PC Res 4695RESOLUTION NO 4695
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2023-174) TO ALLOW FOR BEER AND WINE
SALES (LIQUOR ESTABLISHMENT) IN ASSOCIATION WITH AN
EXISTING RESTAURANT WITH A 5:00 AM OPERATIONAL OPENING
(LATE NIGHT ACTIVITIES), WITH ANCILLARY COMMUNITY
COOKING CLASSES AND PRIVATE EVENTS ON PROPERTY
LOCATED AT 1402 CAMDEN AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission did find as follows with regard to application PLN-2023-174:
1. The Project Site is zoned NC (Neighborhood Commercial) and designated
Neighborhood Commercial by the General Plan.
2. The Project Site is an approximately 16,117 square-foot parcel located on the
southeast corner of Camden Avenue and Erin Way. The subject use occupies a 1,310
square-foot unit on the parcel.
3. The Project Site is currently developed with one single-story commercial building with
four (4) combined tenant spaces that include a day spa, donut shop, a barbershop, and
the subject restaurant.
4. The applicant is requesting approval of a Conditional Use Permit to allow for beer and
wine sales (liquor establishment) in association with an existing restaurant with a 5:00
AM operational opening (late night activities), community cooking classes, and private
events.
5. The existing use of the Project Site as a restaurant is allowed by-right within the NC
Zoning District. The proposed use of the Project Site during “late night hours” and
inclusion of beer and wine service, as described in the Project Description included in
the January 23, 2024 Staff Report as Exhibit C, is allowed in the NC Zoning District
through the approval of a Conditional Use Permit.
6. The business would operate between 5:00 AM through 11:00 PM Sunday through
Saturday. Breakfast service would begin at 7:00 AM.
7. 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 drunk in public, vandalism, and disorderly conduct.
8. For purposes of its overconcentration analysis, to determine whether or not an
"overconcentration" of liquor establishments exists, the Planning Commission
Attachment A
Planning Commission Resolution No. Page 2 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
recognizes the Camden Avenue, inclusive of the commercial properties up to S.
McGlincy Lane, as constituting the "surrounding area".
9. Approval of the Proposed Project would result in two alcohol-serving establishments
within the "surrounding area", or approximately one per 7 1/2 acres. In comparison,
the Campbell Plaza and Pruneyard Shopping Centers have one alcohol-serving
establishment per three and one acres, respectively.
10. The site is served by 25 parking spaces on-site. The proposed “late night hours” and
inclusion of beer and wine service does not affect the parking obligation of the property.
11. Allowing an existing restaurant to operate during “late night hours” and serve beer and
wine will satisfy the purpose/intent of the Neighborhood Commercial General Plan land
use designation which, as noted, 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.
• 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-1.2: Require development projects and changes to existing uses to be consistent with the
standards indicated in Table N-1 to ensure acceptable noise levels for existing and future
development.
• 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.
12. 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.
13. 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.
Planning Commission Resolution No. Page 3 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
14. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
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;
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;
Liquor Establishment Findings (CMC Sec. 21.46.070):
7. The establishment will not result in an over concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
10. The establishment will not significantly increase the demand on city services;
Environmental Finding(s) (CMC Sec. 21.38.050):
Planning Commission Resolution No. Page 4 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
11. 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
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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN-2023-174) to allow for beer and wine sales (liquor
establishment) in association with an existing restaurant with a 5:00 AM operational
opening (late night activities), community cooking classes, and private events on property
located at 1402 Camden Avenue, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 23th day of January, 2024, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Feb 15, 2024 14:27 PST)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit
(PLN-2023-174)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2023-174) to
allow for beer and wine sales (liquor establishment) in association with an existing
restaurant with a 5:00 AM operational opening (late night activities), with ancillary
community cooking classes and private events on property located at 1402 Camden
Avenue. The project shall substantially conform to the Project Plans and Project
Description included as Attachments B and C in the January 23, 2024 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.
