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HomeMy WebLinkAboutReso 35-2005RESOLUTION NO. 35-2005 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DENYING THE APPEAL OF THE PLANNING COMMISSION'S REVOCATION OF USE PERMIT UP 96-090 AND UPHOLDING THE REVOCATION OF UP 96-090 ALLOWING KARAOKE AND LIVE MUSIC UNTIL 1 A.M. AT CHRISTIE'S BAR AND GRILL WHEREAS, on January 20, 2005, the Planning Commission held a duly-noticed public hearing to consider an action, initiated by the Chief Planner at the request of the Police Department, to revoke Conditional Use Permit number UP-96-090, allowing karaoke and limited live music at Christie's Bar and Grill; and WHEREAS, following the hearing, the Planning Commission continued the matter in order to allow staff to revise the findings to incorporate evidence and testimony adduced at the hearing; and WHEREAS, at its duly-noticed meeting on February 3, 2005, the Planning Commission voted unanimously, by a vote of 7-0, to revoke UP 96-090, which allowed the owner to have karaoke (audience participation sing along) and live music with limited dancing until 1 a.m.; and WHEREAS, as provided for by South San Francisco Municipal Code section 20.90.040, on February 16, 2005, the owner of Christie's Bar and Grill submitted a timely appeal of the decision to the City Council; and WHEREAS, at the owner's request, the City Council continued the matter on two occasions, from the originally scheduled appeal hearing date of March 9, 2005 and March 23, 2005; and WHEREAS, on April 13, 2005, the City Council held a duly-noticed public hearing to consider the appeal of the Planning Commission's decision, at which heating the City Council considered the record of proceedings at the Planning Commission, the decision of the Planning Commission, the findings contained in the staff report, and arguments presented to the Council by both staff and the applicant; and WHEREAS, following the hearing, the City Council voted unanimously, by a vote of 5-0, to deny the appeal and to uphold the decision of the Planning Commission to revoke UP 96-090. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, as required by South San Francisco Municipal Code 20.91.030, that the City Council hereby denies the appeal of the revocation of UP 96-030 and upholds the decision of the Planning Commission to revoke the Conditional Use Permit of Christie's Bar and Grill allowing karaoke and live music with limited dancing until 1 a.m., and hereby adopts the following findings based on public testimony and the materials submitted to the City of South San Francisco Planning Commission and the South San Francisco City Council which include, but are not limited to: Memorandum to the Planning Department from Sergeant Alan Normandy dated October 5, 2004; South San Francisco Police Incident Reports detailing police response to incidents at Christie's Bar and Grill; Planning Commission staff report, dated January 20, 2005; the Planning Commission meetings of January 20, 2005 and February 3, 2005, and the City Council meeting of April 13, 2005. 1. Section 20.91.020(b) of the South San Francisco Municipal Code provides that a violation of one or more of the conditions of approval of a use permit may constitute grounds for revocation of a use permit. 2. In December of 2003, then-Planning Sergeant Jim Thane met with Christie's owners Kent Sato and Evelyn Kuo in response to multiple public safety concerns. In discussions with the owners, then-Sergeant Thane clarified specific issues of concern as to the owners' Use Permit, including a clarification of allowable types of live music as provided for in the original Conditions of Approval and associated staff report, which contemplated that music would be limited to karaoke and live music played by no more than three un-amplified musicians. 3. On September 25, 2004, Police Department personnel discovered that Christie's had hired a disc jockey known as "Club 650." The Conditions of Approval provide that the only forms of entertainment allowed are karaoke (audience participation sing along) and live music with limited dancing. As had already been explained to Mr. Sato in the above-reference discussion with then-Sergeant Thane, Condition of Approval 2(a) does not allow for the playback of amplified recorded music. 4. On September 27, 2004, Sergeant A1 Normandy spoke with Kent Sato, Christie's owner, to clarify further the scope of the Use Permit as originally issued. Sergeant Normandy again explained that the original staff report accompanying the Conditions of Approval anticipated that the "live music with limited dancing" referenced as a Condition of Approval would mean live and un-amplified acoustic music limited to an ensemble size of a trio or smaller. Mr. Sato indicated a full understanding of the Use Permit conditions, and indicated that he would comply with the conditions as Sergeant Normandy had explained them. 5. Section 2(c) of the conditions of approval provide that the Chief of Police may immediately suspend the operation of the business if he or she finds that there are violations of the Use Permit or ABC license, or if there is a single significant violent crime, or a single significant incident warranting multiple police units or multiple police jurisdiction response with the operation of this use, which he or she determines is detrimental to public health or safety. 