HomeMy WebLinkAboutReso 89-1996 RESOLUTION NO. 89-96
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING MODIFICATION OF
THE CONDITIONS OF UP-93-949 PURSUANT TO
SECTION 20.91 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE REGARDING 151 SOUTH SPRUCE
AVENUE
WHEREAS, the City of South San Francisco Planning Commission
held a duly noticed evidentiary hearing on May 2, 1996 and
recommended that the City of South San Francisco City Council
approve modifications of the conditions of UP-93-949 contained in
Exhibit "A"; and
WHEREAS, the City Council finds that new conditions or
modifications are warranted based upon the following rationale:
The findings of the study indicate that the
restaurant at 151 South Spruce Avenue with an
accessory use of a bar with dancing, has been
conducted in a manner which is detrimental to the
public health and safety and considered to be a
nuisance.
Two incidents have been reported to the South San
Francisco Police Department involving juveniles'
consumption of alcohol and fighting which has
occurred at this restaurant.
It is suggested that new conditions or modification of
existing conditions might mitigate these problems.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of South San Francisco that modification of the conditions of UP-
93-949, as set forth in Exhibit "A", is hereby approved.
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 22nd day of May ,
1996 by the following vote:
AYES:
Councilmembers Joseph A. Fernekes, Euqene R. Mullin, John R.
Penna, Robert Yee and Mayor Jack Draqo
NOES: None
ABSTAIN: None
ABSENT: None
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2
RESOLUTION NO. 89-96
Exhibit 'A'
UP-93-949/Mod 1 and V-93-321 per Resolution No. 2487 of the Planning Commission of the City of South
San Francisco recommending that the South San Francisco City Council modify the conditions of UP-93-
949 pursuant to Section 20.91 of the South San Francisco Municipal Code. E1 Meson del Mariachi, 151
South Spruce Avenue, Roberto Sanchez, applicant and Harry Simotas, owner
Modification of the Police Department's Memo dated April 10, 1996
As amended by the Planning Commission May 2, 1996
As approved and amended by the City Council May 22, 1996
Anytime there is dancing occurring on site, formal or spontaneous, no persons under the age of 21
years old shall be allowed anywhere on site or in parking areas being utilized for this business.
Anytime there is dancing occurring on site, formal or spontaneous, three uniformed security guards
meeting the registration requirements of chapter 6.62 M.C. shall be on duty. One guard shall be
deployed to continuously patrol the exterior of the business and any parking areas being utilized in
connection with the business. The Police Department reserves the right to decrease or increase the
number of guards in the future based on positive or negative experience on site, without the
necessity of public hearing.
The city shall have the authority to inspect the premises and records of the permittee(s) at any
reasonable time to ensure that the business is being conducted according to the requirements of the
permittee(s) A.B.C. license; type 47 on-sale general eating place premises must have the restaurant
function as the primary business with over 50% of revenue derived from food sales.
No media or other form of promotional activities in the judgement of the Police Department that
encourage minors under 21 years of age to frequent the business shall be allowed.
All parking areas utilized by the business and grounds contiguous to the site shall be posted with
appropriate signage to discourage trespassers, loitering, and consumption of alcoholic beverages.
Wording and sign locations shall be coordinated through the Police Department. Signs shall be
installed within 10 days after the City Council adoption of the revised conditions.
The Police Chief may immediately suspend the operation of this business pending a hearing on the
revocation of this use permit if the Chief finds that there have been violations of the use permit
conditions and or A.B.C. license, or there is a single significant violent crime or single significant
incident warranting multiple police units or multiple police jurisdiction response associated with the
operation of this use, which he determines is detrimental to the public health or safety. The
Planning Commission may consider voiding this condition, after January 1, 1998, and after
considering the Chief of Police's recommendation and receiving a report of the Police Department's
experience with the operations.
Management and security personnel shall continually monitor admission to the building and
occupancy and take appropriate action to assure that the occupancy load set by the Fire Marshall and
Building Division is not exceeded.
(Police Department Contact Person: Sgt. Ron Petrocchi 415-877-8927)