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In response to an inquiry by Commissioner O'Connor regarding the procedure for developing and implementing Code Amendments and whether Codes from other cities were examined, Ms. Decker replied that staff generally scrutinized the City's own Code to discover any gaps in terms of interpretation and definition. Following that process, staff would assess the community's needs and how to modify the Code to best suit the overall Citywide needs. Additionally, staff does research other communities and reviews those Codes to determine if such language could be applicable to the City of Pleasanton. Bank in Kolln Hardware Buildi Commissioner Fox noted that a letter had been received from Robert Byrd regarding the possibility of a commercial bank leasing the space in the Kolln Hardware building. She inquired whether that was a permitted or conditional use in the Downtown and whether it would come before the Planning Commission. Ms. Decker replied that a bank was a permitted use. She added that this was a signature project and that it retained and expanded the original building to become a viable structure for additional uses. The owner had initially indicated that he would want amixed-use project with offices on the second floor and retail on the ground floor. She noted that mixed-uses added to the vibrancy of Downtown Pleasanton. She believed the intent was there, together with market pressures and the cost of the building. She believed that when the opportunity for bank was presented to the owner, it became a vialble alternative in order to lease out the building. She noted that a bank was an allowed use. In response to an inquiry by Commissioner Fox regarding whether the Planning Commission had required an intended use in a previous hearing, Ms. Decker replied that the project was for a design review approval rather than a use permit. Chair Blank suggested examining the public record to see what was said and suggested that at a future date, the Commission consider a Code amendment that would narrow some permitted uses so that another Downtown signature building would not house a less desirable use. Ms. Decker noted that Mr. Iserson and the Economic Development Director should be part of these conversations. Commissioner Fox requested that staff check whether the Commission has any recourse based on the prior design review conditions and the Downtown Specific Plan. Ms. Decker suggested allowing staff to follow up and provide the Commission with the staff report whereby the prof ect was approved as well as several sections of the Specific Plan. She noted that Bank of America, Washington Mutual, and Guaranty Bank fronted Main Street, in addition to several title companies. Commissioner Fox noted that many of the Downtown banks had large parking lots behind them and did not believe that Kolln Hardware had sufficient parking. She believed the parking requirement for a bank was greater than for a restaurant. She requested that Mr. Byrd be copied on staff's response. PLANNING COMMISSION MINUTES, January 23, 2008 Page 8 of 11