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Home My WebLink AboutAGENDA REPORT 1998 0218 CC REG ITEM 11NITEM 11,0 N CITY OF MOORPARK, CALIFORNIA City Council Meeting AGENDA REPORT of _ Fe . 6rll r" 18 1992— AC "1i:JN:- Aclv��'cd City of Moorpark BY. To: The Honorable City Council From: Nelson Miller, Director of Community Developme��' Prepared by Craig Malin, Assistant Planner�� Date: January 26, 1998 (CC meeting of 2/18/98) Subject: Consider Approval of Minor Modification No. 6 to Planned Development Permit No. 966 (Barcenas) for a proposed outside seating area at Lalo's Restaurant, located in the Moorpark Plaza shopping center at the southeast corner of New Los Angeles Avenue and Spring Road, 530 New Los Angeles Avenue # 109 (APN 512 -0 -150 -700). SUMMARY This request for a Minor Modification involves a proposal for the placement of permanent outdoor dining facilities involving two tables and 12 seats, located on an existing concrete walkway at the front entrance of this existing restaurant. This is the second request involving outdoor seating which if approved would authorize a total of four tables and 24 seats. The Zoning Ordinance currently does not address permanent outside dining areas, however, temporary facilities are addressed as a ratio of indoor seating. On January 7, 1998, the City Council requested the Planning Commission to study outdoor seating areas and related parking requirements, however, this study has not been completed. Previous Minor Modifications have been approved for permanent outdoor seating for six establishments, through the application of various conditions and the use of a 1:2 ratio of outdoor seats to indoor seating currently contained in the Zoning Ordinance as a standard for "temporary outdoor facilities ". As currently written, provisions of C: \OFFICE \CLAIG \LALO'S.SR () b1`4 PD 966 Minor Modification 6 Barcenas Page 2 the Zoning Ordinance allow temporary' outdoor seating without additional parking. BACKGROUND Planned Development Permit No. 966 was approved by the City Council on January 20, 1986 for the construction of a 55,280 sq.ft. commercial center. Minor Modification No. 4 was approved by the Director of Community Development on September 28, 1990 for two tables and 12 seats, which have been installed on the walkway in front of Lalo's Restaurant. SETTING Direction Zoning Site CPD (Commercial Planned Development) North CPD (Commercial Planned Development) West CPD (Commercial Planned Development) South SP 92 -1 (Specific Plan) East SP 92 -1 (Specific Plan) C: \OFFICE \CLAIG \LALO'S.SR General Plan Current Use C -2 (General Moorpark Plaza Commercial) C- 2(General Mc Donalds Commercial) Blockbuster C- 2(General Gateway Plaza Commercial) OS -2 (Open Space Carlsberg Specific 40 units per acre) Plan C -2 (General Undeveloped Commercial) Carlsberg Specific Plan F ,I C F PD 966 Minor Modification 6 Barcenas Page 3 DISCUSSION There have been at least six prior requests for permanent outdoor dining facilities reviewed and approved by the City Council. The basis for approval has been a combination of individual site specific criteria and the provisions currently existing in the Zoning Ordinance establishing criteria for `temporary dining facilities'. On January 7, 1998, the City Council requested the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to outside eating areas for restaurants and related parking. The Planning Commission has not yet considered this item to provide recommendations. Parking This 55,280 sq.ft. commercial center requires 271 parking spaces, 144 of the spaces for the restaurants and 137 spaces for the remainder of the stores. The center currently provides 274 parking spaces. Section 17.32.010.HH of the Municipal Code allows temporary outside dining at a rate of one outdoor seat for each two indoor seats without requiring any additional parking. Based upon the existing number of indoor seats (72), a maximum of 36 seats could be approved for outside placement based upon Code provisions. More than 36 outdoor seats would be considered an expansion of the restaurant requiring additional parking spaces. This proposed use does not exceed either the available number of parking spaces or the allowed number of outdoor seats. Although the minimum ratio of required parking for the uses in this commercial center continues to be met, there frequently is a shortage of available spaces during weekday lunch hours. The incorporation of outdoor seating which may increase restaurant patronage during favorable weather conditions could increase the demand for additional parking. Because this commercial site is fully developed, additional parking on site may not be achievable. At this time no surveys have been conducted, that reveal a trend in patronage based upon additional outdoor seating. C: \OFFICE \CLAIG \LALO'S.SR 0+u01L: 111�' PD 966 Minor Modification 6 Barcenas Page 4 Patio Area This application is for the placement of an additional two tables and 12 seats on the existing 25' - 30' wide concrete walkway at the front entrance to the restaurant, bringing the total to four tables and 24 seats. These tables will not block the walkway or building entrances. The chairs and tables are made of molded fiberglass, burnt orange in color matching the existing tables. Each table will have a dark green canvas umbrella. The tables will be permanently attached to the sidewalk. In order to separate the proposed seating area from the existing pedestrian access, it is suggested that a three foot tall decorative wrought iron fence be installed around the perimeter of the proposed dining area, except in areas where building access for Lalo's customers is provided. This proposed fence will define the limits of the seating and maintain the sidewalks for use by patrons of other businesses in the center. This proposal involves establishment of a `permanent' outside seating area which is not currently addressed by the Zoning Ordinance; only `temporary' outdoor seating is addressed in the Municipal Code. Previous decisions concerning permanent seating involved an interpretation of the Zoning Code to apply the 'temporary' standard to permanent seating requests. Outdoor seating on a permanent basis has been approved with a Minor Modification for the Coffee Grinder Restaurant, La Gloria Market, Lalo's Restaurant, Secret Garden Restaurant and Starbucks Coffee. Each of these applications has been limited to a 1:2 ratio of outdoor seats to indoor seats consistent with the Code provisions relating to 'temporary outside seating'. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. C: \OFFICE \CLAIG \LALO'S.SR PD 966 Minor Modification 6 Barcenas Page 5 RECOMMENDATION Adopt Resolution No. 98- _ approving Planned Development Permit No. 966 Minor Modification No. 6. Exhibits: 1) Resolution of approval 2) Site plan 3) Floor plan 4) Zoning and Location Map 5) General Plan Map CC: PD 966 Minor Mod No. 6 File Steve Kueny, City Manager C: \OFFICE \CLAIG \LALO'S.SR RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 6 TO PLANNED DEVELOPMENT PERMIT NO. 966 LOCATED AT 530 NEW LOS ANGELES AVENUE # 109 ON THE APPLICATION OF FIDEL BARCENAS FOR A PERMANENT OUTSIDE SEATING AREA (APN 512 -0- 150 -700). WHEREAS, on December 10, 1997, the applicant applied for Minor Modification No. 6 to Planned Development Permit No. 966 for a permanent outside seating at Lalo's Restaurant, located at 530 New Los Angeles Avenue # 109; and WHEREAS, The project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of a private structure; and WHEREAS, the Director of Community Development recommended conditional approval of the application to the City Council in the staff report dated January 26, 1998; and WHEREAS, at its meeting of February 18, 1998, the City Council considered the application filed by Fidel Barcenas, requesting approval of Minor Modification No. 6 to PD 966 to establish permanent outside seating at the Lalo's Restaurant located at 530 New Los Angeles Avenue # 109; and WHEREAS, at its meeting of February 18, 1998, the City Council after review and consideration of the information contained in the staff report dated January 26, 1998, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Relating to the standards specified in Section 17.44.030.A.2 of the Moorpark Municipal Code, the City Council hereby finds that: C: \OFFICE \CLAIG \LALO'S.SR EXHIBIT 1 t u C3 Reso 98- Fidel Barcenas Page 2 a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the Zoning Ordinance in that the addition of permanent outside seating has been determined to be acceptable when in conformance with existing ordinance provisions relating to temporary outdoor seating; b. The Minor Modification is compatible with the character of surrounding development in that the location includes a mix of commercial services and uses including restaurants that provide services to the community residents and visitors; C. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that no walkways, store entrances, driveways or parking spaces will be impacted through approval of this permit; d. The Modification would not be detrimental to the public interest, health, safety, convenience or welfare since restaurants are a permitted use within Commercial Planned Development zones; e. The proposed Modification is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character in that the location, design and appearance of the tables will complement the design and color of the existing building. SECTION 2. The City Council conditionally approves Minor Modification No. 6 to PD No. 966 for a proposed outside seating area at 530 New Los Angeles Avenue # 109. SECTION 3. Approval of Minor Modification No. 6 to PD No. 966 is hereby approved subject to the following conditions: C: \OFFICE \CLAIG \LALO'S.SR Resolution No. 98- Fidel Barcenas Page 4 1) No on -site consumption of alcoholic beverages other that the previously approved beer and wine shall be allowed without approval of an additional permit from the City of Moorpark and the State Alcoholic Beverage Control Board. Any consumption of alcoholic beverages in the outdoor seating area shall comply with all requirements of the Alcoholic Beverage Control Board. 2) The number of seats shall not exceed one seat for each two seats inside the restaurant (seating limited to a maximum of 36 seats) unless the applicant provides additional parking at the rate of one space for every three seats and files for a modification to the Permit, or a code amendment is approved. 3) Applicant shall install a three foot tall decorative wrought iron fence around the perimeter of the seating area within one month of installation of the tables, except in areas where building access for Lalo's customers is provided. Approval of a Zoning Clearance is required prior to installation of the tables and wrought iron fence. The fence is intended to control access to the areas where food and beverages are consumed and to prevent encroachment on the required walkway and access areas. 4) No additional lighting shall be allowed without approval of an additional permit. All lighting shall comply with Section 17.24.090 F and 17.36.040 of the Zoning Code. 5) No amplified sounds shall be allowed for the outside seating area. C: \OFFICE \CLAIG \LALO'S.SR Resolution No. 98- Fidel Barcenas Page 4 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS _ DAY OF FEBRUARY, 1998. Patrick Hunter, Mayor ATTEST Deborah S. 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