PC Res 4708RESOLUTION NO. 4708
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW INDOOR LIVE ENTERTAINMENT AND TO
FORMALIZE ON-SITE GENERAL ALCOHOL SALES
ASSOCIATED WITH AN EXISTING RESTAURANT (I.E. NEGEEN
RESTAURANT) WITH “LATE-NIGHT HOURS (2:00 AM PUBLIC
CLOSING TIME, FRIDAY AND SATURDAY) ON PROPERTY
LOCATED AT 801 W. HAMILTON AVENUE. FILE NO.: PLN-2023-
182
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 file numbers PLN-2023-182:
1. The subject property is located on the along West Hamilton Avenue, west of San Tomas
Expressway. The site is surrounded by commercial uses to the east, west, and south, a
residential apartment community (Coffeetree Apartments) to the north, and a residential
apartment and condominium community (Alvin’s Corner at Penny Lane and Penny Lane
condominiums) to the northeast.
2. The existing restaurant (i.e. Negeen Restaurant) is located within an existing shopping
center (The Redwoods Shopping Center). The establishment occupies approximately
2,184 square foot corner tenant space and is accessed directly from the parking lot.
3. The project site is zoned P-D (Planned Development) and is designated with a General
Commercial land use designation by the General Plan. Pursuant to Section 21.04.070(C)
and Section 21.12.030, the uses allowed in the Planned Development Zoning District
shall be the same as the zoning district that directly corresponds to the General Plan
land use designation. The corresponding zoning district to the General Commercial
General Plan land use designation is General Commercial. In the GC (General
Commercial) Zoning District, dancing and live entertainment uses and liquor
establishments are identified as Conditional Uses.
4. A Type 47 On-Sale General Eating Place liquor license was issued by the Alcoholic
Beverage Control (ABC) on May 13, 1992 for the subject site. Alcohol sales are
considered to be a non-conforming use due to lack of a Conditional Use Permit, however,
this application includes formalizing the on-site general alcohol sales associated with the
existing restaurant.
5. The existing restaurant was previously approved for “late-night activities” which allowed
business hours from 11:30 AM to 11:00 PM Sunday through Thursday, and 11:30 PM to
2:00 AM Fridays and Saturdays. The operational hours (for staff) were restricted to 6:00
AM to 11:30 PM Sunday through Thursday and 6:00 AM to 2:30 AM Fridays and
Saturdays.
Planning Commission Resolution No. 4708 Page 2 of 4
801 W. Hamilton Avenue
PLN-2023-182 ~ Conditional Use Permit
6. The existing restaurant is proposing dancing/indoor live entertainment consisting of DJ
music, live music, and belly dancers. The dancing/live entertainment will occur within the
building and will be incidental to the existing restaurant.
7. In accordance with the definition below, the existing restaurant would allow DJ music,
live music, and belly dancers and therefore, would constitute a Dancing/Live
Entertainment use, as per the definition below:
"Dancing and/or live entertainment establishment" means a commercial facility that offers a
venue intended to allow patrons to dance and/or listen to live entertainment, as defined by
Section 5.24.010(b). Does not include non-commercial expressive activity protected by the
United States or California constitutions or the listening of recorded music without a dancing
venue.”
8. The project floor plan indicates a raised sound equipment area, a stage, and a dance
floor. The three tables will be removed when the dancing/indoor live entertainment is
occurring.
9. As conditioned, the dancing/live entertainment will cease by 11:00 PM Monday through
Sunday and will remain as an ancillary element of the existing restaurant through
operational controls, such as the prohibition of a cover charge. Due to the site’s proximity
to existing residential uses, an earlier ending time for dancing/live entertainment is
warranted.
10. As conditioned, the doors and windows will remain closed during the dancing/live
entertainment to reduce impacts to the adjacent residential uses. Furthermore, the
Community Development Director shall have the ability to curtail business hours and
dancing/live entertainment hours should verifiable complaints be received by the city.
11. The project also includes formalizing the on-sale alcohol sales (Liquor Establishment).
12. In accordance with the definition below, the existing restaurant has a Type 47 liquor
license which allows for the on-sale of beer, wine, and distilled spirits. It also allows for
off-site sale of beer and wine as well.
"Liquor establishments" means a retail activity that is primarily devoted to the selling of
alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or
nightclub facility, for consumption on the premises.
