Letter - Need CUP - 2017CITY of CAMPBELL
Community Development Department
September 14, 2017
DiMar Cheesesteaks, LLC dba New Jersey's
c/o Diana Larrea
923 W. Hamilton Ave.
Campbell, CA 95008
Re: File No: IWQ2017-1951
Address: 923 W. Hamilton Ave.
Subject: Warning Notice
Dear Ms. Larrea,
This letter is a warning notice in regards to unpermitted activities being conducted in association
with the New Jersey's Restaurant. The letter outlines the specific violations and the corrective
actions that must be taken to resolve them.
Determination
The operation of the New Jersey's Restaurant is subject to Conditional Use Permit UP 83-11,
approved by Planning Commission Resolution No. 2231 (copy enclosed), adopted on September
13, 1983. As more specifically described in the operational description incorporated into the
administrative record (copy enclosed), the Conditional Use Permit allows for the sale of beer and
wine beverages for on-site consumption in association with a 48-seat "family-style restaurant"
with operational hours of 11:00 AM to 10:00 PM, daily.
Based on reports made to the Campbell Police Department, the City has determined that the New
Jersey's Restaurant is being operated with (1) unpermitted live entertainment (a disk-jockey), (2)
unpermitted late-night operational hours (occurring after 11:00 PM), (3) an unpermitted patio,
and (4) unauthorized exercise of a "general" (Type 47) on-sale license.
These activities are separately defined land uses under the Campbell Municipal Code (CMC),
which have not been specifically authorized by the restaurant's Conditional Use Permit. As such,
without specific authorization, continued operation of the restaurant in this capacity constitutes a
violation of CMC Sec. 21.03.020.B (Permit/approval requirements), Sec. 21.03.020.D
(Conditions of approval), and Sec. 21.12.030.H.1.d (Administrative planned development permit
required).
Moreover, exercise of a "general" license where the City only authorized "beer and wine" sales is
also violation of Section 23790 of the California and Business Professions Code that prohibits
issuance of a license contrary to a local Zoning Ordinance.
70 North First Street • Campbell, CA 95008-1423 • rEL (408) 866-2140 • FaK (408) 866-140 • E-~t~iL planning@cityofcampbell.com
New Jersey's Restaurant -Warning Notice Pg. 2
Required Action
This matter may be resolved by taking one of the following actions:
• Submit applications to the Planning Division for an Administrative Planned Development
Permit and a Modification to the Conditional Use Permit to request that the City legalize
the aforementioned unpermitted activities (application enclosed). OR
• Modify the restaurant's operation to comply with the Conditional Use Permit, specfically:
o Cease all live entertainment (including DJs)
o Close the restaurant to the public by 10:00 PM and with staff vacating the
premises no later than 11:00 PM
o Remove the patio and restore the area to landscaping
o Surrender the Type 47 license and obtain a Type 41 license.
Please be advised that action on this matter must be taken no later than September 25, 2017.
Failure to abide by this deadline will result in formal enforcement action, including, but not
limited to, revocation of your business license, issuance of criminal and/or administrative
citations, and declaration of a public nuisance.
If you have any questions regarding this letter, I may be contacted at (408) 866-2193 or by email
danielf(a~cit, o~pbell.com.
Sincerely,
~~ ~_
Daniel Fama
Senior Planner
encl: Conditional Use Permit
Operational Description
Application Forms
ec: Code File: [WQ2017-1951
Paul Kermoyan, Community Development Director
Randy Sweet, Contract Code Enforcement Officer
Dan Livingston, Sergeant
Karyn Nielsen, Dept. of Alcoholic E3everage Control, 100 Paseo de San Antonio, Room 119. San Jose, CA 95113
Diana Larrea. 912 Del Avion Ln., San Jose, CA 95138
Eric and Susan Chun, Trustees, 714 S Clover Ave., San Jose, CA 95128
70 North First Street • Campbell, CA 95008-1423 • rEL (408) 866-2140 • FAx (408) 866-5140 • E-:vtAtL planning@cityofcampbell.com