PC Res 3453RESOLUTION 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 WITHIN AN
EXISTING COMMERCIAL BUILDING 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.
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.
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.
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 (PLN2002-89) to allow the establishment of Legacy Bank, N.A. (Proposed), within
an existing commercial building owned by Mr. Abbas Haghshenas at 125 E. Campbell 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:
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 Avenue, 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.
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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 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.
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 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.
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/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 U.B.C. Section 170t, 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:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Gibbons and Jones
None
Francois and Hemandez
None
APPROVED: ~5~57~,4"J~
G~e Dgorley, Acti CI~~
Sharon Fierro, Secretary