allow the establishment of a bank within an existing commercial building. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301 Class 1 of the CEQA Guidelines pertaining to Existing Facilities; therefore, no environmental action is required. BACKGROUND Background: On February 26, 2002, the Planning Commission approved (5-0, 2 Commissioners absent) a Conditional Use Permit to allow the establishment of a bank within 5,168 square feet of an existing commercial building at 238 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 project since the proposed change in use fi.om an office to a bank would require more parking than is currently provided. Shared parking is provided for the proposed bank, the existing office use at 234 E. Campbell Avenue, and the existing retail uses at 260-66 E. Campbell Avenue on three parcels, one of which consists of parking spaces only and is located off an alley (Pine Avenue) that runs behind the buildings. The project site is located on the southeast comer of E. Campbell Avenue and Second Sueet. City Council Report PLN2002-6- 238 E. Campbell Avenue - Parking Adjustment ANALYSIS Applicant's Proposal: The applicant is requesting approval of a Parking Adjustment to allow reduced parking space requirements for on- and off-site parking spaces for a proposed bank. parking: The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. However, the current parking requirement for banks (1:200 square feet) exceeds the standard required for retail uses (1:345 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 ATM machine. Staff finds that modern banking operations are more similar to retail uses and therefore the current parking requirement for banks is outdated. Staff finds 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 (200 E. Campbell Avenue), the DeVries building (267 E. Campbell Avenue), the Gateway Project (125 E. Campbell Avenue), the office/retail project at 175-201 E. Campbell Avenue and the conversion of the residence at 46 N. Second Street into offices. The Central Commercial Ordinance requires parking in the C-3 District to be provided in shared parking facilities. The parking in both of the lots will be required to be made available to the public on weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas shall be posted with signage indicating that the parking is available to the public during these times. 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. The provision of shared parking will compensate for the lack of parking designated for the businesses. ALTERNATIVES 1. Approve the Parking Adjustment subject to Approval. 2. Deny the proposed Parking Adjustment. 3. Continue for further review. additional and/or modified Conditions of FISCAL IMPACTS None. City Council Report PLN2002-6- 238 E. Campbell Avenue - Parking Adjustment Attachments: 1. 2. Draft Council Resolution Planning Commission Minutes, Resolutions & Staff Report - February 26, 2002 Includes the following: Exhibits (Parcel Map, Site Plan, Floor Plans & Elevations) Planning Commission Resolution No. 3415 (Conditional Use Permit Approval) Location Map Approved by: Reviewed by: Darcy Smith, Planner Sharon Fierro, Community Development Director anager Prepared by: Cqunry of Santa Clal Office of the County Clerk-Recorder County Government Center, East wing 70 west Hedding Street .San Jose. California 9511 o (4.08) 299-2481 OFFICE OF THE COUNTY CLER :D:, DAVIS ' UNTYCLERK NAME OF LEAD AGENCY: NAME OF A?PLiCANT: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. ( ) NOTICE OF PREPARATION --NO FEE-- MAR 0 1 i~RENDA DAVIS, County Clerk-Re¢o~da' nta Clara Couo~ By ~ ~ Depu~ [AU A RIVA FikiNG NO. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION --NO FEE-- " 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 reNO FEEm 4. NOTICE oF DETERMINATION ( ) AmENVIRONMENTAL 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--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING reNO 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: COUN .'EY CLERK-RECORDER Board of Supe~'isors: Donald F Gage. Btanca Alvarado. Pete McHugh. Jar~s T. Be. all Jr.. S. Joseph Similian County Executive: Richard wmenberg NOTICE OF EXEMPTION 9940 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 951 I0 (3 copies & cover sheet filled out by planner) Project Title: Legacy Bank Project Location - Specific: 238 E. Campbell Avenue Project Location-City: Campbell Project Location - County: Santa Clara County Description of Project: Conditional Use Permit to allow the establishment of a bank within 5,168 square feet of an existing commercial building at 238 E. Campbell Avenue. Name of Public Agency Approving Project: City of Campbell Name of Person or Agency Carrying Out Project: Legacy Bank, N.A. (Proposed) Exempt Status (check one) O Ministerial (Sec. 21080(b)(1); 15268); O Declared Emergency (Sec. 21080(b)(3); 15269(a); O Emergency Project (Sec. 21080(b)(4); 15269(b)(c); · Categorical Exemption. State type and section number: O Statutory Exemptions. State code number: Section !530[ Class Reasons why project is exempt: Existing Facilities Lead Agency Contact Person: Signature: · Signed by Lead Agency 0 Signed by Applicant Phone: (408) 866-2193 Darcy Smith Date: Z.'~.~" ~- Title: Date Received for filing at OPR: 2/27/02 Planning Commission Minutes of February 26, 2002 Page 12 5. PLN2002-06 Kakebeen, R. Public Heating 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 II 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 comer 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 Intemet 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 II 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 Minutes 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 Lemay, 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. AD~IOURNMENT 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, Recording Secretary APPROVED BY: Tom Francois, Chair ATTEST: Sharon Fierro, Secretary CITY OF CAMPBELL Community Development Department - Current Planning March 5, 2002 Mr. Rene A. Kakebeen Legacy Bank, N.A. (Proposed) 4594 Cherry Avenue San .lose, CA 95118 Re: PLN2002-06 - 238 E. Campbell Avenue Use Permit - Legacy Bank, N.A. (Proposed) Dear Applicant: Please be advised that at its meeting of February 26, 2002, the Planning Commission adopted Resolution No. 3415 approving a Conditional Use Permit (PLN2002-06) to allow the establishment of a bank within an existing commercial building on the above- referenced property. Attached is a corrected Planning Commission Resolution for your records. Please disregard the original Resolution sent to you on February 28th as there were errors contained. This application will be considered by City Council for final action, contingent upon approval of a parking exception. The Council meeting date is Tuesday, March 19, 2002, at 7:30 p.m. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Ge~off J Br a~dl ey~~~'''4'''' Senior Planner CC: Thomas E. Ray, Chairman Legacy Bank, N.A. (Proposed) 4594 Cherry Avenue San Jose, CA 95118 Frank Lemay c/o Mama Mia's 200 E. Hamilton Avenue Campbell, CA 95008 Robert Raffanti (Prop Owner) 1711 Marseilles Court San Jose, CA 95138 Bruno Marcelic (Project Architect) 365 E. Campbell Avenue Campbell, CA 95008 70 North First Street - Campbell, California 95OO8-1436 · 'lf!l. 408.866.2140 . F~,x 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3415 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-06) TO AI J.OW THE ESTABLISHMENT OF A BANK, LEGACY BANK, N.A. (PROPOSED) WITHIN AN EXISTING COMMERCIAL BUII.DING ON PRPOERTY OWNED BY MR. ROBERT RAFFANTI AT 238 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. PLN2002-06. 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 PLN2002-06: o 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. The proposed project is consistent with policies and the design guidelines of the Campbell Downtown Development Plan. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. 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 provision of shared parking will compensate for the lack of parking designated for the businesses. The proposed project consists of the establishment of a bank within 5,168 square feet of an existing commercial building. The front fagade of the commercial building will be remodeled to create an attractive storefront appropriate for the Downtown. 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 Resot~,~lon No. 3415 PLN2002-06 - 238 E. Campbell Avenue Conditional Use Permit for 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. o 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 (PLN2002-06) to allow the establishment of Legacy Bank, N.A. (Proposed) within an existing commercial building on property owned by Mr. Robert Raffanti at 238 E. Campbell Avenue, 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 Project Approval: Approval is granted for a Conditional Use Permit (PLN 2002-6) allowing the establishment of a bank in an existing commercial building on property located at 238 E. Campbell Avenue, consisting of tenant improvements, storefront remodel, and on- and off- site parking lot improvements. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: Planning Commission Resolution No. 3415 PLN2002-06 - 238 E. Campbell Avenue Recommending Approval for Use Permit for Legacy Bank, N.A. (Proposed) Page 3 a. Set of plans received by Bruno Marcelic, Architect, on February 15, 2002, including building elevations and site plan. b. Color elevation submitted by Bruno Marcelic, Architect, on February 15, 2002. 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. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. 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. Providing a color/material sample board specifying color palette, textures and materials. b. Provide a detail of the ATM and deposit drop box. Co Providing window schedules for high quality of window treatments and styles reflecting the high quality windows depicted on the front elevation. All windows shall be consistent with the architectural style of the existing structure. d. Providing architectural details that are carried throughout all building elevations. e. Providing roof equipment screening to obscure visibility and to preserve the architectural integrity of the buildings. f. Providing high quality materials throughout the project. 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. Parking and Driveways: Alt parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Additionally, the following requirements shall be met: As required by the C-3-S Zoning District and in the interests of providing shared parking facilities in the downtown, the property owners are required to allow the public usage of both parking lots in the weekday evenings after 6:00 p.m. and alt day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas shall be posted with signage indicating that the parking is Planning Commission Reso,_~on No. 3415 PLN2002-06 - 238 E. Campbell Avenue Recommending Approval for Use Permit for Legacy Bank, N.A. (Proposed) Page 4 available to the public during these times before issuance of a certificate of building occupancy. Before the issuance of building permits, the applicant shall execute a deed restriction on the off-site parking lot parcel stipulating that all the parking on the parcel is required for the commercial buildings at 238 E. Campbell Avenue and 260-66 E. Campbell Avenue. c. All compact spaces shall be marked as compact. Landscaping: The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director 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. 