2024.5.28 PC Min
PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, May 28, 2024 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of May 28, 2024, was called to order at 7:30 pm by
Chair Zisser, and the following proceedings were had to wit.
ROLL CALL
Staff Present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Tracy Tam, Associate Planner
Ken Ramirez, Administrative Analyst
Sergeant Lee Heitzman
Captain Brad Rice
APPROVAL OF MINUTES
1. Approval of Minutes of May 14, 2024 (Roll Call Vote)
➢ Meeting Minutes, 5/14/2024 (Regular Meeting)
Meeting Minutes were approved with a minor revision.
Commissioner Fields Abstained from Roll Call vote.
COMMUNICATIONS
Planning Commissioners Present:
Alan Zisser, Chair
Matt Kamkar, Vice Chair
Adam Buchbinder
Michael Krey
Davis Fields
Planning Commissioners Absent:
Maggie Ostrowski
Cori Majewski
Campbell Planning Commission Meeting Minutes – May 28, 2024 Page 2 of 5
None
AGENDA MODIFICATIONS OR POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the
Commission from acting on non-agendized items, however, the Chair may refer matters to staff
for follow-up.
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five
(5) minutes for opening statements and up to a total of three (3) minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Planning
Commission’s consent at the meeting.
Disclosures – Commissioner Krey visited the site as well as Fields
2. 801 West Hamilton Avenue – Conditional Use Permit (Roll Call Vote)
Public Hearing to consider the request of Parviz Sahbaee 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). The application(s) under consideration includes a Conditional Use Permit. File
No.: PLN-2023-182. Staff is recommending that this project be deemed Categorically
Exempt under CEQA. Planning Commission action is final unless appealed in writing to the
City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner
Recommended Action: That the Planning Commission adopt a Resolution approving a
Conditional Use Permit.
Associate Planner presented staff report to consider the request of Parviz Sahbaee 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).
Staff summarized past actions and activities on the project site and Commissioners received
clarification that there were 3 complaints of the restaurant in regards to outdoor noise and
outdoor activities in a 12-month period. Commissioners were informed that the incidents
were related to Iranian New Year events in 2022 and 2023.
Campbell Planning Commission Meeting Minutes – May 28, 2024 Page 3 of 5
The City Attorney informed the Planning Commission that something can be nonconforming
because it does not comply with the current but did not come into being until the law was
changed to the current law.
Captain Brad Rice and Sergeant Lee Heitzman from the Campbell Police Department stated
that similar establishments have a similar cutoff time. The business has closer proximity to
residences in the neighborhood to the north. The Police Department has only received one
call reporting a noise complain at the business address in two years.
Chair Zisser questioned whether the ability for a restaurant to operate late-night hours on
Friday and Saturday is consistent with the rest of the City. The City Attorney and
Department Director advised the Planning Commission that the Planning Commission
could not change the hours of the prior Admin-PD permit without a nexus.
Chair Zisser opened the public hearing.
Applicant, owner of the restaurant, stated that he followed the city’s procedures. The
applicant applied for the permit and paid the appropriate fees. Informed the Planning
Commission that entertainment usually ends at 11:00pm, it is seldom that events go to
2:00am. There is no intent to change the business model or operations of the restaurant. It
will be the same as It has been for the last 20 years.
Associate Planner Tracy Tam informed the Planning Commission that alcohol consumption
should be ancillary and enhance the experience of the food. The kitchen should be fully
available and open to serve full meals at the same time as alcohol service is available.
Applicant stated that food is offered with alcohol consumption.
Public speaker, Masoud Shahidi, spoke and stated that the business was the first Persian
restaurant in San Jose. The business has become a center for cultural unity in Campbell.
Famous singers and performers have dined and performed in the restaurant. Stated that it
was important to preserve that.
Omid Shakeri, patron of the restaurant spoke and stated that he has gone to weddings and
events at the restaurant. Stated that the restaurant is a Persian institution. Really
appreciates the live entertainment. Asked the Planning Commission to allow the business to
operate until 2am.
