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CC Resolution 8617 RESOLUTION NO. 8617 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL USE PERMIT APPROVING A CONDITIONAL USE PERMIT ALLOWING A BEER AND WINE LICENSE AND OPERATIONAL HOURS AFTER 11 P.M. IN AN EXISTING RESTAURANT ON PROPERTY LOCATED AT 422 E. CAMPBELL AVENUE IN A C-3-S (CENTRAL BUSINESS DISTRICT COMMERCIAL) ZONING DISTRICT; APPLICATION OF MR. GIRMA BEKELE, FILE NO. UP 93-16. After notification and Public Hearing as specified by law on the application of Mr. Girma Bekele allowing a beer and wine license and operational hours after 11 p.m. in a C-3-S (Central Business District Commercial) Zoning District, as per the application filed in the Planning Department on December 14, 1993, and after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to file No. UP 93-16: 1. The proposed restaurant use is compatible with the existing uses in the downtown area and with the retail and commercial uses in the general vicini ty. 2. The proposed beer/wine sales represent a minor portion of the restaurant operation and a full food service will be provided throughout the restaurant during all business hours. 3. The extended hours of operation on Thursday, Friday and Saturday evenings is appropriate for restaurant use and compatible with the uses in the area. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 2. The proposed site is adequate in size and shape to accommodate the said use with uses in the surrounding area. Resolution No. 8617 UP 93-16 -- 422 E. Campbell Avenue Adopted March I, 1994 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Based upon the above findings, the City Council does hereby grant the requested Conditional Use Permit, subject to the attached Conditions of Approval, entitled Exhibit A. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 1st day of March, 1994, by the following roll call vote: AYES: NOES: ABSENT: ABST AIN: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS: COUNCILMEMBERS: Conant, Ashworth, Burr, Dougherty, Watson None None None APPROVED: ~ anette Watson, Mayor ATI'EST: 0 ~ t5tcu- Anne Bybee, City Clerk . . EXHIBIT A CONDITIONS OF APPROVAL FOR FILE NO. UP 93-16 SITE ADDRESS: 422 E. CAMPBELL AVENUE APPLICANT: MR. GIRMA BEKELE, SHEBELE RESTAURANT c.c. MEETING: MARCH 1, 1994 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. The lead department with which at the applicant will work is identified on each condition. 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. USE PERMIT Approval is granted for a Conditional Use Permit allowing a restaurant at 422 E. Campbell Avenue with: 1. On sale beer and wine license in conjunction with food service 2. Operational hours after 11 p.m. on Thursday, Friday and Saturday APPROVED USE Approval is granted for a restaurant containing 45 seats. The restaurant shall conform to exhibits received on January 17, 1994. Hours of Operation: Hours of operation are permitted as follows: Sunday through Wednesday 6 a.m. until 11 p.m. Thursday through Saturday 6 a.m. until 2 a.m. Live Entertainment: Live entertainment is not approved or permitted with Conditional Use Permit 93-16.