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. o Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. The design of the enclosure shall be compatible with the building and shall meet the requirements of Section 6.04.080 of the Campbell Municipal Code. Building Division 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/Plumbinod'Ivlechanical fees when such work is part of the permit. 10. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 11. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. x 36 in. 12. 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. 13. 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 Planning Commission Resolt,~on No. 3415 PLN2002-06 - 238 E. Campbell Avenue Recommending Approval for Use Permit for Legacy Bank, N.A. (Proposed) Page 5 shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 c. Public Works Department 20. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 21. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently $255.00. The plans shall include the following: Planning Commission Reso,_,~on No. 3415 PLN2002-06 - 238 E. Campbell Avenue Recommending Approval for Use Permit for Legacy Bank, N.A. (Proposed) Page 6 ao bo Co Removal of existing non-ADA compliant driveway approach on Campbell Avenue and installation of standard commercial ADA compliant driveway approach and related curb, gutter, and sidewalk as determined by the City Engineer. Reconstruction of the two undersidewalk drainage pipes and inlets on each side of the new ADA compliant driveway approach, including installation of fossil filters. Construction of conforms to existing public and private improvements, as necessary. Reconfiguration of public parking lot at the comer the northwest comer of Orchard City Drive and First Street to provide one net new parking space and access to the private lot at 262 Pine Avenue. 22. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 23. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the remaining Storm Drain Area fee that is $200. PASSED AND ADOPTED this 26th day of February, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons and Hemandez None Jones and Leonard None APPROVED: Tom Francois, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 5 CAMPBELL PLN 2002-6 Kakebeen, R. STAFF REPORT - PLANNING COMMISSION MEETING OF FEBRUARY 26, 2002 Public Hearing to consider the application of Mr. Rene Kakebeen, on behalf of Legacy Bank N.A., for a Conditional Use Permit (PLN 2002-6) to allow the establishment of a bank within an existing commercial building with a parking adjustment on property located at 238 E. Campbell Avenue in a C- 3-S (Central Business District) Zoning District. 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- and off-site parking spaces. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301 Class 1 of the CEQA Guidelines pertaining to Existing Facilities; therefore, no environmental action is required. PROJECT DATA Gross Lot Area*: 24,009 sq. ft. (.55 acres) Net Lot Area*: 16,064 sq. ft. (.37 acres) * Includes both building (238 E. Campbell Avenue) and parking lot (262 Pine Avenue) parcels Site Utilization*: Building Coverage: 8,000 sq. ft. (49.8%) - Existing Landscaping Coverage: 200 sq. ft. (1.2%) - Proposed Paving Coverage: 7,864 sq. ft. (49%) - Existing * Includes building (238 E. Campbell Avenue) and parking lot (262 Pine Avenue) parcels Building Area: Bank (Proposed): Office (Existing): Retail (Separate Building/Parcel): 5,168 sq. ft. 2,832 sq. ft. 4,592 sq. ft. Floor Area Ratio: 0.50 Staff Report -- Planning Commission Meeting of February 26, 2002 PLN 2002-6 -- 238 E. Campbell Avenue Page 2 of 4 Parking*: Required: 26 spaces Bank 1:200 sq. ft. @ 5,168 sq. ft. 7 spaces Office 1:425 sq. ft. @ 2,832 sq. ft. 13 spaces Retail 1:345 sq. ft. @ 4,592 sq. ft. 46 spaces Total * Includes three parcels at 238 E. Campbell Avenue, 260-66 E. Campbell Avenue and 262 Pine Avenue (see attachment no. 6) Provided: 42 spaces (6 standard, 34 uni-stall and 2 handicapped) 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 5,168 square feet of an existing commercial building at 238 E. Campbell Avenue. The project site is located on the southeast coruer of E. Campbell Avenue and Second Street. Parking is provided for the proposed bank, the existing office use at 234 E. Campbell Avenue, and the existing retail uses at 260-66 E. Campbell Avenue on three parcels, one of which consists only of parking spaces and is located off an alley (Pine Avenue) that runs behind the buildings. Background: The existing building is currently occupied entirely by Century 21 and used as a real estate office. An addition to the building was approved under Planned Development No. 78-14 which required the development of 12 off-site parking spaces at 262 Pine Avenue to meet the parking requirements for the addition. No parking was provided for the original building. The 21 on-site parking spaces adjacent to the proposed bank were originally approved for use by the retail building at 260-66 E. Campbell Avenue under Conditional Use Permit No. 79-16. The three subject properties are owned by Robert Raffanti. The project site is surrounded by commercial uses. ANALYSIS 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 Central Business 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 proposed elevations incorporate design features that comply Staff Report -- Planning Commission Meeting of February 26, 2002 PLN 2002-6 -- 238 E. Campbell Avenue Page 3 of 4 with the development review regulations by maintaining the comfortable scale and character of small town businesses and by enhancing the retail storefront environment desired in the Downtown. Site Plan: The commercial building and an adjacent parking lot with 21 parking spaces are located on a single parcel. This parking lot will be reconfigured to provide one new disabled parking space with no loss of parking spaces. The separate parking lot at 262 Pine Avenue would be reconfigured to provide three additional