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Home My WebLink AboutAGENDA REPORT 1998 1118 CC REG ITEM 10CTo From: Date: AGENDA REPORT City of Moorpark The Honorable City Council ITEM - eco a '7 Fr7 CITY OF MOORPARK, CALIFORNIA City Council Meeting of !I - I� 0 �� ACTION: ALILc[Pd (�r;C N •�j�°�C�� -- �`7 L�tti'te►�CI('Cd BY: `3 Nelson Miller, Director of Community Developmenopi Prepared by Stephen Kearns, Planning Intern November 6, 1998 (CC meeting of 11/18/98) Subject: Consider Approval of Minor Modification No. 1 to Planned Development Permit No. 951 for a Proposed Outside Seating Patio and Temporary Seating to be Used for Dining at the Northeast Corner of Los Angeles and Moorpark Avenues (50 Moorpark Avenue, Subcontractor Restaurant, Ken Chandler). Minor Modification No. 1 to Planned Development Permit No. 951 is for the construction of a raised patio with temporary seating to be used for outside dining at the Subcontractor Restaurant at 50 Moorpark Avenue. Additional proposed improvements include the addition of an awning on the east elevation and an enclosure around the dining area. Staff has recommended conditions and improvements to mitigate potential impacts. BACKGROUND On September 1, 1981, the County of Ventura approved Planned Development Number 951 for a one story office building at the northeast corner of Moorpark and Los Angeles Avenues. On July 2, 1998, a Zoning Clearance was issued for tenant improvements and site improvements for the Subcontractor Restaurant. On October 6, 1998, approval of an Administrative Permit to allow on -site alcoholic beverage sales in conjunction with the Subcontractor Restaurant was approved. On October 5, 1998, the applicant submitted a request for a Minor Modification to allow outdoor seating to be located on a raised patio (19 inches above ground level) on the east side of an existing commercial building and to install an awning on the east elevation. C: \PD 951(subcontractor).doc 0003217 Minor Modification No. 1 to Planned Development No. 951 (Subcontractor) City Council Meeting of November 18, 1998 Page - 2 - PROJECT SETTING Explanation of Zoning designations: C -1 = Neighborhood Commercial, C -2 = General Commercial, CPD = Commercial Planned Development, R -2 = Two - Family Residential. General Plan Designations are: C -1 = Neighborhood Commercial, VH = Very High (15 dwelling units /acre), C -2 = General Commercial, C -1 = Neighborhood Commercial. Specific Plan Designations are: R -2 = Two - Family Residential, CPD = Commercial Planned Development, C -O = Office. PROJECT DESCRIPTION This Minor Modification request is for the construction of the following site improvements: 1) The addition of a 331 square foot raised concrete patio and enclosure with temporary seating for outdoor dining. The patio is proposed to be located adjacent to the east side of the building, in an existing unused portion of the site which is currently a ground level patio and contains no shrubs or landscaping. The patio is proposed to be raised nineteen (19) inches above the finished grade to be consistent with the existing floor level of the building. The patio is proposed to contain 4 tables to accommodate 16 seats and be partially enclosed by four - foot (4') tall plexi -glas panels joined by black steel posts. There are no doors proposed to restrict access to the patio as the applicant proposes to maintain open access on the south (steps) and C: \PD 951(subcontractor).doc 0 00 "28 Specific Plan - Direction Zoning General Plan Downtown Zoning Current Land Use Site C -1 C -1 CPD Professional Offices and Subcontractor Restaurant North C -1 C -1 C -O Single Family Residence South C -1 C -1 CPD Vacant Lot and Los Angeles Ave. East R -2 VH R -2 Single Family Residence West CPD C -2 Not Within Commercial Center Downtown (Town Center) Boundary Explanation of Zoning designations: C -1 = Neighborhood Commercial, C -2 = General Commercial, CPD = Commercial Planned Development, R -2 = Two - Family Residential. General Plan Designations are: C -1 = Neighborhood Commercial, VH = Very High (15 dwelling units /acre), C -2 = General Commercial, C -1 = Neighborhood Commercial. Specific Plan Designations are: R -2 = Two - Family Residential, CPD = Commercial Planned Development, C -O = Office. PROJECT DESCRIPTION This Minor Modification request is for the construction of the following site improvements: 1) The addition of a 331 square foot raised concrete