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HomeMy WebLinkAboutAGENDA REPORT 1997 1217 CC REG ITEM 09CAGENDA REPORT City of Moorpark pia. ioo (86) ITEM 41'G CITY OF MOORPARY, CALIFORNIA City Council Meeting of 199 n N: 7-- 41 as d BY :_ To: The Honorable City Council From: Nelson Miller, Director of Community Developme(tXL Prepared by Craig Malin, Assistant Planner 41 Date: December 5, 1997 (CC meeting of 12/17/97) Subject: Consider Approval of Minor Modification No. 3 to Commercial Planned Development Permit No. 96 -2 (Moorpark - Caymus) for a proposed outside seating area at the Starbucks Coffee located at 561 New Los Angeles Avenue (APN 512 -0- 180 -100). SUMMARY Minor Modification No. 3 to Commercial Planned Development Permit No. 96 -2 is for the placement of eight tables and 20 seats on an existing concrete walkway for outside dining at Starbucks Coffee, located at 561 New Los Angeles Avenue. Applicant has already placed the tables and chairs on the walkway outside the restaurant. BACKGROUND Commercial Planned Development Permit No. 96 -2 was approved by the City Council on December 18, 1996, for the construction of a 7,258 sq.ft. commercial building. San Pedro Signs applied for Minor Modification No. 1 for approval of a sign program, blue plastic awnings and neon trim on the building which was denied by the City Council on July 16, 1997. Minor Modification No. 2 was approved by the City Council on August 20, 1997 for a modified sign program. Minor Modification No. 3 was filed on October 15, 1997. 000287 ',. CPD 96 -3 Minor Modification 3 Moorpark - Caymus Page 2 SETTING Direction Zoning Site CPD (Commercial Planned Development) General Plan C -2 (General Commercial) North RPD 15u VH (Very High (Residential Residential, Planned to 15 units Development per acre) 15 units per acre Current Use Commercial Building Condominiums South CPD C -2 Los Angeles Ave./ Moorpark Plaza East RPD 15u VH Apartments West CPD C -2 Mc Donalds Restaurant k���YKi�X�•�`7 Due to the unique circumstances 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. This 7,258 sq.ft. building requires 33 parking spaces, 20 spaces for Blockbuster (one space per 300 sq.ft.)and 13 spaces for Starbucks (one space per 100 sq.ft.). The site currently includes 25 parking spaces with an additional eight parking spaces off -site (adjacent to the north side of the building) provided by a reciprocal access agreement for a total of 33 spaces. Section 17.32.010.HH of the Municipal Code allows temporary outside dining 00OZ83 CPD 96 -3 Minor Modification 3 Moorpark- Caymus Page 3 at a rate of one outside seat for each two inside seats without requiring additional parking. Based upon the existing number of indoor seats (20), a maximum of 10 seats could be approved for outside placement based upon Code provisions. More than 10 outdoor seats would be considered an expansion of the restaurant which would require additional parking spaces, which could be provided either on or off site. Off site parking is limited to 500 of the total number of required spaces under Section 17.32.060 of the Zoning Code. PATIO AREA This application is proposing the placement of eight tables and 20 seats on the existing concrete walkway on the west and north sides of the building. This outdoor seating is proposed to include three tables and six seats on the north side of the building where the sidewalk is 819" in length and 813" in width. The remaining five tables and 14 seats are proposed to the placed on the walkway on the west side of the building on each side of the entrance where the available space is 1612" long and of 1116" wide underneath an existing canopy (see Exhibits 1 and 2). The chairs and tables are made of metal and plastic, medium green and aluminum in color. None of the chairs or tables will be permanently attached to the building or the sidewalk. In order to separate the proposed seating area adjoining the pedestrian access, it is recommended that a three foot tall decorative wrought iron fence be installed around the perimeter of the patio, except in areas where building access for Starbucks customers is provided. This proposed railing will define the outdoor seating and maintain the adjacent sidewalks for their intended use. Because of the limited width of the walkway (8'3" including seating and sidewalk) on the north side of the building, access and seating are not feasible unless the adjacent pedestrian way is dedicated for use by Starbucks customers. This proposed seating area (three tables and six seats) should be eliminated because of the limited width and the need to provide pedestrian access to the parking spaces. Deletion of these seats would also be consistent with the overall limitation of 10 seats which may be granted with this permit. 