parking spaces, a pathway, additional landscaping and a trash enclosure. The south aisle of the parking lot will be accessible to vehicles only via the City-owned public parking lot. The City's public parking lot, located at the northwest comer of Orchard City Drive and First Street, would be slightly reconfigured to provide the access to the Pine Avenue private parking lot. The parking spaces at the City's parking lot would increase by one space from 13 to 14 total spaces. Business Description: Legacy Bank is a proposed full-service bank. The existing office space is leased by Century 21, which has approximately 68 agents revolving in and out of the office. Legacy Bank estimates a staff of 10 to 12 employees. Architecture: The front facade of the commercial building will be remodeled to create an attractive storefront appropriate for the Downtown. New tile work will be added to the base and front fagade. A new aluminum storefront door and windows will be installed. An ATM machine and deposit box will be added to the front fagade. The parapet is proposed to be raised and a sign installed to stand vertically on the cantilevered overhang. Parking: The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. However, the current parking requirement for banks (1:200 square feet) exceeds the standard required for retail uses (1:345 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 ATM machine. Staff finds that modem banking operations are more similar to retail uses and therefore the current parking requirement for banks is outdated. 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 use from an office to a bank would require more parking than is currently provided. Staff finds 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 Gateway Project, the office/retail project at 175-201 E. Campbell Avenue and the conversion of the residence at 46 N. Second Street into offices. The Central Commercial Ordinance requires parking in the C-3 District to be provided in shared parking facilities. The parking in both of the lots will be required to be made available to the public on weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas Staff Report -- Planning Commission Meeting of February 26, 2002 PLN 2002-6 -- 238 E. Campbell Avenue Page 4 of 4 shall be posted with signage indicating that the parking is available to the public during these times. The provision of shared parking will compensate for the lack of parking designated for the businesses. Trees/Landscaping: The landscaping on the building parcel will be improved. The parking will be reconfigured on the rear parcel and additional landscaping will be provided. An existing pepper tree on the parking parcel will be preserved. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of February 12, 2002, and was supportive of the proposed plans as presented. Attachments: 1. Findings for Approval of File No. PLN 2002-6 (Conditional Use Permit) 2. Findings for Approval of File No. PLN 2002-6 (Parking Adjustment) 3. Conditions of Approval for File No. PLN 2002-6 (Conditional Use Permit) 4. Conditions of Approval for File No. PLN 2002-6 (Parking Adjustment) 5. Exhibits (Parcel Map, Site Plan, Floor Plans & Elevations) 6. Location Map Prepared by: Darcy Smith, Planner II Approved by: ~off I. Bradley, Senior ~l~nner y Attachment 4/1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2002-6 (CONDITIONAL USE PERMIT) SITE ADDRESS: 238 E. Campbell Avenue APPLICANT: Rene Kakebeen DATE: February 26, 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. PLN 2002-6: 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. The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. 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 provision of shared parking will compensate for the lack of parking designated for the businesses. 6. The proposed project consists of the establishment of a bank within 5,168 square feet of an existing commercial building. 7. The front faffade of the commercial building will be remodeled to create an attractive storefront appropriate for the Downtown. 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: Findings for Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #1 Page 2 of 2 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 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 Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN 2002-6 (PARKING ADJUSTMENT) SITE ADDRESS: 238 E. Campbell Avenue APPLICANT: Rene Kakebeen DATE: February 26, 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 238 E. Campbell Avenue The Planning Commission finds as follows with regard to File No. PLN 2002-6: 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. o The 42 parking spaces provided on the three subject properties falls short of the parking requirement of 46 spaces for the bank, retail and offices uses. 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 provision of shared parking will compensate for the lack of parking designated for the businesses. The parking in both lots will be required to be made available by the public on weekday evenings after 6:00 p.m. and all day on the weekends. The parking areas shall be posted with signage indicating that the parking is available to the public during these times. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. o 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. 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 Findings for Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #2 Page 2 of 2 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. Them is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2002-6 (CONDITIONAL USE PERMIT) SITE ADDRESS: 238 E. Campbell Avenue APPLICANT: Rene Kakebeen DATE: February 26, 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 (PLN 2002-6) allowing the establishment of a bank in an existing commercial building on property located at 238 E. Campbell Avenue, consisting of tenant improvements, storefront remodel, and on- and off- site parking lot improvements. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Bruno Marcelic, Architect, on February 15, 2002, including building elevations and site plan. b. Color elevation submitted by Bruno Marcelic, Architect, on February 15, 2002. 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. Building Elevations, Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. 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. Providing a color/material sample board specifying color palette, textures and materials. Conditions of Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #3 Page 2 of 4 b. Provide a detail of the ATM and deposit drop box. c. Providing window schedules for high quality of window treatments and styles reflecting the high quality windows depicted on the front elevation. All windows shall be consistent with the architectural style of the existing structure. d. Providing architectural details that are carried throughout all building elevations. e. Providing roof equipment screening to obscure visibility and to preserve the architectural integrity of the buildings. f. Providing high quality materials throughout the project. 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. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Additionally, the following requirements shall be met: a. As required by the C-3-S Zoning District and in the interests of providing shared parking facilities in the downtown, the property owners are required to allow the public usage of both parking lots in the weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas shall be posted with signage indicating that the parking is available to the public during these times before issuance of a certificate of building occupancy. b. Before the issuance of building permits, the applicant shall execute a deed restriction on the off-site parking lot parcel stipulating that all the parking on the parcel is required for the commercial buildings at 238 E. Campbell Avenue and 260-66 E. Campbell Avenue. c. All compact spaces shall be marked as compact. 6. Landscaping: The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director 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. Conditions of Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #3 Page 3 of 4 Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. The design of the enclosure shall be compatible with the building and shall meet the requirements of Section 6.04.080 of the Campbell Municipal Code. Building Division 8. 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. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. x 36 in. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Conditions of Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #3 Page 4 of 4 18. 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 Public Works Department 19. Preliminary_ Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 24. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently $255.00. The plans shall include the following: a. Removal of existing non-ADA compliant driveway approach on Campbell Avenue and installation of standard commercial ADA compliant driveway approach and related curb, gutter, and sidewalk as determined by the City Engineer. b. Reconstruction of the two undersidewalk drainage pipes and inlets on each side of the new ADA compliant driveway approach, including installation of fossil filters. c. Construction of conforms to existing public and private improvements, as necessary. d. Reconfiguration of public parking lot at the comer the northwest comer of Orchard City Drive and First Street to provide one net new parking space and access to the private lot at 262 Pine Avenue. 25. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 26. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the remaining Storm Drain Area fee that is $200. Attachment #4 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2002-6 (PARKING ADJUSTMENT) SITE ADDRESS: 238 E. Campbell Avenue APPLICANT: Rene Kakebeen DATE: February 26, 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 Project Approval: Approval is granted for a Conditional Use Permit (PLN 2002-6) allowing the establishment of a bank in an existing commercial building on property located at 238 E. Campbell Avenue, consisting of tenant improvements, storefront remodel, and on- and off- site parking lot improvements. The building and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans received by Bruno Marcelic, Architect, on February 15, 2002, including building elevations and site plan. b. Color elevation submitted by Bruno Marcelic, Architect, on February 15, 2002. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code. Additionally, the following requirements shall be met: a. As required by the C-3-S Zoning District and in the interests of providing shared parking facilities in the downtown, the property owners are required to allow the public usage of both parking lots in the weekday evenings after 6:00 p.m. and all day on the weekends. Before the issuance of building permits, the applicant shall execute a deed restriction to this effect. The parking areas shall be posted with signage indicating that the parking is available to the public during these times before issuance of a certificate of building occupancy. b. Before the issuance of building permits, the applicant shall execute a deed restriction on the off-site parking lot at 262 Pine Avenue stipulating that all the Conditions of Approval - Planning Commission Meeting of February 26, 2002 PLN 2002-6 - 238 E. Campbell Avenue Attachment #4 Page 2 of 2 parking on the parcel is required for the commercial buildings at 238 E. Campbell Avenue and 260-66 E. Campbell Avenue. c. All compact spaces shall be marked as compact.