Use Permit - OPA - 2012CITY of CAMPBELL
Community Development Department
October 24, 2012
OPA Campbell, LP
4580 Almaden Expressway, #103
San Jose, CA 95118
Re: PLN2012-196- 276 E. Campbell Avenue -Conditional Use Permit
Dear Applicant:
Please be advised that at its meeting of October 23, 2012, the Planning Commission
adopted Resolution No. 4085 approving a Conditional Use Permit (PLN2012-196) to allow
late night operational hours and general alcohol sales for a new restaurant on the above
referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
close of business on Friday, November 2, 2012. The time within which judicial review of
this action must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure, unless another statute (such as California Government Code Section 65009 or
some other applicable provision) sets forth a more specific time period.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Steve Prosser
Associate Planner
Cc: Don Imwalle. (Property Owner)
115 S. Market Street, #190
San Jose, CA 95113
RESOLUTION NO. 4085
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT (PLN2012-196) TO ALLOW LATE NIGHT
OPERATIONAL HOURS AND GENERAL ALCOHOL SALES
FOR A NEW RESTAURANT ON PROPERTY LOCATED AT
276 E. CAMPBELL AVENUE.
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 respE:ct to application PLN2012-196:
Environmental Finding
1. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environment Quality Act (CEQA), pertaining to minor alterations to an existing
private structure, involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination.
Evidentiary Findings
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to
approval of a Conditional Use Permit, consistent with CMC 21.46.070.
3. The proposed restaurant and bar would occupy a 2,707 square-foot tenant space.
4. The project site is located at the intersection of East Campbell Avenue and First
Street.
5. The requested Conditional Use Permit would allow late night operational hours and
general alcohol sales in conjunction with a new restaurant with a separate bar area.
6. Policies found within the Campbell General Plan and Downtown Campbell
Development Plan articulate a desire to promote and enhance a downtown
environment that provides a desirable balance of land uses including shopping,
services, and entertainment. This vision is evidenced in policies that encourage a
mix of day and evening activities, a distinctive retail presence, a diversity of eating
establishments, support for neighborhood-serving businesses, and protection of
surrounding residential neighborhoods.