13. The State Department of Alcohol Beverage Control issued a Type 47 (On-Sale General
Eating Place) liquor license on May 13, 1992 for a prior restaurant. This liquor license
was transferred to the existing restaurant. Liquor establishments require a Conditional
Use Permit and this Conditional Use Permit will formalize liquor establishment.
14. Formalizing the liquor establishment will not result in an over concentration of these uses
in the surrounding area. The surrounding area generally encompasses commercial
Planning Commission Resolution No. 4708 Page 3 of 4
801 W. Hamilton Avenue
PLN-2023-182 ~ Conditional Use Permit
properties along West Hamilton Avenue spanning from Memphis Drive to Eden Avenue.
The West Hamilton Area is approximately 54 acres and encompasses four census tracts:
5066.05, 5066.06, 5065.05, 5065.03. Within the West Hamilton Area.
15. Within this area, there are 23 licenses per 54 acres (approximately 1 license per 2.34
acres). A comparable would be the Pruneyard Shopping Center at 1 license per 1.08
acres, Downtown Campbell at 1 license per 1.35 acres, and Campbell Plaza Shopping
Center at 1 license per 2.2 acres. Therefore, there will not be an over-concentration of
alcohol.
16. In review of the Conditional Use Permit, the Planning Commission considered the
proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure
design, and site layout.
17. The Planning Commission's review of the Conditional Use Permit further encompassed
zoning and General Plan land use conformance, noise impacts, parking, property
maintenance, odors, security and enforcement, and neighborhood impacts.
18. The Planning Commission also weighed the public need for, and the benefit to be derived
from, the Conditional Use Permit, against any impacts it may cause.
19. No substantial evidence has been presented which shows that the Conditional Use
Permit, as currently presented and subject to the required conditions of approval, will
have a significant adverse impact on the environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Conditional Use Permit Findings (CMC Sec. 21.68.040):
1. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
3. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area;
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate; or
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the subject
property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
Planning Commission Resolution No. 4708 Page 4 of 4
801 W. Hamilton Avenue
PLN-2023-182 ~ Conditional Use Permit
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city.
Liquor Establishment Findings (CMC Sec. 21.46.070):
7. Over concentration of uses. The establishment will not result in an over concentration of
these uses in the surrounding area;
8. Not create a nuisance. The establishment will not create a nuisance due to litter, noise,
traffic, vandalism, or other factors;
9. Not disturb the neighborhood. The establishment will not significantly disturb the peace
and enjoyment of the nearby residential neighborhood;
10. Not increase demand on services. The establishment will not significantly increase the
demand on city services;
11. Downtown Alcohol Beverage Policy. The establishment would be consistent with the
Downtown Alcohol Beverage Policy, when applicable.
Environmental Findings (CMC Sec. 21.38.050):
12. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit to allow indoor dancing/live entertainment and to formalize on-site general
alcohol sales associated with an existing restaurant with “late night” hours (2:00 AM public
closing time, Friday and Saturday) on property located at 801 W. Hamilton Avenue, subject
to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 28th day of May, 2024, by the following roll call vote:
AYES: Commissioners: Fields, Krey, Buchbinder, Kamkar, Zisser
NOES: Commissioners:
ABSENT: Commissioners: Ostrowski, Majewski
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
alanzisser@gmail.com
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN-2023-182)
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.
1. Approved Project: Approval is granted for a Conditional Use Permit to allow indoor
dancing/live entertainment and to formalize on-site general alcohol sales associated with
an existing restaurant with “late night” hours (2:00 AM public closing time, Friday and
Saturday). The project shall substantially conform to the Project Plans and Project
Description included as Attachments B and C in the May 28, 2024 Planning Commission
Staff Report, except as may be modified by the conditions of approval contained herein.
2. Approval Expiration: Approval of the Conditional Use Permit ("Approval") shall be valid
for one (1) year from the effective date of the Planning Commission action. Within this
one-year period, a Business License/Zoning Clearance must be issued or renewed.
Failure to meet this deadline shall result in the Approval being rendered void. Once
established, this Approval shall be valid in perpetuity on the Project Site, subject to
continued maintenance of an ABC liquor license, as provided for in Condition of Approval
No. 4 (Operational Standards). Discontinuation of alcohol service for a continuous period
of twelve months, as evidenced by surrender or revocation of the ABC license, shall void
the Approval upon an affirmative determination by the Planning Commission in a public
hearing that the use has been discontinued.
