PC Res 2025-06RESOLUTION NO. 2025-06
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT MODIFICATION TO ALLOW
FULL SERVICE ONSITE ALCOHOL SALES AND AMEND
HOURS OF OPERATION IN ASSOCIATION WITH A
PROPOSED RESTAURANT WITH APPROVED OUTDOOR
SEATING ON PROPERTY LOCATED AT 10 E. HAMILTON
AVENUE, #100. FILE NO.: PLN-2024-170
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 the approval of a Conditional Use Permit Modification:
1. The project site is zoned GC (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 consists of an existing unoccupied restaurant tenant space on an
approximately 1-acre lot located on the southeast corner of E. Hamilton Avenue and
S. Winchester Boulevard.
4. On May 25, 1993, the Planning Commission adopted Resolution No. 2857 approving
a Conditional Use Permit allowing outside seating of twenty seats in conjunction with
a proposed restaurant with operating hours of 6:30 AM to 10:00 PM Monday through
Saturday and 6:30 AM to 5:00 PM Sunday.
5. On May 14, 1996, the Planning Commission adopted Resolution No. 3027 approving
a modification to a previously approved Conditional Use Permit to allow an on-sale
beer and wine license for a new restaurant (California Chicken Rollers) with operating
hours of 6:30 AM to 10:00 PM Monday through Saturday and 6:30 AM to 5:00 PM
Sunday.
6. The applicant is requesting approval of a Conditional Use Permit Modification to
permit full service onsite alcohol sales and modify hours of operation in association
with an existing restaurant tenant space with approved outdoor seating.
7. Hours of operation will be 6:00 AM to 11:00 PM Monday through Sunday.
8. The proposed addition of full-service onsite alcohol sales is allowed in the GC Zoning
District through the approval of a Conditional Use Permit. The proposed hours of
operation do not require a Conditional Use Permit in the GC Zoning District but
constitute a modification of previously approved hours on this site.
9. The overconcentration of alcohol-serving establishments within a geographically
defined area can create a cumulative impact that overwhelms the area creating an
undesirable result such as public drunkenness, vandalism, and disorderly conduct.
10. For purposes of its overconcentration analysis, to determine whether or not an
"overconcentration" of liquor establishments exists the Planning Commission
recognizes the E. Hamilton Avenue commercial corridor, inclusive of the commercial
Planning Commission Resolution No. 2025-06 Page 2 of 3
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
properties between Dunster Drive and Salmar Avenue, as constituting the
"surrounding area".
11. Approval of the Proposed Project would result in three alcohol-serving
establishments within the "surrounding area", or approximately one per 15 acres. In
comparison, the Campbell Plaza and Pruneyard Shopping Centers have one alcohol-
serving establishment per three and one acres, respectively.
12. The site is served by 69 parking spaces on-site. The proposed addition of full service
onsite alcohol sales does not affect the parking obligation of the property.
13. Allowing an existing restaurant tenant space to continue to operate as a restaurant
and include full service onsite alcohol sales will satisfy the purpose/intent of the
General Commercial General Plan land use designation which is intended support a
variety of uses and retain businesses within Campbell. The applicant’s proposal may
also be found to further the following General Plan policies and strategies:
• 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.
• 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.
14. In review of the proposed project, the Planning Commission also weighed the public
need for, and the benefit to be derived from, the project, against any impacts it may
cause.
15. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
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;
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
Planning Commission Resolution No. 2025-06 Page 3 of 3
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
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;
Onsite Alcohol Sales Findings (CMC Sec. 21.36.144):
1. The establishment will not result in an over concentration of these uses in the
surrounding area;
2. The establishment will not significantly increase the demand on city services;
Environmental Finding(s) (CMC Sec. 21.38.050):
1. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure; 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 recommends approval
of a Conditional Use Permit modification to allow full service onsite alcohol sales and
amend hours of operation in association with a proposed restaurant with approved
outdoor seating on property located at 10 E. Hamilton Avenue, #100, subject to the
attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 11th day of March 2025, by the following roll call vote:
AYES: Commissioners: Kamkar, Zisser, Krey, Buchbinder, Majewski, Fields,
Ostrowski
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Apr 30, 2025 16:16 PDT)
EXHIBIT A
Conditions of Approval Page 1 of 5
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
CONDITIONS OF APPROVAL
Conditional Use Permit Modification
(PLN-2024-170)
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
(PLN-2024-170) to allow full service onsite alcohol sales and amend hours of
operation in association with a proposed restaurant with approved outdoor seating on
property located at 10 E. Hamilton Avenue, #100. The project shall substantially
conform to the Project Plans and Project Description included as Attachments B and
C in the March 11, 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 ("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
and a liquor license from the Department of Alcoholic Beverage Control (ABC) must
be secured. 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. 3 (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. 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 "restaurant, standard" with "outdoor
seating", and ancillary full service “onsite alcohol sales”, as defined by the
Campbell Municipal Code and as limited by the operational standards listed herein.
