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Home My WebLink AboutAGENDA REPORT 1989 0419 CC REG ITEM 09BELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK M- E --- Tf_.0 .R _A N D_ U M STEM C1.39 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police T0: The Honorable City Council L FROM: Patrick Richards, Director of Community Development DATE: April 11, 1.989 (CC Meeting of 4- 19 -89) SUB;IECT: APPEAL NO. AP -89 -02 FILED BY MASH ASSOCiATF.S (PD -966 Minor Modification No. 3) t3 ackground On March 20, 1989, Mash Associates filed an application requesting a Minor Modification to Commercial Planned Development Permit No. PD -966 to allow the sale of alcoholic beverages in a proposed restaurant and in existing restaurants in the Mash Commercial Center located southeast of the intersection of Los Angeles Avenue and Spring Road. On March 23, 1989, staff. sent a response to the applicant i.dent.ifying that a. Minor. Modification could be approved to allow the sale of beer and wine in existing restaurants (Lamppost Pizza and halo's Restaurant); lhowever, staff determined that the new restaurant to be located at: the east side of the center would require a Major Modification ��cause a separate fixed bar area is proposed (refer to attached exhibits). Staff's letter dated March 23 also identified that the Director of Community Development would not approve a roof height greater than 20 feet for the new restaurant. Discussi.o . The applicant is appealing thc� Commsut -* ty D >_ve I opmont. Director' s determination that a Major. Modification -f PD -966 is required to allow the separate bar. area :in the new restaurant. The applicant is also appealing the Director's administrative det:er.minat. ion that. I.hci proposed roof height for the new restaurant should not excn.ed 20 feet. In regard to the separate bar area in tho now restaurant, it is staff's opinion that a Major Modification approval ciboiilri be .required to allow adequate notice to the public; and to alloy, apeuc.i.es such as the Police Department to propose any additional r.ondi.t.ions; of approval that may be required to ensure that no problems will result. from the operation of the separate bar area. Also, if a Major Modificatlori is required, the Council would be able to impose additional corgi i t i :)ns. o F approval which regulate. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 the design of the proposed restaurant as well as conditions which regulate the design of the existing commercial canter. structures. For example, staff would recommend that a sign program be required to ensure that any future signs proposed for the commercial canter be of a consistent size, color, and lettering style. As stated previously, Mash Associates is also appealing the Director's administrative determination regarding the roof height of the new restaurant. It is staff's opinion that the maximum roof height should be 20 feet. The applicant has requested a 25-foot height. It is staff's opinion that a 20 -foot height is more consistent with the overall size (floor area) of the restaurant (refer to Exhibit 1). Recommendation Deny the appeal. Exhibits: 1. Site Plan and Elevations 2. Floor Plan 3. Appeal Letter from Mash Associates dated 3 -27 -89 4. City's Denial Letter dated 3 -23 -89 5. Mash Associates Letter dated 3 -20 -89 -AOORPARK, CALIFORNIA amity Council Meeting .3f /j - /9 198 9 ACTIOtON: / ut.I 71,A n:. it N CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 AP- 2�q -oZ 3 - RECEIVED - MAR 2 7 1989 CITY OF MOORPARK APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION To: X City Council _ Planning Commission I hereby appeal the decision of the March 23 , 19 89. Date: March 27, 1989 Community Development Department which was given on The decision was as follows: To deny the construction of a restaurant with a fixed bar and to restrict the height of the roof over the restaurant to 20 feet. The grounds of appeal are: (attach additional sheets as needed) See Attached Page I request that the appropriate decision - making body take the following action: Uphold Our Appeal Name of Appellant: Mash Associates Address of Appellant: 530 New Los Angeles Ave., # 2 -G, Ca. 93021 Telephone Number of Appellant: (805 ) 523 -7160 Is the appellant a party in the application? -yes If not, state basis for filing appeal as an "aggrieved person ". Signature of Appellant: ✓� !i' Date: �—r3 APPEAMDDFORMS EXH I BIT -3-- RECEI PT Z/ Appeal and deposit fee of: 300 Received at H 1 55 .m., on marcl, 27 IF 19 E;q By: Community Development Department Signed: Title: APPEAL PERIODS a. Appeals of all entitlements, permits and administrative decisions shall be filed within 15 calendar days following the date of approval, conditional approval, denial or date of the alleged error. (Section 8111.2)*** b. An appeal of a Planning Commission decision shall be filed within 15 calendar days following the date a decision was rendered. c. An appeal of an environmental decision shall be filed within 15 working days following the date a decision was rendered. *** If the and of an appeal period falls upon a weekend or holiday, the appeal must be filed by 5:00 p.m. on the first working day thereafter. 