6. On November 11, 2003, the Police Department investigated an Assault with a Deadly Weapon that occurred at Christies Bar and Grill (SSF Police Case Report #03-11-30-006). South San Francisco Police Sergeant Jim Thane was dispatched to Christie's Bar, where witnesses reported a large fight among patrons. One victim was hit on the head with a pool stick. In later conversations with the owner, South San Francisco Police Sergeant Jim Thane advised the owners that this incident would qualify as the type of "single significant incident" contemplated in the above-referenced condition of approval. 7. On October 2, 2004, the Police Department responded to reports of a "rap contest" at Christie's Bar and Grill. A citizen reported a large group of people loitering outside of the establishment. Officers were dispatched to the scene, and five separate police units responded to the disturbance. Officers responding to the scene reported smelling the distinct odor of burnt marijuana, and reported that the large group of patrons assembling outside of the Bar obstructed the sidewalk. The rap contest exceeded the scope of permissible "live music" as this term had been clearly explained to Mr. Sato during previous encounters with Police Department personnel. 8. On January 12, 2005, South San Francisco Police responded to a report of two male subjects physically fighting on the sidewalk outside of Christie's Bar and Grill. Officers were dispatched to the scene, separated the subjects and learned that the incident had started when a disruptive patron entered Christie's and created a disturbance. Christie's owner Kent Sato escorted the patron outside, at which point the patron assaulted Sato by striking him in the face. A struggle ensued and the pair collided with a plate glass window of an adjacent business, Auto Row Parts, shattering the window and resulting in multiple lacerations to Sato's face. 9. Section 20.91.020(b) of the South San Francisco Municipal Code provides that a use permit may be revoked upon a finding that the manner in which the use is conducted is detrimental to the public health or safety. 10. The repeated disturbances to the peace and significant incidents warranting multiple unit police response are detrimental to public health and safety. The first incident, from November 11, 2003, resulted in a ½ inch laceration along the left eyebrow of a bar patron. The incident from January 12, 2005 resulted in multiple lacerations to the face of bar owner Kent Sato. Thus, the conduct of the business has resulted in at least two reported injuries. Additionally, officers responding to citizen reports at Christie's have reported the presence on the premises of the distinct odor of burnt marijuana, a restricted dangerous drug classified in Schedule 1 of the California Health and Safety Code and possession of which is illegal under California Health and Safety Code section 11357. 11. A compelling public necessity warranting the revocation of a use permit for an otherwise lawful business may exist where the conduct of the business constitutes a nuisance. South San Francisco Municipal Code Section 8.54.070(k)(1) provides that any use of property which gives rise to a reasonable determination that said use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature is a nuisance. 12. Condition 2(d) of the Conditions of Approval requires the owner to be responsible for controlling behavior inside and outside the business. Despite several requests from the Police Department, the owner has been unable to control the unruly and unlawful conduct of patrons visiting his establishment. This failure to control the conduct of patrons inside and outside of the establishment has resulted in injuries to patrons and staff alike. Additionally, the Planning Commission and City Council expect that recipients of Conditional Use Permits will understand the parameters and conditions imposed under their permits. The owner has repeatedly demonstrated a failure to understand and comply with both the letter and spirit of several Conditions of Approval of the Use Permit, including the limitation of live entertainment to karaoke and live music with limited dancing, and the requirement to monitor admission to the building and occupancy load imposed by Condition of Approval 2(f). 13. The repeated occurrence of disturbances of the peace requiring multiple officer response and resulting in injuries to Christie' s patrons and staff constitute a threat to the health and welfare of the public. The repeated disturbances and need for police intervention render the operation of Christie's Bar and Grill a nuisance. 14. Therefore, based on all the evidence in the record, including, but not limited to the testimony received at the duly noticed Planning Commission Public Hearing on January 20, 2005, the Planning Commission meeting of February 3, 2005, and the City Council meeting of April 13, 2005 the City Council hereby finds that there exists ample evidence in the record and staff reports to support the Planning Commission's decision to revoke UP 96-090 as the owner has violated numerous conditions of approval despite repeated warnings and that the continued operation of karaoke and live music at this site is detrimental to the public safety. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 27th day of April 2005 by the following vote: AYES: Councilmembers Richard A. Garbarino, Pedro Gonzalez and Karyl Matsumoto, Mayor Pro Tem Joseph A. Fernekes and Mayor Raymond L. Green NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: