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HomeMy WebLinkAboutAGENDA REPORT 1999 0203 CC REG ITEM 10HAGENDA REPORT City of Moorpark ---Ii -,-A a, ITEM Q • • CITY OF MOnRPAR, CALIFORNIA City Council M1Ieeting of_ _ 3 - 9 ACTION: _ dL {'ec( l�esolc��'on No . �q- -(s(og To: The Honorable City Council From: Nelson Miller, Director of Community Developme Prepared by Stephen Kearns, Planning Technician Date: January 22, 1999 (CC meeting of 02/03/99) Subject: Consider Minor Modification No. 2 to Planned Development Permit No. 943 for a Detached Patio Enclosure With Indoor Seating to be used for Dining at the Secret Garden Restaurant at 255 East High Street (Robert Sofsky). SUMMARY Minor Modification No. 2 to Planned Development Permit No. 943 is for the construction of a 538 square foot detached patio enclosure with indoor seating to be used for dining at the Secret Garden Restaurant at 255 E. High Street. Staff has recommended conditions and improvements to mitigate potential impacts. BACKGROUND On May 13, 1981, the County of Ventura assigned Planned Development Permit Number 943 for a building alteration for the addition of an office. On April 16, 1997, a Zoning Clearance was approved for the occupancy of the "Secret Garden" restaurant. On September 17, 1997, the City Council approved Minor Modification No. 1 for an outside patio and seating area to be used for dining and for the creation of a 7,100 square foot landscaped area directly behind the patio and parking lot to be used for hosting special events. C: \PD 943(secretgarden).doc 000067 Minor Modification No. 2 to Planned Development No. 943 (Secret Garden) City Council Meeting of February 3, 1999 Page - 2 - PROJECT SETTING Explanation of Specific Plan Designations are: C -OT = Old Town Commercial, R -1 = Single Family Residential. General Plan Designations are: C -2 = General Commercial, M = Medium Density (4 dwelling units per acre maximum). PROJECT DESCRIPTION This Minor Modification request is for the construction of the following site improvements: 1) The addition of a 538 square foot detached patio enclosure with permanent seating for indoor dining in conjunction with the existing restaurant use. The proposed patio enclosure is to be located adjacent to the north side (rear) of the main building, on an existing concrete patio that is currently used for outdoor dining. The proposed enclosed area will be used for dining and will contain 6 tables to accommodate 24 seats replacing the existing outdoor dining area. The applicant has indicated that there will be no permanent air conditioning or heating equipment for the detached structure, however, portable systems will be placed in the enclosure for heating and cooling. The only construction change contemplated in this area is the addition of the enclosed structure on a portion of the existing concrete patio area as described below. If the C: \PD 943(secretgarden).doc 000068 Specific Plan - Direction Downtown Zoning General Plan Current Land Use Site C -OT C -2 Restaurant North R -1 M Single Family Dwelling South C -OT C -2 High Street and Jemco Plumbing East C -OT C -2 Single Family Dwelling West C -OT C -2 Vacant Building (Formerly Red River Restaurant) Explanation of Specific Plan Designations are: C -OT = Old Town Commercial, R -1 = Single Family Residential. General Plan Designations are: C -2 = General Commercial, M = Medium Density (4 dwelling units per acre maximum). PROJECT DESCRIPTION This Minor Modification request is for the construction of the following site improvements: 1) The addition of a 538 square foot detached patio enclosure with permanent seating for indoor dining in conjunction with the existing restaurant use. The proposed patio enclosure is to be located adjacent to the north side (rear) of the main building, on an existing concrete patio that is currently used for outdoor dining. The proposed enclosed area will be used for dining and will contain 6 tables to accommodate 24 seats replacing the existing outdoor dining area. The applicant has indicated that there will be no permanent air conditioning or heating equipment for the detached structure, however, portable systems will be placed in the enclosure for heating and cooling. The only construction change contemplated in this area is the addition of the enclosed structure on a portion of the existing concrete patio area as described below. If the C: \PD 943(secretgarden).doc 000068 Minor Modification No. 2 to Planned Development No. 943 (Secret Garden) City Council Meeting of February 3, 1999 Page - 3 - enclosure is approved, outdoor dining will be eliminated on the site. DISCUSSION Due to special circumstances /concerns and policy issues relating to parking and architectural consistency with the Downtown Specific Plan, this item has been referred to City Council for review and determination. Parking The site is currently conditioned to provide seventeen (17) parking spaces as established by the criteria in the Municipal Code for restaurant uses (Section 17.32.010). This calculation is based on one (1) space per one - hundred (100) square feet of gross floor area (3,371 square feet) which yields 34 parking spaces, which is subsequently divided in half (17 parking spaces) due to its location in the Downtown District (Section 17.32.025). The parking requirements for the existing uses were calculated by using the building square footage of 1,950 square feet and the existing outside dining area of 1,421 square feet to require seventeen (17) parking spaces. With the proposed modification, involving a reduction in the square footage for dining, the site would be required to provide thirteen (13) spaces. This is based on 1,950 square feet of existing building area, the removal of the 1,421 square foot outdoor dining area, which the applicant has indicated will no longer be used, and its proposed replacement with an enclosed patio of 538 square feet, for a total of 2,488 square feet to be used as restaurant. The site has seven (7) on -site parking spaces available with additional off -site parking currently being provided by the Jemco Plumbing site located on the south side of High Street (226 High Street), which is used by valet parking for the restaurant. Section 17.32.060(B) of the Municipal Code allows uses to utilize off - street parking on adjacent parcels if the following criteria can be met: B. Location. Off - street parking spaces shall be located on the same lot as the building or use that they are to serve. Off - street parking may be provided off -site if all of the following apply and if the decision - making authority allows it. C: \PD 943(secretgarden).doc 000069 Minor Modification No. 2 to Planned Development No. 943 (Secret Garden) City Council Meeting of February 3, 1999 Page - 4 - 1. Such off - street parking is located within five hundred (500) feet of the property to be served; and 2. The amount of off -site parking satisfies not more than fifty percent (50 %) of the parking requirements of the activity for which the parking is provided; and 3. The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this chapter; and 4. The parking lot is not located in a residential zone; and 5. The use benefiting from this off -site parking shall cease when the off -site parking is no longer available. In this case, the Secret Garden Restaurant would meet the intent of criteria established in Section 17.32.060(B) of the Municipal Code. However, some concerns have been expressed regarding the current location (Jemco Plumbing) relating to lease agreements with the Moorpark Redevelopment Agency and the Metrolink Parking Lot has been offered as an alternate location. Both of these locations are within 500 feet of the restaurant site. Due to related issues concerning the current location of off -site parking, staff has added a condition that the applicant shall enter into a lease agreement for off -site parking. This agreement would allow the applicant to have the total required parking spaces as required by Code. If the applicant is not able to meet the requirements for parking, Section 17.32.025 of the Municipal Code provides an alternative that allows the applicant to pay an in -lieu fee in order to reduce any portion of the parking spaces otherwise required to be provided on -site. The in -lieu fees are then to offset the cost required to construct public parking facilities in the Downtown Area. Patio Enclosure - Design (Attachment 2) As discussed below, the proposed elevations for the patio enclosure may not be consistent with the Downtown Specific Plan Design Guidelines for the Old Town Commercial Zone. The proposed enclosure C: \PD 943(secretgarden).doc 0000170 Minor Modification No. 2 to Planned Development No. 943 (Secret Garden) City Council Meeting of February 3, 1999 Page - 5 - will be twelve (12) feet tall and constructed of metal framing with glass panels around three (3) sides of the enclosure. The east elevation of the enclosure will consist of wood and two (2) windows. There will be two (2) doors and one (1) permanent opening, one door on the southeast corner of the enclosure and the other on the west elevation. The opening is to be located on the southwest corner of the enclosure and will serve as the customer entrance to this dining area. The roof will consist of aluminum and will be painted to match the existing building. The roof will have two (2) overhangs to offer coverage and provide a breezeway as follows: one overhang will be located on the south side of the enclosure, abutting the existing building, and the other will be located on the west side of the enclosure, abutting an existing walk -in cooler (Attachment 2). Some further modifications to design or elimination of breezeway between the enclosure and the main building may be required to comply with Fire and Building Code requirements. Downtown Specific Plan - Design Guidelines (Section 2.2.5) This proposal is within the Old Town Commercial Zone. This zone encourages architecture design representing Western Victorian or Early American Commercial Styles. A review of the Design Guidelines indicates that these styles include, but are not limited to, architectural elements such as: flat roofs with simple parapets, wood shingle roofing over arcades, awnings, natural wood colors used on facades and vertical siding, multi -paned windows, and use of compatible building materials. The design guidelines require that these architectural treatments be placed on all sides of the building that are readily visible to the public. Staff has added a condition that no roof equipment shall be permitted on the patio enclosure. C: \PD 943(secretgarden).doc 000071 Minor Modification No. 2 to Planned Development No. 943 (Secret Garden) City Council Meeting of February 3, 1999 Page - 6 - CONCLUSION Since the detached enclosure will be located to the rear of an existing commercial building, and will not be visible from any public right -of -way, it may qualify for an exemption from the Downtown Design Guidelines and could be approved as conditioned in the attached Resolution. 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. 99- approving Minor Modification No. 2 to Planned Development Permit No. 943. Attachments: 1) 2) 3) 4) 5) 6) Site Plan Patio Enclosure Design Location Map Downtown Specific Plan Zoning Map Downtown Specific Plan Land Use Map Resolution of Approval C: \PD 943(secretgarden).doc 0000'72 I a i f, I i I 0 Rv- 2' r ' i _0 1 C14 tour 1 JAL �T�t• I 1 ` i DOC ATTACHMENT 1 0000'73 0 - =�7 ,8. 4 0 I I VI E1 0 z z 0 U E-f E♦ 4 C-1 m Ti LL� 'D [Q L r �.n r (o_I - .aw.rw amwY.a R W c mss �ve�Ji/ vow YQ'H Ss-6 v�j ado »s ,hXZ� 'G Ff --:( G! r/ �/ d 7p „71 L o� L Lys 4r�1oo j , IS DLO/ v+ Sd�M ra V 0 0 if If If 11 -SP•7 7 s3X, P. it � scr7� 8XB L Lys 4r�1oo j , IS DLO/ v+ Sd�M ra V 0 0 CASEY RD 200 100 s Lo � 'Q� 9 v a C , CHARLES S ST EV ERETT ST to ONNI E � � � ?go W l MRPA 200 �O COM CTR II cy ■ �! si CHARLES LIB, c 3 N h 6 o 00T��, cj� I��F o pR�aY Co auga HIGH ST p RK IF METROL INK E LOS ANGELES AV M00 PAR UP RR RO [� NI �.��,,,,� AV „POI�IDEXTER,N AV �n3 _ _ STA MET C 0 Q q MID } �' 1ST DOROTHY AV FITCH 7 a Q ST s AV >' 1-3 �C 3 RUTH AV o fi DR s P, y A � _ POINDEXTER tz w 2ND m �. �, I „� „ati,,: ST,�,vu,N oM `r' =J v) p,,�,�� t ” � �V %�� PARK z a 200 AV , �N C� � � a SARAH AV FLINN CTS o � 3RD ST m v 200 s 300 LASS EN AV ? SUSAN AVM Z >- ROBERTS AV rvloo y CD . c� ESTHER AV. E -ST CC PO C o -� C'7► W 0 `L SHERMAN AV Hv AU s ■ ■ 200 NEW LO S$oo 100 300 X300 MO�RP K PLAZA UN I DOS AV ce § 6 wy o � m JAMES WEA , Q g; AV � IR = 6 MADE TIC � © p a. ESINA AV CT u- —' a w ARp y0 ° SEMI z,.... 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Industrial Park Legend (R - 1) Single Family Residential (R - 2) Two - Family Residential ® (RPD) Residential Planned Development, 7- 14units /acre ® (C - 0) Office ® (C - 1) Neighborhood Commercial ■ (C - OT) Old Town Commercial ® (C -2) General Commercial (CPD) Commercial Planned Development (1) Institutional Ej (M - 1) Industrial Park —,.ais Specific Plan Boundary Multi-Family ! r Residential - rr �..� Density bonus of up to 14du allowed with lot consolidation and replacement structures and '�• -I .' ill Los Angeles Avenue Specific Plan Zoning Map up to 20 du allowed upon meeting criteria for low /very low income or senior housing. Industrial Park Legend (R - 1) Single Family Residential (R - 2) Two - Family Residential ® (RPD) Residential Planned Development, 7- 14units /acre ® (C - 0) Office ® (C - 1) Neighborhood Commercial ■ (C - OT) Old Town Commercial ® (C -2) General Commercial (CPD) Commercial Planned Development (1) Institutional Ej (M - 1) Industrial Park —,.ais Specific Plan Boundary H z 1-3 Ln �1 r4 O oilti 11001" 011, 1■ ■1 an Win son non mum MEN Los Angeles Avenue Ll Fith A—. 4 -1 lif D rl L E? j d, r�.J V, Avenue Flinn Specific Plan Land Use Map Leaend El Medium Density Residential (4-6 du) High to Very High Density Residential (7-14 du) Very High Density Residential (15-20 du) Office Old Town Commercial Neighborhood Commercial General Commercial Light Industrial Public Institutional ■ Parks -- Specific Plan Boundary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 2 TO PLANNED DEVELOPMENT PERMIT 943 ON THE APPLICATION OF ROBERT SOFSKY FOR AN INDOOR SEATING AREA IN A DETACHED STRUCTURE TO BE USED FOR DINING AT THE SECRET GARDEN RESTAURANT, 255 EAST HIGH STREET (APN 512 -0- 093 -185). WHEREAS, on December 30, 1998, the applicant applied for Minor Modification No. 2 to Planned Development Permit No. 943; and WHEREAS, the Director of Community Development referred the matter to the City Council on February 3, 1999; and WHEREAS, at its meeting of February 3, 1999, the City Council considered the application filed by Robert Sofsky, requesting approval of Minor Modification No. 2 to Planned Development No. 943; and WHEREAS, at its meeting of February 3, 1999, the City Council, after review and consideration of the information contained in the staff report dated January 22, 1999, reached a decision on this matter. 