006284 CPD 96 -3 Minor Modification 3 Moorpark - Caymus Page 4 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. Permanent seating involves an interpretation of the Zoning Code which has occurred on several prior occasions. Previously, outdoor seating on a permanent basis has been approved with a Minor Modification for Coffee Grinder, La Gloria Market, Lalo's and the Secret Garden Restaurant. These restaurants provide less than one outdoor seat for each two seats indoors, as specified in the code section for temporary outdoor seating. Because the number of seats proposed (20) is greater than half the number of seats indoors, this request should be limited to a maximum of 10 outdoor seats to be consistent with the Code provisions, unless additional parking spaces can be provided at a rate of one space for every three additional seats. Additionally, the provision of tables with more than 10 seats would be excessive considering the size of the sidewalk area on the west side of the building (16'2" x 11'611) where it appears feasible for the proposed use. Additional tables and chairs would create a cluttered appearance and restrict customer access at the building entrance. Staff recommends approval of this Minor Modification application with the Findings and conditions in the attached Resolution. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. RECOMMENDATION Adopt the attached Resolution approving Planned Development Permit No. 943 Minor Modification No. 3. Exhibits: 1) Site plan 2) Floor plan 3) Zoning and Location Map 4) General Plan Map 5) Resolution of approval 00028i O 1•� iii � � r��r� 194) Ir c&posrrE EQUIPMENT PLAN N G Ertl m Jr. Pei 6900 1 POSILN PK-. - [loon IT SUSPENDED ITABLE -GREEN 6901 4 POSTER FRAME - P334 1 FAUCET FOR RR WALL MTO MSC SOONER -COMING P3b� 1 FAUCET i BRACk SOON 0903 1 BANK FOR MOP 1357 1 FAUCET L SPRAT 0904 1 BANNER NOW OPEN UNT FOR 'B- P3SB 1 NOSE was ACCESSORIES IBSS 9 TALE BASE - b ACCESSORIES NCH pA PB03 1 PIPE PROTECTOR P804 Z FLOOR S*M WIRE GRATE PBOs 1 TOILET SEAT P806 1 NOT WATER HEA ADDITIONAL GUST[ It REVERSE OSMOSI SYSTEM noo � MANAOCIIa DESK SFCLVNG AT MGRS F702 / DESK P" flfl'7�• p �WYi � YrY `W Wr r .w 7 MAN ON 1111199,1211111 " �e ■ ■ ■� r�r�ar����.® ism I: •:•rim! +� ■��:��_,1C:�����/■ o: at 111218 l! /a rr•rir �■ /i1 /1!! /i /i / /�� // � r s.� :ibi1L�ris ataoi i►r-., r, •� Aft too 11.111111511[34" itc/ //� pIis* a" Offr= _ - =l =rqj- 9 0 j 1[ � 1[ Mr �• al��ws eli111I III 1 ." i =.i f "SITE': dW � �r • �,� �� - m win IV7.-Gpt Loins- 1111!9138-.m _ _ _ _ a ML .�..�.�.- .......tip, *,..._ __ �.,.._ .....�ww..i...r.�. - ...w.... �a�r►'O�• 1 lick 1.191clanw2i 1 M ir MML �) s � I_ \! 0 IN ►-- RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96 -2 LOCATED AT 561 NEW LOS ANGELES AVENUE ON THE APPLICATION OF MOORPARK- CAYMUS PROPERTIES FOR A PROPOSED OUTSIDE SEATING AREA (APN 511 -0 -101 -340). WHEREAS, on October 15, 1997, the applicant applied for Minor Modification No. 3 to Commercial Planned Development Permit No. 96 -2 for a proposed outside patio with seating at the Starbucks Coffee located at 561 New Los Angeles Avenue; and WHEREAS, the Director of Community Development recommended conditional approval of the application to the City Council in the staff report dated December 5, 1997; and WHEREAS, at its meeting of December 17, 1997, the City Council considered the application filed by Moorpark - Caymus Properties, requesting approval of Minor Modification No. 3 to CPD 96 -2 for a proposed outside patio and seating at the Starbucks Coffee located at 561 New Los Angeles Avenue; and WHEREAS, at its meeting of December 17, 1997, the City Council after review and consideration of the information contained in the staff report dated December 5, 1997 has 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: a. The project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of a private structure; b. The proposed project would not have a substantial adverse impact on surrounding properties; 00 (1�E9 Reso 97- Moorpark- Caymus Page 2 C. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; 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 g. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 2. The City Council conditionally approves Minor Modification No. 3 to CPD No. 96 -2 for a proposed outside seating area at 561 New Los Angeles Avenue. SECTION 3. Approval of Minor Modification No. 3 to CPD No. 96 -2 is hereby approved subject to the following conditions: 1) The proposed seating on the north side of the building is not allowed and shall be removed from the site plan. 2) The site plan shall be modified to include a three foot high decorative wrought iron fence surrounding the patio, located to insure that all sidewalks and building entrances have four feet of access and that doors, curb cuts or parking spaces shall not be blocked. The number of seats shall not exceed one seat for each two seats inside the restaurant unless the applicant provides additional parking spaces at the rate of one space for every three seats and files an additional permit. Based upon the current inside seating and number of parking spaces provided a maximum of 10 outdoor seats may be allowed. 00C40-130 Reso 97- Moorpark- Caymus Page 3 3) Approval of a Zoning Clearance is required prior to installation of the wrought iron railing. 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. 6) A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off -site signs are permitted. 7) No on -site consumption of beer, wine or alcoholic beverages shall be allowed without approval of an additional permit from the City of Moorpark and the State Alcoholic Beverage Control Board. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 17 DAY OF DECEMBER, 1997. Patrick Hunter, Mayor ATTEST Lillian E. Hare, City Clerk 00029 .