• Approved Use: The approved use is a "restaurant, standard" as defined by the
Campbell Municipal Code, operating with hours beginning at 5:00 AM (“late night
Planning Commission Resolution No 4965 Page 2 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
activity”) and serving beer and wine ("liquor establishment"), and as limited by the
operational standards listed herein.
• Business License: The business shall be required to obtain and maintain a City
business license at all times.
• Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 34 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 34 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.
• Hours of Operation: Hours of operation shall be as follows. By the end of
"Business Hours" all patrons shall have exited the establishment. By the end of the
Operational Hours" all employees shall be off the premises (except for
emergencies).
• Business Hours 5:00 AM – 11:00 PM, daily
• Operational Hours: 7:00 AM – 11:00 PM, daily
• Liquor License: The applicant shall obtain and maintain in good standing 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 alcoholic beverages in
conjunction with the restaurant.
• 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.
• 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.
• 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.
• Maximum Occupancy Sign: The business owner shall install a new maximum
occupancy sign of a size to be determined by the Community Development
Director, 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.
Planning Commission Resolution No 4965 Page 3 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
• 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.
• Alcohol Beverage Service: Alcohol beverage service shall only be allowed in
conjunction with food service within the dining area.
• Food Service: Full menu food service shall be provided at all times during the
Business Hours (i.e., the kitchen shall not be closed).
• Live Entertainment: No live entertainment is permitted as part of this Approval,
including live music, disc jockey, karaoke, and dancing. Future requests for live
entertainment shall require approval by the Planning Commission.
• 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.
• Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
• Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering, including
contacting the Police Department as necessary to enforce this requirement.
• 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:
• Doors shall remain closed at all times and will not be propped open to
contain interior noise.
• Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
• Outdoor speakers are prohibited.
Planning Commission Resolution No 4965 Page 4 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
• 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.
• Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
• 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 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).
• 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.
• Outdoor Seating: Outdoor dining up to twelve (12) seats may be approved by the
Community Development Director through issuance of a Zoning Clearance
pursuant to CMC Section 21.36.150 provided that satisfactory parking is provided. If
approved, outdoor seating shall be subject to the following standards:
i. The design and make of all furniture (chairs, tables, planters, and umbrellas,
etc.) shall be subject to review and approval by the Community Development
Director.
ii. During non-business hours, chairs and tables shall be stacked, stored inside,
or otherwise secured to prevent unauthorized use
iii. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
iv. Exterior heaters shall be electric or natural gas. Propane heaters are
prohibited unless the Community Development Director approves a propone
canister enclosure.
v. 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. New signage shall not be installed prior to approval of a sign permit.
6. Revocation of Permit: Operation of a restaurant use during “late night hours” and beer
and wine service ("liquor establishment") pursuant to this Approval is subject to
Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision
Planning Commission Resolution No 4965 Page 5 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
making body to modify or revoke an 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:
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.
Resol 4695 - 1402 Camden Avenue (Latin Asian
Fusion Kitchen)
Final Audit Report 2024-02-15
Created:2024-01-26
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAE0vuNI0nMe-YYLYruxq1lP1JyZZ-sTOY
"Resol 4695 - 1402 Camden Avenue (Latin Asian Fusion Kitche
n)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-01-26 - 0:18:40 AM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-01-26 - 0:18:44 AM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-01-26 - 0:18:44 AM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-01-29 - 8:29:13 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-01-29 - 8:29:24 PM GMT - Time Source: server
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-02-15 - 10:26:00 PM GMT
Document signing delegated to Alan Zisser (jvcv87pqs8@privaterelay.appleid.com) by Alan Zisser
(alanzisser@gmail.com)
2024-02-15 - 10:26:43 PM GMT
Document e-signed by Alan Zisser (jvcv87pqs8@privaterelay.appleid.com)
Signature Date: 2024-02-15 - 10:27:54 PM GMT - Time Source: server
Agreement completed.
2024-02-15 - 10:27:54 PM GMT