HomeMy WebLinkAboutAGENDA REPORT 1997 0917 CC REG ITEM 09BAGENDA REPORT
CITY OF MOORPARK
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ITEM _4?.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
TO: THE HONORABLE CITY COUNCIL
FROM: NELSON MILLER, DIRECTOR OF CO TY DEVELOPMEJ 4A"'
PAUL PORTER, PRINCIPAL PLANNEk4
DATE: SEPTEMBER 2, 1997 (CC MEETING OF 9/17/97)
SUBJECT: CONSIDER APPROVAL OF MINOR MODIFICATION NO. 1 TO PLANNED
DEVELOPMENT PERMIT NO. 943 (SOFSKY) FOR A PROPOSED
OUTSIDE PATIO AND SEATING AREA AND LANDSCAPE GARDEN AREA
FOR HOSTING SPECIAL EVENTS AT THE SECRET GARDEN
RESTAURANT, 255 E. HIGH STREET.
Minor Modification No. 1 to Planned Development Permit No. 963 is
for the construction of a patio for outside dining at the Secret
Garden Restaurant at 255 E. High Street. Additional proposed
improvements include the creation of a garden in the rear for
hosting special events such as English garden style weddings and
weekend afternoon teas during times that the restaurant is not
opened for business.
Construction of this 1,950 square foot commercial building when
first constructed in 1968 was used as a grocery store. It was
assigned Development Permit No. 943 by the County on May 13, 1981
for a building alteration for the addition of an office.
';•
Direction Zonina General Plan
Site C -2 (General C -2 (General
Commercial) Commercial)
Secret Garden
Restaurant
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City Council
September 11, 1997
Minor Modification No. 1 (PD 943- Sofsky)
Page 2
North R -1 (Single M (Medium Single Family
Family Density Homes
Residential Residential
South
C -2
C -2
High Street
East
C -2
C -2
Single Family Home
West
C -2
C -2
Red River Steak & Fish
This Minor Modification request is for the construction of the
following site improvements:
1) The addition of a 1,421 square font concrete patio for niitdnnr
dining.
The patio is proposed to be located adjacent to the north side of
the building, in an existing unused portion of the site which has
no shrubs or landscaping. The patio is proposed to contain
approximately 11 tables to accommodate 34 people and be enclosed by
a wood /masonry fence /wall with two wood gates, leading to the
parking lot and the garden. The only construction changes
contemplated in this area is a new cement patio floor and
additional low voltage ground lighting in the garden area and
lighting at the exit gates which would not affect the residential
properties to the rear of the property. Presently there is wall
mounted lighting for the parking area only.
This garden will include trees, flowering hedges, rose arbors,
decomposed granite walkways (Acacias, Carolina Cherry, Jacaranda
and Purple Birch), grass, annual ground cover, three benches,
gazebo and a children's swing. The applicant anticipates hosting
weekend afternoon teas, small English garden style weddings, etc.
in this area. The improvements will also contain decomposed
granite walkways and low voltage lighting.
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City Council
September 11, 1997
Minor Modification No. 1 (PD 943 - Sofsky)
Page 3
A facade wood fence has been built to cover up the existing chain
link, block wall and iron fencing.
The applicant indicates that the garden will be utilized for
afternoon functions and the restaurant will not be open until after
the afternoon functions have ended. The patio area will be limited
to 34 patrons. The applicant's application states that inside
dining will be limited to less than 40 persons in order to
accommodate parking.
Due to the special circumstances /concerns and policy issues
relating to parking and the establishment of permanent outdoor
seating this item has been referred to the City Council for review
and determination.
The site as conditioned will have eight parking spaces provided.
For purposes of calculating parking, staff has determined that both
the indoor and outdoor eating area should be considered on a square
footage basis. The total square footage would be 3,371 square feet
(1,950 sq. ft. for the indoor restaurant and 1,421 sq. ft. for the
outdoor patio area). Based on the Ordinance requirements of 1
space per each 100 square feet because the use is in the downtown
area, the total parking requirement would be approximately 33
spaces. However, in the Downtown Area, only one -half of the
required parking spaces are required to be provided. Therefore
the project would require a total of 17 spaces.
Section 17.32.060 B of the Municipal Code allows uses to utilize
off - street parking on adjacent parcels and states as follows:
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:
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City Council
September 11, 1997
Minor Modification No. 1 (PD 943 - Sofsky)
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 benefitting 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
Section (b) of the Ordinance Code which requires that the property
have at least 50 percent of the required number of parking spaces.
This project has been conditioned to demonstrate that there is a
lease agreement which allows the applicant to have the total
required parking spaces as required by the City's Municipal Code.
The parking shall be provided for the duration of the permit and
shall be reflected in the lease agreement.
In addition, the applicant shall provide for non - exclusive
reciprocal parking and ingress /egress, easements between and on
behalf of all the owners of the commercial development at Assessors
Parcel Map Nos. 511 -0 -101 -330 and 511 -0- 101 -340 (adjoining property
to the north). Said easements shall be provided by a city approved
document and shall be reviewed and approved by the Director of
Community Development.
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City Council
September 11, 1997
Minor Modification No. 1 (PD 943 - Sofsky)
Page 5
If the applicant is not able to meet the required parking, Section
17.32.025 of the Municipal Code indicates that the applicant may
choose to pay an in -lieu fee in order to reduce any portion of the
parking spaces otherwise required to be provided on -site to be used
to offset the cost required to construct public parking facilities
in the downtown area.
One issue of concern is the proposed establishment of a permanent
outside eating area. The Code currently addresses temporary outdoor
seating. Permanent seating involves an interpretation of the Zoning
Code. Previously, permanent outdoor seating has been approved with
a Minor Modification, such as Lalo's in Moorpark Plaza, Coffee
Grinder in the Town Center, and La Gloria Market. It was also
considered for Bauducco's as part of the Development Permit. The
applicant has indicated that the patio will also be used for
outdoor events, such as weddings. This could serve as an
attraction in the downtown area. If it is the City's intent to
allow or even encourage outside dining for non restaurant uses,
this can be interpreted to be equivalent to establishing a
restaurant use. Section 17.32.010 HH allows temporary outside
seating for restaurants which have indoor seating. This use is a
restaurant, has indoor seating and serves food. Taking this into
consideration, as mentioned above staff calculated parking
requirements based on the square footage of the inside and outside
eating areas. A condition has been added that any live or outdoor
entertainment will require approval of an additional permit and
that activities or other uses during normal weekday business hours
shall be limited to an occupancy load which will require the use of
no more than the parking spaces located on -site.
Staff recommends approval of this Minor Modification application
with the Findings and conditions in the attached Resolution.
This project is Categorically Exempt from CEQA requirements as a
Class 1 exemption, for the operation or alteration of private
structures.
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City Council
September 11, 1997
Minor Modification
Page 6
No. 1 (PD 943- Sofsky)
Adopt the attached Resolution approving Planned Development Permit
No. 943 Minor Modification No. 1.
Exhibits: 1.
2.
3.
Site plan
Zoning and
Resolution
General Plan Map
of approval
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