PC Res 4684RESOLUTION NO. 4684
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CITY-INITIATED MODIFICATION TO A PREVIOUSLY APPROVED ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2009-167), AMENDING THE CONDITIONS OF APPROVAL
FOR AN EXISTING RESTAURANT/LIQUOR ESTABLISHMENT
(NEGEEN RESTAURANT) WITH LATE-NIGHT ACTIVITIES ON PROPERTY LOCATED AT 801 W. HAMILTON AVENUE. FILE NO.: PLN-2023-65
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-2023-65:
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 (Park Town Place) to the north, and a residential condominium community (Alvin’s Corner at Penny Lane) to the northeast.
2. The existing restaurant (Negeen Restaurant) and liquor establishment is located within an existing shopping center (The Redwoods Shopping Center). The establishment occupies a 2,160 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. 4. On April 9, 2010, an Administrative Planned Development Permit was issued by the
Community Development Director to allow a late night activity in conjunction with an
existing restaurant use (Negeen Restaurant). The approved business hours were restricted to 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) was restricted to 6:00 AM to 11:30 PM Sunday through Thursday and 6:00 AM to 2:30 AM Fridays and Saturdays.
5. The Administrative Planned Development Permit included four relevant conditions of approval related to littering (condition of approval #9), live entertainment (condition of approval #11), outdoor cooking (condition of approval #18), and noise (condition of approval #19).
6. In March of 2022, city staff was informed of an upcoming special event planned for the subject property and determined that Negeen Restaurant did not obtain proper permits (e.g. a live entertainment permit issued by the Police Department) and the event activities would violate the conditions of approval of the previously issued Administrative Planned
Development Permit. City staff contacted the owner of the business, Parviz Sahbaee,
Planning Commission Resolution No. 4684 Page 2 of 4 801 W. Hamilton Avenue PLN-2023-65 ~ Modified Administrative Planned Development Permit
informing him of the notice of intent to cite should the event occur without the benefit of proper permits.
7. On March 15, 2022, the event proceeded without proper permits from both the City and the Santa Clara County Fire Department. The Police Department visited the property and documented the event. It was noted by the Police Department that the event included an outdoor barbeque and a disc jockey booth. Shortly after the event, a code enforcement
citation of $1,000 was issued due to violating the conditions of approval. The code
enforcement citation was paid and the code enforcement case was closed. 8. In March of 2023, the Police Department received an anonymous phone call reporting loud music and a stage at the subject property. Officers responded to the call and spoke
to the private security team who informed the officers that permits were not obtained,
and the event would continue. Later that evening, officers drove by the subject property and noted approximately 200 people in the parking lot with a live band, and outdoor grill. 9. In April of 2023, the Code Enforcement Division notified the business owner of the code
enforcement violation, and a citation of $1,000 was issued. The code enforcement
citation has been paid. 10. Based on the information collected by the Police Department, summarized in the background section of the staff report and contained within this resolution, operations of
the unpermitted live events has violated the four conditions of approval.
11. Although the city has used code enforcement actions to cite the business owner, this has not deterred the owner from conducting additional events in violation of the conditions of approval.
12. The current Administrative Planned Development Permit does not contain conditions of approval that allow the Community Development Director to make modifications to the use permit conditions (such as a modification in the hours of operation) that address any documented violations. The City has applied conditions of this nature to other
establishments in the city, such as bars and other liquor establishments.
13. The modified condition of approval will provide the Community Development Director to immediately and ministerially restrict the hours of operation to 12:00 AM.
14. In review the City-initiated modification, the Planning Commission considered the
proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 15. The Planning Commission's review of the City-initiated modification further
encompassed zoning and General Plan land use conformance, noise impacts, parking,
property maintenance, odors, security and enforcement, and neighborhood impacts. 16. The Planning Commission also weighed the public need for, and the benefit to be derived from, the City-initiated modification, against any impacts it may cause.
Planning Commission Resolution No. 4684 Page 3 of 4 801 W. Hamilton Avenue PLN-2023-65 ~ Modified Administrative Planned Development Permit
17. No substantial evidence has been presented which shows that the City-initiated
modification, 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:
Modification Findings (CMC Sec. 21.68.040):
1. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the modification;
a. An Administrative Planned Development Permit was granted by the Community
Development Director on April 9, 2010 to allow for the continuance of late night operations. As determined by the Campbell Police Department, Negeen Restaurant had held live events at the subject site which resulted in three noise complaints. These cases document that business operations affect the public convenience,
health, interest, safety of welfare and require modification to the Administrative
Planned Development Permit.
2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit;
a. This finding does not apply as there is no evidence that the permit issued in 2009 was
issued on the basis of a misrepresentation in the application or the applicant’s testimony.
3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
a. As discussed in the Background section of the report, condition of approval #9, 11,
18, and 19 have been violated in 2022 and 2023 by the hosting of live events outside the parameters of the Administrative Planned Development Permit and failure to obtain proper city approvals.
4. The improvement authorized in compliance with the permit is in violation of a code, law,
ordinance, regulation, or statute of the city, State, or Federal governments; or
a. This finding does not apply.
5. The improvement or use allowed by the permit has is no longer detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decision-making body.
