PC Res 2025-08RESOLUTION NO. 2025-08
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING OF A CONDITIONAL
USE PERMIT MODIFICATION WITH A SITE AND
ARCHITECTURAL REVIEW PERMIT TO FORMALIZE
EXISTING 24-HOUR OPERATION (“LATE NIGHT ACTIVITIES”)
AND ALLOW CHANGES TO SITE SIGNAGE, PARKING LOT
STRIPING, AND THE BUILDING FACADE OF AN EXISTING
(“QUICK SERVICE”) DRIVE-THROUGH RESTAURANT ON
PROPERTY LOCATED AT 1301 CAMDEN AVENUE. FILE NO.:
PLN-2023-196
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 application PLN-2023-196:
1. The project site is zoned G-C (General Commercial) on the City of Campbell Zoning
Map.
2. The project site is designated General Commercial on the City of Campbell General
Plan Land Use diagram.
3. The project site is a ½ acre parcel developed with an existing 2,945 square-foot “quick-
service” drive-through restaurant and associated parking and landscaping.
4. The project site has three previously approved entitlements:
• “S” Approval (S 68-24): Planning Commission “S” Approval. Approved April 15,
1968.
• Conditional Use Permit Modification (UP 79-11): Planning Commission
Resolution No. 1796. Approved June 5, 1979.
• Modification (M 94-07): Community Development Director Approval. Approved.
September 13, 1994.
5. The proposed project consists of a Conditional Use Permit Modification with a Site
and Architectural Review Permit to formalize existing 24-hour operation (“late night
activities”) and allow changes to site signage, parking lot striping, and the building
facade of an existing (“quick service”) drive-through restaurant.
6. The Proposed Project would be consistent with the following General Plan policies:
• LU-1.1: Provide for a broad range of land uses within the city that are
conveniently located in proximity to transit opportunities, and provide for
commercial, public, and quasi-public uses that support and enhance the
livability of residential neighborhoods and districts.
• LU-1.10: Maintain a variety of attractive and convenient commercial and office
uses that provide needed goods, services, and entertainment for residents and
visitors.
Planning Commission Resolution No. 2025-08 Page 2 of 4
PLN-2023-196 ~ 1301 Camden Avenue
• LU-2.b: Through the development review and permit process, ensure that
conditions of approval are adopted that require businesses to be well kept and
operated in a way that limits impacts to adjacent uses.
• ED-2.5: Encourage retention and expansion of local businesses as appropriate
to provide a range of jobs and services to residents, to retain revenue in the city,
and respond to community needs for key amenities and services.
• ED-2.8: Promote local purchase of goods and services by residents, workers,
businesses and city government in order to retain spending within the local
economy and generate revenue for the city.
• N-1.1: Consider the noise compatibility of existing and future development when
making land use planning decisions with an emphasis on protecting
neighborhoods and people from excessive noise levels, while still
accommodating new development and uses.
• N-1.7: Continue to recognize that "late night activities" (land use activities
operating from 11:00 P.M. to 6:00 A.M., not including the lawful, reasonable,
and customary use of residential uses or professional offices that does not
interfere with the reasonable use and enjoyment of other properties) may
present a potential noise impact, and should be carefully reviewed to ensure
compatibility with adjacent residences.
7. Hours of operation will be 24 hours a day Sunday through Saturday.
8. The existing “quick-service” drive-through restaurant is permitted in the GC Zoning
District by the existing Conditional Use Permit. Existing 24-hour operation (“late night
activities”) requires a Conditional Use Permit in the GC Zoning District and constitutes
a modification of the existing Conditional Use Permit, which does not specify allowed
hours of operation.
9. The site is served by 19 parking spaces on-site. The proposed formalization of 24-
hour operations and building remodel do not affect the parking obligation of the
property.
10. The Planning Commission's review of the project further encompassed zoning and
General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement, and neighborhood impacts.
11. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
12. No substantial evidence has been presented which shows that the project, 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. 21.46.040):
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;
Planning Commission Resolution No. 2025-08 Page 3 of 4
PLN-2023-196 ~ 1301 Camden Avenue
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;
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 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; and
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):
1. The project will be consistent with the General Plan;
2. The project conforms with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area;
4. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s); and
Environmental Finding(s) (CMC Sec. 21.38.050):
1. This project is Categorically Exempt per Section 15302, Class 2 of the California
Environmental Quality Act (CEQA) pertaining to the replacement or reconstruction of
existing structures; and
2. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit Modification with Site and Architectural Review Permit to formalize existing 24-
hour operation (“late night activities”) and allow changes to site signage, parking lot
striping, and the building facade of an existing (“quick service”) drive-through restaurant
on property located at 1301 Camden Avenue subject to the attached Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this 8th day of April 2025, by the following roll call vote:
AYES: Commissioners: Zisser, Ostrowski, Kamkar, Fields, Krey, Buchbinder,
Majewski
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Planning Commission Resolution No. 2025-08 Page 4 of 4
PLN-2023-196 ~ 1301 Camden Avenue
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Apr 30, 2025 16:17 PDT)
Conditions of Approval Page 1 of 4
PLN-2023-196 ~ 1301 Camden Avenue
CONDITIONS OF APPROVAL
Conditional Use Permit Modification, Site and Architectural Review Permit
(PLN-2023-196)
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.
PLANNING DEPARTMENT:
1. Approved Project: Approval is granted for a Conditional Use Permit Modification with
Site and Architectural Review to formalize existing 24-hour operation (“late night
activities”) and allow changes to site signage, parking lot striping, and the building
facade of an existing (“quick service”) drive-through restaurant on property located at
1301 Camden Avenue. The project shall substantially conform to the Project Plans and
Project Description included as Attachments B and C in the April 8, 2025, Planning
Commission Staff Report, except as may be modified by the Conditions of Approval
contained herein.
2. Permit Expiration: Approval of the Conditional Use Permit Modification with Site and
Architectural Review Permit ("Approval") shall be valid for one (1) year from the effective
date of the Planning Commission action. Within this one-year period, a building permit
must be issued to "establish" the Approval pursuant to CMC Sec.21.56.030.B.1
(Issuance of Building Permit). Failure to meet this deadline will result in the Approval
being rendered void. Once established, this Approval shall be valid in perpetuity on the
property, except upon revocation pursuant to Condition of Approval No. 8 (Modification
or Revocation of Permit).
3. Operational Standards: Consistent with the submitted Project Description and City
standards, the restaurant use pursuant to this Approval shall conform to the following
operational standards. Significant deviations from these standards (as determined by
the Community Development Director) shall require approval of a Modification to the
Conditional Use Permit.
a. Approved Use: The approved use is a "quick-service” restaurant with "drive-
through" and 24-hour operation (“late night activities”) as defined by the Campbell
Municipal Code and as limited by the operational standards listed herein.
b. Business License: A business shall be required to obtain and maintain a City
business license at all times.
c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 33 seated persons, subject to the maximum occupancy capacities of
certain rooms as determined by the California Building Code (CBC). At no time
shall there be more than 33 patrons within the establishment, excluding those
waiting for service. It is the responsibility of the business owner to provide
adequate entrance controls to ensure that patron occupancy is not exceeded.
Conditions of Approval Page 2 of 4
PLN-2023-196 ~ 1301 Camden Avenue
d. Hours of Operations. The restaurant, inclusive of the drive-through, may operate
24 hours a day, daily.
e. Maximum Occupancy Sign: The business owner shall install a new maximum
occupancy sign conspicuously posted within the premises which shall include the
maximum occupancy noted herein and include a visual depiction of the floor plan
included in the approved construction drawings submitted for a building permit.
f. Floor Plan: All chairs and tables within the dining area shall consists of standard-
height furniture (i.e., not "high-top"). All tables and chairs shall be placed in such
a manner to allow sufficient area for dining and shall not be stacked or removed
from the dining area or placed outside. At no time shall the seating be reconfigured
to created large open spaces for patrons to congregate, dance, drink, or socialize.
g. Live Entertainment: No live entertainment is permitted as part of this Approval,
including live music, disc jockey, karaoke, and dancing; and there shall be no
entertainment stage or platform. Future requests for live entertainment shall
require approval by the Planning Commission.
h. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept
within the enclosure except during collection in compliance with Chapter 6.04 of
the Campbell Municipal Code. All trash disposal, normal clean-up, carpet
cleaning, window cleaning, sidewalk sweeping, etc. shall occur after 6:00 AM.
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC Sec.6.11.060.
j. Noise: Regardless of decibel level, no noise generated by the approved shall
obstruct the free use of neighboring properties so as to unreasonably interfere
with the comfortable enjoyment of the neighboring residents. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the Hours of Operation and/or
commence revocation proceedings pursuant to Condition of Approval No. 8
(Modification or Revocation of Permit). The following restrictions shall also be
adhered to limit potential noise impacts:
i. Doors shall remain closed at all times and will not be propped open to
contain interior noise.
ii. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00
PM.
iii. Outdoor speakers are prohibited.
k. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, and/or refuse may be stored outside the building or within
the adjacent parking lot area.
l. Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
m. Outdoor Seating: No outdoor seating is approved as part of the development
application approved herein.
n. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. The final design and type of lighting fixtures and lighting intensity
Conditions of Approval Page 3 of 4
PLN-2023-196 ~ 1301 Camden Avenue
of any proposed new exterior lighting for the project shall be reviewed and
approved by the Community Development Director for compliance with the City
of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
o. Facade: Facades shall be kept clear of any obstructions to provide an inviting and
attractive setting for pedestrians.
