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PC Res 3415RESOLUTION NO. 3415 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-06) TO ALLOW THE ESTABLISHMENT OF A BANK, LEGACY BANK, N.A. (PROPOSED) WITHIN AN EXISTING COMMERCIAL BUILDING 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). FII~E 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: 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. 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. 6. The proposed project consists of the establishment of a bank within 5,168 square feet of an existing commercial building. 7. The front facade of the commercial building will be remodeled to create an attractive storefront appropriate for the Downtown. 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. Planning Commission Resolution 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 o 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. 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: 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: 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 Planning Commission Resolution 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. 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 o 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. 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 Resolution 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 Resolution No. 3415 PLN2002-06 - 238 E. Campbell Avenue Recommending Approval for Use Permit for Legacy Bank, N.A. (Proposed) Page 6 ao 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. do 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 APPROVEE~~ ~~-~ff-~g? Tom Francois, Chair'---' ATTEST:~ ~ Sharon Fierro, Secretary