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Admin PD - 2009Community Development Department April 19, 2010 Ms. Parviz Sahbaee Negeen Restaurant 6301 Paseo Los Cerritos San Jose, CA 95120 Re: File No: PLN2009-167 Address: SO1 W. Hamilton Avenue Application: Administrative Planned Development Permit Dear Ms. Sahbaee, On April 9, 2010 the Community Development Director conditionally approved your Administrative Planned Development Permit to allow the continuance of late night operations for your existing restaurant located at the above referenced property in the PD (Planned-Development) Zoning District. This approval is subject to the attached revised Conditions of Approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on Monday, April 19, 2010. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2142 or by email at steve~(~ucit o~ fcainpbell.com. Sincerely, Steve Prosser Associate Planner encl: Revised Conditions of Approval for File No. PLN2009-167 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-167 SITE ADDRESS: 801 W. Hamilton Avenue APPLICANT: Addie Sahbaee, on behalf of Negeen Restaurant DATE: April 9, 2010 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-167) to allow a late night activity in conjunction with an existing restaurant use (Negeen Restaurant) located at 801 W. Hamilton Avenue. The project shall substantially conform to the project plans, floor plans and project description received by the Planning Division on December 21, 2009, February 22, 2010, and December 21, 2009 respectively, except as maybe modified by the Conditions of Approval contained herein. 2. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to a sign the final approved set of Conditions of Approval. 3. Administrative Planned Devel~ment Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid in perpetuity with continued operation of the restaurant and bar. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Administrative Planned Development Permit approved herein. 4. Violations: Operation of the use in violation of the Administrative Planned Development 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.. 5. Business Hours: The business hours of operation shall be restricted to 11:30 a.m. to 11:00 p.m. Sunday through Thursday and 11:30 through 2:00 a.m. Fridays and Saturdays. Business hours are the hours the business is open to the public. 6. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11:30 p.m. Sunday through Thursday and 6:00 a.m. to 2:30 a.m. Fridays and Saturdays. The allowed hours of operation include 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 a.m. or remain on site after 2:30 a.m. 7. Restaurant Seating: As the City of Campbell's record for the project site show only a 72 seat capacity since 1976, any increase in seating would require a modification of the previously approved Planned Development Permit (PD73-2). As this application is for late-night activity only, restaurant seating shall be limited to the 1976 level. Therefore, the maximum number of seats for the restaurant shall be limited to 72 seats. 8. 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 includes the public right-of--way adjacent to the business. 9. LitterYn~: 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. 10. Si~nage: 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. 11. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 12. Liquor License: The applicant shall maintain a Type 47 (On-Sale General License for Bona Fide Public Eating Place) license from the State Department of Alcoholic Beverage Control in order to continue serving alcoholic beverages. 13. Food Service: Food service shall be required at all times alcoholic beverages are served. 14. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. 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. 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. 17. Outdoor Seating: No outdoor seating is approved with this development application.. 18. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on the subject property. 19. 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, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Mana ement: 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. Front, Side and Rear Doors: The front and side doors to the business shall not remain in an open position during business hours. 20. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall be done between the hours of 11:00 a.m. to 11:00 p.m. At no time shall noise generating cleanup, including the dumping of trash and/or recyclables occur between 11:00 p.m. and 11:00 a.m. 21. Parking and Driveways: All parking and driveway areas shall he maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 79 parking spaces will be provided for the multiple tenant site.