Correspondence - 2003CITY OF CAMPBELL
Community Development Department
December 11,2003
Ms. Addie Sahbaee
Negeen Restaurant
6301 Paso Los Cerritos
San Jose, CA 95120
Re:
Late Night Hours at Negeen Restaurant
801 W. Hamilton Avenue
Dear Ms. Sahbaee,
The Planning Division has reviewed your request for a Conditional Use Permit for late night
hours at Negeen Restaurant at 801 W. Hamilton Avenue. The City Council adopted an
amendment to the City's Zoning Code in 2001 that requires all uses that are non-conforming
with regards to their hours of operation to come into compliance with all applicable regulations
of the Zoning Code by May 3, 2003. Conditional Use Permits are required for late night uses
occurring between 11:00 p.m. and 6:00 a.m. in the Neighborhood Commercial (C-1), General
Commercial (C-2) and Central Commercial (C-3) zoning districts.
Your commercial business is located in the Planned Development (P-D) zoning district. The
Community Development Department consulted with the City's Attorney and determined that
the Zoning Code does not include any regulations that require approval of a Conditional Use
Permit for late night hours in the P-D zoning district. Consequently, your business cannot be
non-conforming with regards to the hours of operation and a Conditional Use Permit is not
required to continue late night operations.
The City is currently conducting an update of the Zoning Code and reviewing the current
provisions for the P-D zoning district. It is possible that in the future the P-D zoning district may
include new regulations that require approval of a Conditional Use Permit for late night hours in
the P-D zoning district. Public notice will be provided if these changes are proposed.
Please feel free to contact me if you have any additional questions at (408) 866-2142.
Sincerely,
Melinda Denis
Planner I
cc:
Geoff Bradley, Senior Planner
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790