0 APPEAL /CDDFORMS Mash Associates 530 New Los Angeles Ave., Suite 2G Moorpark, Ca. 93021 805 - 523 -7160 Reference: Mash Associates Appeal dated March 27, 1989 The property that the restaurant is proposed for is zoned commer- cial and is on a major thoroughfare /highway. There are not any schools or churches located within 600' of the property. Addi- tionally, the closest residential property tenants (an apartment complex) to the proposed restaurant, which is approximately 300' away, have been notified of pending alcoholic beverage sales, none of those residents objected. It is Mash Associates intention to construct a first -class rest- aurant. Most restaurants of this type have a bar and serve alcoholic beverages. Mash Associates feels that taking all of the above factors into account, the proposed use is consistent and compatible with our Planned Development Permit. There are several reasons why Mash Associates feels that a 25' height for the roof is appropriate. One, the proposed use is for a first -class restaurant. We want the building design to distinguish itself from a fast -food restaurant or other non- descript building. Secondly, the height proposed is consistent II with Santa Barbara Savings in that its only 1 foot taller from li slab to the top of the roof. Third, it must be considered that I the building pad for the restaurant is approximately 5' below 'i the grade of Los Angeles Ave. Thus, from the vantage of a person driving down Los Angeles Ave. the restaurant, at 25' high, would appear lower than the Santa Barbara Savings build - ing. ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK March 23, 1989 John Mays Mash Associates. 530 New Los Angeles Ave., Suite 213 Moorpark, CA 93021 Dear Mr. Mays: SUBJECT: MINOR MODIFICATION REQUEST FOR PD -966 DATED MARCH 20, 1989 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Your request for a Minor Modification to allow the construction of a fixed bar and the sale of beer, wine, and alcoholic beverages in a proposed restaurant to be located on the eastern end of the Mash Center has been denied. A restaurant with a separate bar area was not requested or discussed at the time the Planned Development Permit was approved. Therefore, a Major Modification approval is considered necessary to allow that use. The Director of Community Development has also made an administrative determination that the proposed roof height for the new restaurant is too high. fie is recommending that the maximum roof height be 20 feet. If you intend to appeal the Director's decision to deny your request for a Minor Modification to allow the construction of a bar and the sale of alcoholic beverages in your new restaurant, and his decision to require a maximum building height of 20 feet, you will need to file an appeal request within 15 days from the date of this letter. We would then schedule this matter before the City Council. Your letter dated March 20, 1989, also requested a Minor Modification approval to allow the sale of beer and wine in three businesses presently in operation. In regard to the Lamppost Pizza Restaurant and Lalo's EXHIBIT_ 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 i Restaurant, we do not see any problem with approving a Minor Modification to allow the sale of beer and wine. The Seven Eleven store does not require a Minor Modification approval. Please notify us whether you want to proceed separately with the approval of a Minor Modification for the sale of beer and wine for Lamppost Pizza and Lalo's Restaurant. If you have any questions, feel free to contact me at (805) 529 -6864. Sincerely, Deborah S. Traffenstedt Associate Planner cc: Patrick Richards, Director of Community Development Steve Kueny, City Manager Mash Associates 530 New Los Angeles Ave., Suite 2G Moorpark, Ca. 93021 805 - 523 -7160 March 20, 1989 City of Moorpark Moorpark, Ca. 93021 Attn: Pat Richards Director of Planning Re: Minor Modification to Pd 966 Dear Mr. Richards, F vp --- RECEIVED - MAR 2 0 1989 CITY OF MOORPARK This letter is to address two issues with regards to a minor modification of the existing permit referenced above. The first issue concerns the sale of beer and wine in three busi- nesses presently in operation. These businesses are as follows: 1) Lamppost Pizza 2) Seven Eleven 3) Lalo's Restaurant We request that our permit be ammended to allow these busi- nesses to continue selling beer and wine. These businesses are properly licensed by the State of California to sell beer and wine. The second issue we are addressing is a minor modification to our permit to allow the sale of beer, wine and alcoholic beverages in a proposed restaurant to be built. My letter of February 21, 1989 addresses other issues you had raised. The hours of operation would be as follows: Sunday - Thursday loam - 12 midnight Friday, Saturday loam - 2am After careful review of your concern about the height of the building, we still propose that the building be 25 feet tall. We feel that this height is appropriate due to the fact that the building pad is approximately 5 feet below the grade of Los Angeles Ave. EXHIBIT Mash Associates 530 New Los Angeles Ave., Suite 2G Moorpark, Ca. 93021 805 - 523 -7160 I understand you are concerned about where any potential newspaper racks will be located. If we decide to allow a newsrack, it will be contained within the entry to the building. If you have any questions about any of the above, please don't hesitate to call. Sincei:91y, ' / John Mays ( Mash Associates JM:cb