4. 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. Exterior areas of the business shall include not only the parking
lot and private landscape areas but also include the public right-of-way adjacent to the
business.
5. Drive-through Signage: The business operator shall place and maintain the following
signs on the property:
a. A sign at the entrance of the drive-through lane off Camden Avenue warning
automobiles to watch for pedestrians crossing the drive-through lane
b. A sign at the south edge of the drive-through lane in the lot interior stating
that no entry into the drive-through lane is allowed from that location and
drive-through lane entrance is off Camden Avenue only.
6. Pedestrian Walkway: Pursuant to CMC Sec 21.28.080.J, the business operator shall
place and maintain a new marked pedestrian walkway at the site entrance off Camden
Avenue that connects the sidewalk on Camden Avenue to the existing marked
pedestrian walkway west of the existing building.
7. Signage: No signage is approved as part of the development application approved
herein with the exception of signage descried in Condition of Approval No. 5 (Drive-
through Signage). Signage shown on Project Plans included as Attachment B in the
April 8, 2025, Planning Commission Staff Report serves a placeholder. Prior to issuance
of a building permit, the applicant must submit plans to the Planning Department for
approval by the Community Development Director showing signage that conforms with
the requirements of CMC Sec.21.30 (Signs).
8. Modification or Revocation of Permit: Operation of a "quick-service” restaurant with
“drive-through" and 24-hour operation (“late night activities”) pursuant to this Approval
is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate
decision making body to modify or revoke a Conditional Use Permit if it is determined
that its operation has become a nuisance to the City’s public health, safety or welfare
or for violation of the Conditional Use Permit 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) verifiable complaints related to violations of
conditions of approval and/or related to its operation within a twelve (12) month period,
a public hearing may be scheduled to consider modifying conditions of approval or
revoking the Conditional Use Permit. The Community Development Director may
commence proceedings for the revocation or modification of permits upon the
occurrence of less than three (3) 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 establishment's hours of operation, including of the
restaurant or drive-through or both. In exercising this authority, the decision-making
body may consider the following factors, among others:
Conditions of Approval Page 4 of 4
PLN-2023-196 ~ 1301 Camden Avenue
a. The number and types of Police Department calls for service at or near
the establishment that are reasonably determined to be a direct result of
customer and/or employee actions;
b. The number of complaints received from residents, business owners and
other citizens concerning the operation of an establishment regarding,
noise, and/or other operational impacts; and
c. Violation of conditions of approval.
BUILDING DEPARTMENT:
1. Permit Required: Building permit application shall be required for building remodel.
2. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permits.
PUBLIC WORKS DEPARTMENT:
1. Frontage Improvements: The scope of this project triggers the requirement for Frontage
Improvements as required by Campbell Municipal Code 11.24.040. The applicant will
need to upgrade the two (2) existing driveways along the Camden Avenue frontage to
be accessible (ADA) compliant. The driveways shall be reconstructed using City
Standard Detail C-19.
2. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits
for the site, the applicant shall apply, pay various fees and deposits, post security and
provide insurance necessary to obtain an encroachment permit for construction of the
standard public street improvements, as required by the City Engineer. The plans shall
include the following, unless otherwise approved by the City Engineer:
a. Reconstruction of two (2) existing driveway approaches along the
Camden Avenue frontage to be ADA compliant using City Standard Detail
C-19.
b. Construction of conforms to existing public and private improvements, as
necessary.
3. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the
City.
PC Reso No. 2025-08 ~ 1301 Camden Avenue
Final Audit Report 2025-04-30
Created:2025-04-29
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAToh_s_h96w3hOGMTjhJFyGTYNq47Ef-T
"PC Reso No. 2025-08 ~ 1301 Camden Avenue" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-04-29 - 11:47:11 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-04-29 - 11:47:15 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-04-29 - 11:47:15 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-04-30 - 9:36:30 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-04-30 - 9:37:05 PM GMT - Time Source: server
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-04-30 - 11:16:57 PM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-04-30 - 11:17:21 PM GMT - Time Source: server
Agreement completed.
2025-04-30 - 11:17:21 PM GMT