patio and enclosure with temporary seating for outdoor dining. The patio is proposed to be located adjacent to the east side of the building, in an existing unused portion of the site which is currently a ground level patio and contains no shrubs or landscaping. The patio is proposed to be raised nineteen (19) inches above the finished grade to be consistent with the existing floor level of the building. The patio is proposed to contain 4 tables to accommodate 16 seats and be partially enclosed by four - foot (4') tall plexi -glas panels joined by black steel posts. There are no doors proposed to restrict access to the patio as the applicant proposes to maintain open access on the south (steps) and C: \PD 951(subcontractor).doc 0 00 "28 Minor Modification No. 1 to Planned Development No. 951 (Subcontractor) City Council Meeting of November 18, 1998 Page - 3 - north (handicap ramp) portions of the patio (ATTACHMENT 2) . The only construction changes contemplated in this area are a new concrete patio floor and the addition of the limited enclosure around a portion of the proposed dining area as described below. 2) Addition of an awning on the east elevation. An awning is proposed on the east elevation which would be twenty - three and a half (23.5) feet long, four (4) feet tall, and have a projection of two and a half (2.5) feet. The proposed awning is to consist of red vinyl fabric; no lettering, symbols, or designs are proposed. DISCUSSION Due to the nature of this request and related policy issues concerning the establishment of temporary outdoor seating, its location immediately adjacent to the Los Angeles Avenue right -of- way, and location within 100 feet of a Residential zone, this item has been referred to the City Council for review and determination. Parking The site, which includes an office use as well as the proposed restaurant, is conditioned to provide eight (8) parking spaces as established by the criteria in the Municipal Code for restaurant and office uses (Section 17.32.010). This calculation is based on one (1) space per one - hundred (100) square feet of gross floor area for the restaurant use and one (1) space per three hundred (300) square feet of gross floor area for the office use, which is subsequently divided in half due to its location in the Downtown District (Section 17.32.025) . The site currently has eight (8) parking spaces available which is the minimum for the uses identified. Outdoor Seating - Patio Area One issue of concern is the proposed establishment of an outside eating area. The Code currently addresses temporary outdoor seating only whereas permanent outdoor seating involves an interpretation of the Zoning Ordinance. Previously, outdoor seating has been approved with several Minor Modifications, including Lalo's C: \PD 951(subcontractor).doc G00Q02a Minor Modification No. 1 to Planned Development No. 951 (Subcontractor) City Council Meeting of November 18, 1998 Page - 4 - restaurant in the Moorpark Plaza, the Coffee Grinder restaurant in the Town Center, La Gloria Market and the Secret Garden Restaurant in the Downtown District, and Starbuck's Coffee. The applicant has indicated that the patio area will be used solely for dining purposes during regular business hours and will not be used for any outdoor activities. As mentioned above, staff has calculated the parking requirements based on the square footage of the restaurant and office use. The addition of the patio dining area based upon past similar requests approved by City Council and current code provisions is calculated by using the criteria established for temporary outdoor seating [Section 17.32.010 (HH)], which would allow for the outdoor seating to be half of the indoor seating without a requirement for additional parking. The indoor dining area is proposed to have thirty -two (32) seats, which, based upon code provisions, would allow a total of sixteen (16) temporary outdoor seats without additional parking. Patio Enclosure - Design (ATTACHMENT 2) A four (4) foot high plexi -glas enclosure is proposed to be placed along the eastern edge of the raised patio for a distance of twenty -four feet six inches (24' -06 ") from the corner near Los Angeles Avenue. These plexi -glas panels will also be placed along the north boundary of the patio for a distance of five (5) feet from the edge near the parking lot and a distance of seven (7) feet west from the parking lot on