3. Previous Conditions of Approval: The previously approved Conditions of Approval
provided in the Modification Permit (PLN-2023-65) are hereby void and permanently
superseded in their entirety by the Conditions of Approval specified herein.
4. Operational Standards: The restaurant, liquor establishment, and dancing/live
entertainment use shall conform to the following operational standards:
a. Approved uses: The business is approved as a “restaurant” with an associated
“liquor establishment” (on-sale general liquor service), “late-night activities”,
and ancillary “dancing and live entertainment”, as defined in the Campbell
Municipal Code. The approved uses are limited by the operational standards
listed herein. Activity inconsistent with these land uses definitions is prohibited.
At no time shall the restaurant be operated as a stand-alone “liquor
establishment” or “nightclub”. The kitchen shall be kept open and available for
food orders during all times the restaurant is open to the public.
b. Seating Capacity: Total indoor seating capacity for the restaurant shall be
limited to 72 seats.
c. Hours of Operation: Hours of operation for the restaurant shall be as follows:
Exhibit A – Conditions of Approval Page 2
PLN-2023-182 ~ Conditional Use Permit
i. Business hours: 11:30 AM to 11:00 PM Sunday through Thursday, and
11:30 AM through 2:00 AM Fridays and Saturdays. Business hours are
the hours the business is open to the public.
ii. Operational hours: 6:00 AM to 11:30 PM Sunday through Thursday,
and 6:00 AM to 2:30 AM Fridays and Saturdays. The operational hours
includes the time employees may be on site for preparation and clean
up. At no time shall employees, other than the business owner during
an emergency, arrive before 6:00 AM or remain on site after 2:30 AM.
d. Food Service: Full menu food service shall be provided at all times during
business hours.
e. Alcohol Beverage Service: Alcohol beverage service in the restaurant shall be
principally allowed in conjunction with food service, meaning that patrons shall
be prohibited from consuming alcohol within the restaurant without also
ordering food. It is the responsibility of the restaurant owner to establish
operational controls to ensure compliance with this requirement. The
restaurant owner shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the Department of
Alcoholic Beverage Control.
f. Dancing/Live Entertainment: Dancing/Live entertainment shall be permitted,
subject to the following restrictions:
i. Type: Dancing/Live entertainment is limited to: dancing, belly dancer
performers/entertainers, disc jockeys (DJs), and live amplified music.
These live entertainment uses must be ancillary to the restaurant use.
ii. Location: Dancing/Live entertainment shall be conducted within the
building and principally conducted in the entertainment area as depicted
on the approved floor plan, except that performers/entertainers may
also perform within the seating/dining areas to engage with patrons. In
no case shall the dance floor be expanded beyond what is depicted in
the Approved Plan Set.
iii. Hours: Dancing/Live entertainment shall be permitted from 7:00 PM
until 11:00 PM Monday through Sunday.
iv. Noise: Noise levels shall not be audible more than 50-feet from the
business tenant space. In no case may noise from the live
entertainment use disrupt neighboring residences or businesses. In the
event verified complaints are received by the City regarding such noise,
the Community Development Director may immediately curtail the
hours of the dancing/live entertainment pursuant to Conditional of
Approval 19 (Revocation of Permit).
Exhibit A – Conditions of Approval Page 3
PLN-2023-182 ~ Conditional Use Permit
v. Doors and Windows: Doors and windows shall remain closed at all
times live entertainment is being conducted, except for the entering and
exiting of the restaurant by staff and patrons.
vi. Cover Charge: At no time shall a cover charge be required to enter the
restaurant.
vii. Liquor License: The restaurant owner shall maintain in good standing a
Type 47 (On-Site General – Eating Place) liquor license from the State
Department of Alcoholic Beverage Control (ABC) for the on-site sale of
alcoholic beverages.
viii. Police Department Permit: A Live Entertainment permit with the Police
Department shall be required and obtained prior to conducting any Live
Entertainment activities.
ix. Floor Plan Layout: Tables and chairs shall be provided in a
configuration consistent with the Approved Project Plans, and shall not
be stacked, removed, or otherwise relocated to create large open
spaces for patrons to congregate, with the exception of
removal/relocation of furniture to allow for a dance floor, as shown on
the approved project plans.
5. Special Events: The Community Development Director may allow special events through
consideration of a Temporary Use Permit application in compliance with Chapter 21.45
(Temporary Uses) of the Campbell Municipal Code, even if such events would otherwise
conflict with the Conditions of Approval provided herein.
6. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property, in compliance with CMC Section 21.16.110 (Site Maintenance).
Exterior areas of the business shall include not only the parking lot and private landscape
areas, but also includes the public right-of-way adjacent to the business.
7. Littering: The owner/operator of the subject property shall have removed on a daily basis
any debris or signs of litter associated with the subject business (discarded cigarettes,
bottles, cans, wrappers, etc.) that is located on the subject property in front of the subject
property.
8. Loitering: There shall be no loitering allowed outside the business. The business owner
is responsible for monitoring the premises to prevent loitering.
9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within
the parking lot.
10. Outdoor Seating: No outdoor seating is approved with this development application
unless allowed by CMC Sec. 21.36.150 (Outdoor Seating).
Exhibit A – Conditions of Approval Page 4
PLN-2023-182 ~ Conditional Use Permit
11. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on the
subject property unless allowed by Condition of Approval 5 (Special Events).
12. Noise:
a. Noise Standard: Any noises, sounds, and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
which exceed the allowances by the General Plan that are generated by the subject
use shall not be audible to person of normal hearing capacity from any residential
property. Public address system of all types are strictly prohibited.
b. Noise Management: In the event that verified complaints are received by the City
regarding noise, the Community Development Director may initiate enforcement
action, including but not limited to citations and/or fines against the business.
Continued verified violations of noise may result in the suspension and/or revocation
of the City issued business license.
c. Noise Reduction Measures: Sound deadening measures (such as, but not limited
to: insulation installation, acoustic sound panels, additional drywall installation) shall
be implemented should the establishment generate three (3) verifiable complaints
within any 12 month period related to noise impacts to adjacent tenants and
residents. City staff may also require floor plan alterations to reduce noise impacts.
13. Front, Side, and Rear Doors: The front and side doors to the business shall not remain
in an open position during business hours.
14. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done between
the hours of 11:00 AM and 11:00 PM. At no time shall noise generating cleanup, including
the dumping of trash and/or recyclables occur between 11:00 PM and 11:00 AM.
15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
16. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
17. Signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of the
Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
18. Violations: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of a fine, suspension or revocation of the City issued business license or
the Conditional Use Permit.
Exhibit A – Conditions of Approval Page 5
PLN-2023-182 ~ Conditional Use Permit
19. Revocation of Permit: Exercise of this Approval is subject to Sections 21.68.020,
21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate
decision-making body to modify or revoke a Conditional Use Permit if it is determined
that the sale of alcohol, live entertainment and/or late-night activities has become a
nuisance to the City’s public health, safety or welfare or for violation of this Approval or
any standards, codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the establishment generates
three (3) verified complaints related to violations of conditions of approval (e.g., noise,
etc.) and/or related to the live entertainment within a twelve (12) month period, a public
hearing before the Planning Commission may be scheduled to consider modifying
Conditions of Approval or revoking of the Approval. The Community Development
Director may commence proceedings for the revocation or modification of the Approval
upon the occurrence of less than three (3) verified complaints if the Community
Development Director determines that the alleged violation warrants such an action. The
Director may also at such time immediately restrict the approved "business hours",
"hours of operation", and/or "live entertainment hours" to address complaints in a timely
manner. In exercising this authority, the decision-making body may consider the
following factors, among others:
a. The number and types of Police Department and Code Enforcement calls for service
at or near the establishment that are reasonably determined to be a direct result of
patrons and/or business owner actions;
b. The number of complaints received from residents, business owners, and other
citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting, and public
nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department; and
e. Unpermitted events occurring at the subject site; and
f. Violation of conditions of approval.
Signature:
Email:
Alan Zisser (Jun 4, 2024 11:27 PDT)
alanzisser@gmail.com
Reso No. 4708 - 801 W. Hamilton Ave
Final Audit Report 2024-06-04
Created:2024-06-03
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAhyvocdcbITb9I3CcBfgYBwQWFXzwIOex
"Reso No. 4708 - 801 W. Hamilton Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-06-03 - 11:51:00 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-06-03 - 11:51:04 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-06-03 - 11:51:05 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
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Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-06-04 - 0:05:28 AM GMT - Time Source: server
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-06-04 - 6:27:04 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-06-04 - 6:27:54 PM GMT - Time Source: server
Agreement completed.
2024-06-04 - 6:27:54 PM GMT