Hossein Bagheri, spoke and stated that he has been going to restaurant for 25 years. Enjoys
the food and music. Would appreciate if restaurant was allowed to continues serving the
community.
Mo Tajik, patron of restaurant, spoke and stated that although he is a resident of Saratoga.
He enjoys the live entertainment offered by the business. Expressing support for Friday and
Saturday late night hours.
Campbell Planning Commission Meeting Minutes – May 28, 2024 Page 4 of 5
Malek Bakshi, spoke and stated that he has been going to the restaurant for a long time.
Has attended many ceremonies and parties at the restaurant. Important place for the
Persian community. Important place for friends and family that come from out of town.
Davar Khales spoke and seconded the other public comment speakers’ sentiments. Has
been going to the restaurant for many years. Has participated in many celebrations within
the restaurant. Stated that the late-night hours are important as Iranians typically have
dinner late at night.
Abe Afshari spoke and stated that restaurant has the best food and service in Northern
California.
Hadi Ghafouri, stated that he was a resident of San Jose, Saratoga and Campbell for 60
years. Has been blessed to have been able to visit the establishment and enjoy the Persian
food. The live entertainment is great part of the culture.
Majid Khostavan, stated that he was performed at the restaurant until 3:30am and has
never seen any issues with the neighborhood. This restaurant is a family oriented business.
Urged the Planning Commission to allow the late-night hours on Friday and Saturday until
2am for the business.
Siam ale Jhastan, stated that he sings at the restaurant often that the restaurant is an iconic
place for all Iran people. The business is a well-known restaurant throughout California. The
music is usually accompanied by a 3-piece band that does not produce a lot of noise.
Chair closed public hearing.
Commissioners spoke and stated that there is no reason to think there will be bad actors.
The business is a cultural asset for Campbell and the region. There are safeguards in place to
revisit the CUP in the event that there are issues in the future. In support of the proposal.
Motion: Upon motion by Commissioner Kamkar, seconded by Commissioner Krey, the
Planning Commission motioned to approve 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 (2:00AM public closing time, Friday and Saturday on property locate at
801 W. Hamilton Avenue. File no.: PLN-2023-182, by the following roll call:
AYES: Krey, Buchbinder, Kamkar, Zisser, , Fields
NOES: None
ABSENT: Ostrowski, Majewski
ABSTAIN: None
Campbell Planning Commission Meeting Minutes – May 28, 2024 Page 5 of 5
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Eastwood informed the Planning Commission that as of June 11, 2024, future Planning
Commission meetings will start at 7:00pm. The upcoming PC meeting of June 11th has been
cancelled due to lack of items but there will be a SARC item to be discussed on June 11th.
City Council will be reviewing budget in June. Finalizing and adopting budget will occur at the end
of June.
Unhoused Specialist recruitment is close to being finalized. Pending final reference checks there
will be an Unhoused Specialist onboard soon.
Downtown Campbell has a new business called Doppio Zero has recently opened.
ADJOURNMENT
Adjourned meeting at 9:05 p.m. to the next Regular Planning Commission Meeting on Tuesday,
June 25, 2024, in the City Hall Council Chambers, 70 North First Street, Campbell, California and
via telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Alan Zisser, Chair
ATTEST: ________________________________
Rob Eastwood, Secretary
Alan Zisser (Jun 28, 2024 13:44 PDT)
5-28-24 PC meeting minutes
Final Audit Report 2024-07-01
Created:2024-06-27
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAOoG3CwngzPDtPYZg3JE3w8YDilYjBIj4
"5-28-24 PC meeting minutes" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-06-27 - 6:32:19 PM GMT
Document emailed to Ken Ramirez (kenr@campbellca.gov) for signature
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Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
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Email viewed by Ken Ramirez (kenr@campbellca.gov)
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Document e-signed by Ken Ramirez (kenr@campbellca.gov)
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Email viewed by Alan Zisser (alanzisser@gmail.com)
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Email viewed by Rob Eastwood (robe@campbellca.gov)
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Document e-signed by Rob Eastwood (robe@campbellca.gov)
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Agreement completed.
2024-07-01 - 6:34:08 PM GMT