the southern portion, parallel with Los Angeles Avenue. The southern portion of the plexi -glas is to end at the easterly edge of existing steps, allowing access to the restaurant and the patio. The northerly portion is proposed to end at the easterly edge of a handicap ramp. The enclosure will consist of three (3) 8 -foot long panels on the east side of the patio and will be adjoined by one and three quarter (1.75) inch wide black steel posts. The plexi -glas panels are proposed to be attached to steel posts without framing around each panel. The exposed portions of the raised concrete should incorporate a decorative trim around the patio deck sides to complement the site, such as red brick caps to match the existing walk -way and existing wall caps. Since it is the applicant's intent to serve alcohol and have outdoor dining within one hundred (100) feet of a residential zone, staff would recommend that the patio area be completely enclosed C: \PD 951(subcontractor).doc (JOCtL tdo Minor Modification No. 1 to Planned Development No. 951 (Subcontractor) City Council Meeting of November 18, 1998 Page - 5 - with six (6) foot tall panels to minimize noise levels and assist in controlling alcoholic beverages from being taken off -site. Additionally, staff would recommend that the applicant submit a revised plan for the enclosure, which would include a completely enclosed patio area, as well as an alternate location for the access located on the south portion of the patio area, adjacent to the proposed steps. Elimination of this southerly (steps) access point is recommended since there is a privately owned parcel of land between the subject site and Los Angeles Avenue which would be used as access if this entrance (steps) were retained. Patio Furniture The applicant proposes to position four (4) tables on the patio deck. Each table is proposed to be three (3) feet in diameter and approximately thirty (30) inches tall and will not be affixed to the patio deck. The tables and chairs are to be made of plastic and be green in color. Each table is proposed to have an umbrella which is to be affixed to a seven (7) foot tall pole that extends from the patio deck through the center of the table. The umbrellas are proposed to be five (5) feet in diameter, red in color, and contain no lettering, symbols, or designs. CONCLUSION Since it is the applicant's intent to serve alcohol and have outdoor dining within one hundred (100) feet of a residential zone, staff would recommend that the patio area be completely enclosed with six (6) foot tall plexi -glas panels to minimize noise levels and assist in controlling alcoholic beverages being taking off - site. Staff would also recommend that doors be provided on the north and south sides of the patio where the stairs and the handicap access are to allow access but also serve as a continuum of the enclosure. A revised plan to include these modifications should be submitted prior to issuance of any permits for the proposed enclosure. A condition has been included that no amplified sounds (of any type) shall be allowed on the patio. The conditions of approval for this request, included in the attached Resolution, are similar to the conditions of approval adopted for the Coffee Grinder and Secret Garden restaurant's request for a similar use. C: \PD 951(subcontractor).doc U00; a3, 1 Minor Modification No. 1 to Planned Development No. 951 (Subcontractor) City Council Meeting of November 18, 1998 Page - 6 - ENVIRONMENTAL DETERMINATION This project is Categorically Exempt from CEQA requirements as a Class 3 exemption, for the construction of an accessory structure. RECOMMENDATION Adopt Resolution No. 98- approving Minor Modification No. 1 to Planned Development Permit No. 951. Attachments: 1) 2) 3) 4) 5) 6) Site Plan Patio Deck and Enclosure Location Map Zoning Map General Plan Map Resolution of Approval C: \PD 951(subcontractor).doc (1003 -32. AREA OF IMPROVEMENT w 4 d J \1P ,3 ATTACHMENT 1 MOORPARK AVE, lcy- i 000a3a C of work: Tenant improvements to an existing co ,cf'Glal building for the use as a sandwich shop. Parking area will be rcpavcd and restrlpped, mechanical and electrical work will be provided to adapt the space for the kitchen and relocation of the HVAC, a raised patio In the rear will be provided with a handicapped ramp Integrated Into the de6ign, The space will be made handicapped arcessiblle per Title 24 and local {,odes. Tabulation