Planning Commission Resolution No. 4684 Page 4 of 4 801 W. Hamilton Avenue PLN-2023-65 ~ Modified Administrative Planned Development Permit
a. As documented in this report, the Campbell Police Department received calls for service for Negeen Restaurant related to noise during the unpermitted events.
Allowing the Community Development Director to take immediate action in reducing
the hours of operation may result in compliance with the Administrative Planned Development Permit.
Environmental Findings (CMC Sec. 21.38.050):
6. 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 City-initiated Modification to a previously Modified Administrative Planned Development Permit (PLN-
2009-167) amending the conditions of approval for an existing restaurant/liquor
establishment (Negeen Restaurant) with late-night activities on property located at 801 W. Hamilton Avenue, subject to the attached Revised Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 11th day of July, 2023, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Buchbinder, Zisser, Kamkar, Krey NOES: Commissioners: ABSENT: Commissioners: Ostrowski
ABSTAIN: Commissioners:
APPROVED: Adam Buchbinder, Chair
ATTEST: Rob Eastwood, Secretary
EXHIBIT A
AMENDED CONDITIONS OF APPROVAL City-Initiated Modification (PLN-2023-65)
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 City-initiated Modification to a previously
approved Administrative Planned Development Permit (PLN-2009-167) amending the Conditions of Approval for an existing restaurant and liquor establishment with late-night activities. The configuration of the approved restaurant and liquor establishment shall continue to substantially conform to the revised project plans stamped on December 21, 2009, except as may be modified by the conditions of approval contained herein.
2. Approval Expiration: The Modified Administrative Planned Development approved herein
(hereon "Approval") shall be valid in perpetuity on the property subject to continued exercise of this Approval and maintenance of a Type 47 (On-Sale General License for Bona Fide Public Eating Place) Liquor License issued by the California Department of Alcoholic Beverage Control (ABC), except upon revocation pursuant to Condition of
Approval No. 23 (Revocation of Permit). Discontinuation of alcohol service for a
continuous period of twelve months, as evidenced by surrender or revocation of the Type 47 License, shall void this Approval.
3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in the Administrative Planned Development Permit (PLN2009-167) are hereby
void and permanently superseded in their entirety by the Conditions of Approval specified
herein.
4. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid in perpetuity with continued operation of the restaurant and liquor establishment. Abandonment, discontinuation, or
ceasing of operations for a continuous period of twelve months shall void the Administrative Planned Development Permit approved herein.
5. 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
or Administrative Planned Development Permit.
6. Hours of Operation: Unless modified by Condition of Approval #23 (Modification or Revocation of Permit), the hours of operations are as follows:
a. Business Hours: The business hours of operation shall be restricted to 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.
Exhibit A – Conditions of Approval Page 2 PLN-2023-65 ~ Modification (Admin. P-D Permit)
b. Operational Hours: The hours of operation shall be restricted to 6:00 AM to 11:30 PM Sunday through Thursday and 6:00 AM to 2:30 AM Fridays and Saturdays. The
allowed hours of operation 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.
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). 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. 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.
10. 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.
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.
Exhibit A – Conditions of Approval Page 3 PLN-2023-65 ~ Modification (Admin. P-D Permit)
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 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. 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 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.
21. 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.
22. Compliance Agreement: The business owner shall enter into a Compliance Agreement
with the City of Campbell to obtain the required approvals and permits to allow indoor live entertainment.
23. Modification or Revocation of Permit: Operation of the restaurant and liquor establishment pursuant to 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 an Administrative Planned Development Permit if it is determined that business operations has become a nuisance to the City’s public health, safety or welfare or for violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the establishment generates two (2) verifiable complaint related to violations of conditions of approval (e.g., noise, litter, outdoor cooking, etc.) or has conducted any unpermitted entertainment / special event at the subject site within any twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or
revoking the Administrative Planned Development Permit. The Community Development Director may commence proceedings for the revocation or modification of the Approval
Exhibit A – Conditions of Approval Page 4 PLN-2023-65 ~ Modification (Admin. P-D Permit)
upon the occurrence of one (1) complaint 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 closing time to 12:00 AM on Friday
and Saturday to address noise 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 calls for service at or near the establishment that are reasonably determined to be a direct result of business
owner actions;
b. The number of complaints received from residents, business owners, and other citizens concerning the operation of the establishment,
c. Unpermitted events occurring at the subject site; and
d. Violation of conditions of approval.
Resol 4684 ~ 801 W Hamilton (Negeen)
Final Audit Report 2023-07-17
Created:2023-07-14
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAvLZf2u2N3b5y5Nvw_vkbimDee1cMex6B
"Resol 4684 ~ 801 W Hamilton (Negeen)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-07-14 - 8:42:18 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-07-14 - 8:42:54 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-07-14 - 11:45:49 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-07-14 - 11:48:00 PM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-07-14 - 11:48:02 PM GMT
Email viewed by abuchbinder@google.com
2023-07-17 - 3:54:41 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-07-17 - 3:55:26 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-07-17 - 3:55:28 PM GMT - Time Source: server
Agreement completed.
2023-07-17 - 3:55:28 PM GMT