At no time shall the restaurant be operated as a "quick service restaurant" or as a
stand-alone bar/tavern (a primary "onsite alcohol sales" use).
EXHIBIT A
Conditions of Approval Page 2 of 5
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
b. Business License: The 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 70 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 70 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.
d. Hours of Operations. Hours of operation shall be as follows. By the end of
'Business Hours' all patrons shall have exited the restaurant. By the end of the
'Operational Hours' all employees shall be off the premises.
• Business Hours 7:00 AM – 10:00 PM, Monday through Sunday
• Operational Hours 6:00 AM – 11:00 PM, Monday through Sunday
e. Liquor License: The applicant shall obtain and maintain in good standing a Type
47 (On-Sale General – Eating Place) or a Type 41 (On-Sale Beer and Wine for Bona
Fide Public Eating Place) license from the Department of Alcoholic Beverage
Control for the sale of beer, wine, and distilled spirits for consumption on the licensed
premises in conjunction with the restaurant.
f. Employee Training: The establishment shall use an employee training manual
that addresses alcoholic beverage service consistent with the standards of the
California Restaurant Association and the ABC.
g. Designated Driver Program: The establishment shall maintain and actively
promote a designated driver program (e.g., complimentary non-alcoholic
beverages for designated drivers), including posting in a conspicuous place
contact information for local designated driver services.
h. Bar Area Seating: There shall be no separate "bar area," defined as a separate
area, tables, or a room intended primarily for serving alcoholic beverages. The
dining counter shall not be utilized as a "bar area".
i. 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.
j. 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.
EXHIBIT A
Conditions of Approval Page 3 of 5
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
k. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in
conjunction with food service.
l. Food Service: Full menu food service shall be provided at all times during the
Hours of Operation (i.e., the kitchen shall not be closed).
m. 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.
n. 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.
o. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
p. 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. 6
(Revocation of Permit). The following restrictions shall also be adhered to limit
potential noise impacts:
a. Doors shall remain closed at all times and will not be propped open to
contain interior noise.
b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
c. Outdoor speakers are prohibited.
q. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, and/or refuse stored outside the building or within the
adjacent parking lot area.
r. Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
s. 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
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).
t. Facade: Facades shall maintain floor to ceiling windows, which shall be kept clear
of any obstructions to provide an inviting and attractive setting for pedestrians.
EXHIBIT A
Conditions of Approval Page 4 of 5
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
u. Outdoor Seating: Outdoor seating shall be subject to the following standards:
i. During non-business hours, chairs and tables shall be stacked, stored
inside, or otherwise secured to prevent unauthorized use.
ii. Total patron occupancy in the outdoor seating area shall be limited to 20
seated patrons, within the approved patio area.
iii. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
iv. The design and make of all future, new furniture (chairs, tables, planters,
and umbrellas, etc.) shall be subject to review and approval by the
Community Development Director.
v. Exterior heaters shall be electric or natural gas. Propane heaters are
prohibited unless the Community Development Director approves a
propone canister enclosure.
vi. The operational standards of this Conditional Use Permit shall apply to the
outdoor seating area.
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. Signage: No signage is approved as part of the development application approved
herein. Signage shown on Project Plans included as Attachment B in the March 11,
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.21.30.060. Signage that does not conform with
these requirements will require approval of a sign permit.
6. Revocation of Permit: Operation of a "standard restaurant" use with full service “onsite
alcohol sales” 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. In exercising this authority, the
decision-making body may consider the following factors, among others:
EXHIBIT A
Conditions of Approval Page 5 of 5
PLN-2024-170 ~ 10 E. Hamilton Avenue, #100
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.
PC Reso No. 2025-06 ~ 10 E. Hamilton
Final Audit Report 2025-04-30
Created:2025-04-29
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAE_EqM896mXBzMtkNbSLIUZvd67v3fK19
"PC Reso No. 2025-06 ~ 10 E. Hamilton" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-04-29 - 11:42:57 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-04-29 - 11:43:01 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-04-29 - 11:43:02 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-04-30 - 9:40:20 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-04-30 - 9:40:31 PM GMT - Time Source: server
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-04-30 - 11:16:16 PM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-04-30 - 11:16:43 PM GMT - Time Source: server
Agreement completed.
2025-04-30 - 11:16:43 PM GMT