Zoned+ C-1. "Sting PD95 1, Downtown area Address SO Moorpark Moorpark. Ca. Owner, Ken Chandler 2441 College Street slml Valky,C& 4115065 FK 605 -521 -2066 O"Wancw B Total Occupant Load, 46.66 occupants Building uses< Mixed use - Existing professional offices and Total Building, proposed Sandwich Shop, Arts of Proposed sandwich Shop. 15566t, Lot @J. 6250sf. R.equlred Parkings a parking space s(inciudes 1 Krj Land Provided king, a parking apaces(lncludes 1 Kr Parking LoG Requlred -4066) Provided -4 5 6 s.f11 1.2%) Others Requlre6.42Os.f Provldcd -1 Z 5 j s,f190%) NOTES 1 Existlnq professional office 2 Proposed Sandwich shop 5 Existing sign 4 Propoerty line 5 Existing trees 6 Exlating condensing unit Z Landacaped area b New ramp 9 New raised patio with ralling!s 10 Existing 6arage 1 1 New paved parking area 12 Existing gas meter 15 Alley 14 Renovated steps up to patio 15 Typical 9'x20' parking stall 16 1'1 Handicapped parking 9'x2O'.van loading area &'x20' 16 Existing wood fence 19 Enclosed trash area w/ doors 20 Exlating concrete 21 Eadsting block wall 01®03 •1 Existing Professional Offices • 23' -06" IT - --,- r l 1 Existing Red Brick h� Walk -Way /' o f•1 b O N Scale L` 1�4� 4' -0" 5' -07" Red Awning Slider 4 seats per table Each Table 3' in Diameter 24' -06" Parking Lot N' 1 Subcontractor Restaurant 1 Landscaping 4 'c,- L/-15 5 �VcLoS vke Plexi-Glas 1,-7 " 12 P" cr-- p - 23 -- ---- Plexi-Glas Y:o ..24 Id P 15� 0 1047-/0 Plexi -Glas I fixll-7FC�111. - 4/ 6L45` Iri-V a4sa/ -G�-* cc WOW .TT Ell cc �� ' •�� .� . �lll'{l1f► �< /�j�se� gar: i �; ■��w +a fill=" . 111111!49►�Qi11lClllli 5 lose ■CIO ir�: r ■ R.t..s„!v Ai 1 •.. c s■cua■ ■I. . som 01111 1� � ■� : :�� •. `'0 ..1.1.11111_ ..,tac�cLCta�f: ins tt1■ ■ Y ■,lam ■ ,! • • !/ �1 ■,i ■ tt�.�■ � �� ■l,1,,,1,71SIZ■ r. t■t: �:�::: �q A q IIItltltµ 1�1 11 : _ �■ Wift Iiietlauu11u1 = �J a.:tltlttltt11111tti;- . ■ ,. EK N �� " IIt1111t11ttltttl;: I' M ry ■U t'=�u•s•I�yIC !!� u1• ":16 ■ W, 1■ r..., . ■. IS • _ __ Ili ��►��IIII�/I L AV OY, CHOO i =1 Mi i'w I . . . . . . . . . . . . . . 4 long Moll milli ■1111 goolon losses • PM" i =1 Mi i'w I . . . . . . . . . . . . . . 4 long Moll milli ■1111 goolon losses RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO PLANNED DEVELOPMENT PERMIT 951 ON THE APPLICATION OF KENNETH CHANDLER FOR AN OUTSIDE SEATING AREA WITH AN ENCLOSURE TO BE USED FOR OUTSIDE DINING AT THE SUBCONTRACTOR RESTAURANT, 50 MOORPARK AVENUE (APN 512- 0 -111- 320) . WHEREAS, on October 5, 1998, the applicant applied for Minor Modification No. 1 to Planned Development Permit No. 951; and WHEREAS, the Director of Community Development referred the matter to the City Council on November 18, 1998; and WHEREAS, at its meeting of November 18, 1998, the City Council considered the application filed by Kenneth Chandler, requesting approval of Minor Modification No. 1 to Planned Development No. 951; and WHEREAS, at its meeting of November 18, 1998, the City Council, after review and consideration of the information contained in the staff report dated November 6, 1998, reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon information in the Staff Report and accompanying information and information from the public testimony, the City Council finds that: a. The project is Categorically Exempt from CEQA requirements as a Class 3 exemption, construction of an accessory structure; b. The proposed project, as conditioned, would not have a substantial adverse impact on surrounding properties; C. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City's Municipal Code; 0 ®�� -io ATTACHMENT 6 Skearns \M \RES0- PD951mmNo.1.doc Minor Modification No. 1 to Planned Development No. 951 Resolution City Council Meeting of November 18, 1998 Page - 2 - d. The Minor Modification is compatible with the character of surrounding development; e. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; f. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and Section 2. The City Council conditionally approves Minor Modification No. 1 to Planned Development No. 951 for: 1) The addition of a 331 square foot raised concrete patio and enclosure for outdoor dining with sixteen (16) seats. 