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: 1. The project is Categorically Exempt from CEQA requirements as a Class 3 exemption, construction of an accessory structure; 2. The proposed project, as conditioned, would not have a substantial adverse impact on surrounding properties; 3. The Minor Modification is consistent with the intent and provisions of the City's General Plan, the Downtown Specific Plan, and of the City's Municipal Code; ATTACHMENT 6 000079 Skearns \M \RESO- PD943mmNo.2.doc Minor Modification No. 2 to Planned Development No. 943 Resolution City Council Meeting of February 3, 1999 Page - 2 - 4. The Minor Modification is compatible with the character of surrounding development; 5. The proposed Mino or harmful, or property or uses; 6. The Modification public interest, welfare. Minor for: r Modification would not be obnoxious impair the utility of neighboring and would not be detrimental to the health, safety, convenience, or SECTION 2. The City Council conditionally approves Modification No. 2 to Planned Development No. 943 The construction of a 538 square foot detached enclosed patio structure to be used for dining in conjunction with an existing restaurant use. SECTION 3. Approval of Minor Modification No. 2 to Planned Development No. 943 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 February 3, 1999. The location and design of all site improvements shall be as shown on the plans, except or unless otherwise indicated herein. 2. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the patio enclosure. 3. All facilities and uses other than those specifically approved, are prohibited unless a modification application has been approved by the City of Moorpark. 4. 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. 000080 \ \MOR PRI SERV \Home Folders \SKearns \M \RESO- PD943mmNo.2.doc Minor Modification No. 2 to Planned Development No. 943 Resolution City Council Meeting of February 3, 1999 Page - 3 - 5. Applicant shall meet all permit requirements of the Fire Prevention and Building and Safety Department. 6. The applicant shall make modifications required to walls or breezeway width to comply with Fire and Building Codes. 7. No roof mounted equipment shall be permitted on the roof of the patio enclosure. 8. Prior to the issuance of building permits, the applicant shall enter into an agreement for a minimum of six (6) parking spaces to be used for valet parking. This agreement shall comply with Code requirements for off -site parking and shall be submitted to the City for review and approval. 9. The patio structure may be used for dining only for the lifetime of the lease executed for valet parking. The expiration or termination of the lease shall automatically result in the termination of the approval to utilize the patio structure approved under this permit for dining or any other public assembly purpose. Should the lease for valet parking be terminated or expire a substitute location for valet parking may be requested through submission of a Zoning Clearance which, if approved prior to the end of the lease in effect at the time for valet parking, will allow continuation of the dining use in the patio structure. A minimum of three (3) off -site parking spaces at an approved location must be maintained at all times to allow the operation of the existing restaurant (1,950 sq.ft.) to continue in compliance with the parking provisions of the Municipal Code. 10. Parking shall be in designated parking spaces only. 11. Prior to issuance of a Zoning Clearance for construction, the applicant shall submit a revised site plan that includes the improvements as modified by this permit. 12. 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 \ \MOR_PRI_SERV \Home_ Folders \SKearns \M \RESO- PD943mmNo.2 U81 Minor Modification No. 2 to Planned Development No. 943 Resolution City Council Meeting of February 3, 1999 Page - 4 - graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 13. A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off - site signs are permitted. 14. The Director of the 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. All lighting shall comply with Section 17.24.090 F of the Zoning Code. 16. All Conditions of Approval for Planned Development No. 943 and Minor Modification No.l apply to this project, except as modified by this Minor Modification No.2 17. The permittee's acceptance of this permit and /or commencement of construction shall be deemed to be acceptance by the permittee of all conditions of this permit. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED THIS 3rd DAY OF FEBRUARY, 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk \ \MOR_PRI_SERV\ Home_ Folders \SKearns \M \RESO- PD943mmNo.2.doc ()MOR2