Mozambique wants to open up more dining area

Mozambique Steakhouse’s rooftop deck opened a year ago only after plans for an elevator were revised and the proposed number of deck umbrellas was cut to alleviate concerns about view obstruction.

Now the restaurant owners could be facing a similar battle, this time over parking requirements.

They want to open 1,865 square feet of existing unused space for dining. And they think they have come up with a way to provide the number of parking spaces required by the city.

Larry Nokes, attorney for Mozambique owner Ivan Spiers, said the Planning Commission should make an exception for the restaurant and create a “harbinger” for future businesses that would wrestle with similar space problems.

The commission is scheduled to hear Mozambique’s application at 6 p.m. Wednesday.

Planners unanimously approved a 1,205-square-foot rooftop deck in October 2012 with the stipulation that Mozambique management close off portions of existing floor space in exchange, negating the need for additional parking spaces.

Now project proponents want to open portions of the restaurant for seating, including the Durban Room on the first floor, which architect Marshall Ininns said can handle 30 diners.

Current city code requires restaurants to provide one parking space for every 100 square feet of floor area or one space for every three seats, whichever number is greater. Mozambique is technically not meeting this number but has made accommodations by sharing parking areas at other establishments and offering limited shuttle service for diners.

Mozambique can seat 304 guests and is required to provide 107 on- and off-site parking spaces, said Ininns, who worked on the rooftop plans.

Spiers leases 129 spaces off-site, and also has 61 at Mozambique, at 1740 S. Coast Hwy., the site of the former Tortilla Flats. Spiers also shuttles Laguna residents who live within three miles to and from the restaurant for free.

The problem, Ininns said, is that the city does not count the 129 off-site spots as part of Mozambique’s effort to meet its parking requirement.

The code does not allow off-site parking to be counted if a business is adding square footage, city Planning Manager Ann Larson said, because

the property owner providing the space could opt out, leaving the renter in violation.

Nokes said Mozambique’s proposal is not an intensification of use because no new construction will take place.

“People shouldn’t be denied use of their building because of an arbitrary parking requirement that makes no sense,” Nokes said.

He added: “The rooftop deck is a seasonal phenomenon and has restricted times. When the rooftop deck is not operating it makes no sense to have the Durban Room unavailable.”

According to the restaurant’s website, the deck is available from 11 a.m. to sundown Mondays through Saturdays and 10 a.m. to sundown Sundays.

Spiers should receive credit toward the restaurant’s required parking count for the van service and 18 mechanical lifts proposed for the existing lot, Ininns said.

Each lift could provide space for an additional car.

Lifts would limit traffic on surrounding streets by reducing the number of valet drivers bringing cars to and from customers, and would not be an eyesore, Ininns said.

“Most of the time the cars will be surface level,” Ininns said. “When it’s busiest, after 7 p.m., three-quarters of the year it’s dark by that time so you will not know [the lifts] are there.”

The commission hearing will be held in council chambers, 505 Forest Ave.