2) Installation of a twenty -three and a half (23.5) foot long vinyl awning with a projection of two and a half (2.5) feet on the east elevation of an existing commercial building. SECTION 3. Approval of Minor Modification No. 1 to Planned Development No. 951 is hereby approved subject to the following conditions: 1. The permit is granted for the land and project as shown on the submitted plot plan, elevations, floor plans, and other exhibits displayed at the City Council meeting on November 18, 1998. The location and design of all site improvements shall be as shown on the plans, except or unless otherwise indicated herein. 2. The outdoor dining area is limited to use during normal business hours (10:00 a.m. and 8:00 p.m.) , and shall be limited to a maximum of 16 people. Skearns \M \RESO- PD951mmNo . l . docOOO;24:, Minor Modification No. 1 to Planned Development No. 951 Resolution City Council Meeting of November 18, 1998 Page - 3 - 3. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the outdoor patio and enclosure. 4. All facilities and uses other than those specifically approved, are prohibited unless a modification application has been approved by the City of Moorpark. 5. All planters must be encompassed by a six (6) inch high concrete curb. 6. Prior to issuance of a Zoning Clearance for construction, a landscaping and irrigation plan shall be submitted to the Director of Community Development for review and approval. 7. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 8. Applicant shall meet all permit requirements of the Building and Safety Department. 9. Applicant shall re -pave and re- stripe the parking lot consistent with the requirements of Zoning Clearance No. 98 -145. 10. Parking shall occur in designated parking spaces only. 11. Applicant and the successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 12. A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off - site signs are permitted. 13. Signs, including window signs, are not permitted on any portion of the enclosure. Skearns \M \RES0- PD951mmNo.1.doc ( M2112 Minor Modification No. 1 to Planned Development No. 951 Resolution City Council Meeting of November 18, 1998 Page - 4 - 14. The Director of Community Development Department may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 15. Prior to the Issuance of a Zoning Clearance for Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. 16. Prior to issuance of a Zoning Clearance for construction the applicant shall submit new plans which include the modifications to the patio enclosure to provide a minimum height of six (6) feet above the patio deck and to fully enclose the deck with doors at the openings as recommended by staff and is subject to approval by the Director of Community Development. 17. The south entrance (steps) shall be removed and an alternate access shall be provided on the east portion of the deck (adjacent to the parking lot) . This access must contain a door as stipulated in condition No. 16. 18. The lighting in the parking lot shall be adequate to make discernible the appearance and conduct of all persons in the parking area and sidewalk. 19. The exposed portions at the base of the raised patio shall incorporate either stucco with red brick capping or shall consist of solely red brick caps. Additionally, the enclosure panels shall incorporate a decorative trim on top of each enclosure panel. 20. All lighting shall comply with Section 17.24.090 F of the Zoning Code. Skearns \M \RES0- PD951mmNo.1.doc Minor Modification No. 1 to Planned Development No. 951 Resolution City Council Meeting of November 18, 1998 Page -5- 21. Food shall be available during all business hours that alcoholic beverages are available for sale. 22. Applicant must provide the Director of Community Development with a copy of the Alcoholic Beverage Control (ABC) approval and conditions prior to the sale of any alcoholic beverages. 23. Trash container must be screened by an architecturally integrated reinforced concrete or masonry walls with a minimum height of five (5) feet and shall be secured by means of metal gates. 24. No amplified sounds (of any type) shall be allowed on the patio. 25. The removal of indoor seating or addition of outdoor seating beyond that approved in this modification and as shown in the approved site plan will require an additional permit. 26. A Zoning Clearance is required for occupancy. 27. All Conditions of Approval for Planned Development No. 951 apply to this project, except as modified by this Minor Modification No.l SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF NOVEMBER, 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000344 Skearns \M \RES0- PD951mmNo.1.doc