The applicant is seeking approval of a use permit amendment for Casanova restaurant to allow the business space to be split into two separate restaurants.

Approve Use Permit (UP 18-366) subject to the attached Findings for Approval and Conditions of Approval (Attachments 2 and 3).

According to City records, Casanova Restaurant has been located on 5th Avenue, 2 SW of Mission Street (the north business space) since June 22, 1978.  Prior use permits allowed up to 77 seats. In 1999, a use permit was approved for the merging of the restaurant with the adjacent south space, formerly the Clam Box, to form a single restaurant, Casanova (refer to Attachment 5). The use permit authorized 204 total seats for both spaces including 150 interior seats and 54 exterior seats.  The seating plan for the north space identified 88 total seats, 40 interior and 58 exterior. The authorized hours of operation were from 8:30 am to 10:00 pm, seven days per week, for both the interior and exterior seating. 

The owner of Casanova is now proposing to split the business into two separate restaurants by closing off an internal door connecting the spaces. Casanova Restaurant would continue to operate the north space while the new restaurant would be located in the south space. Since each restaurant is required to obtain a new use permit, each is allowed to propose new hours of operation and the reconfiguration of existing seating. The constraints upon the seating are the available water units for each space and the maximum occupant load, as determined by the Building and Fire Departments.

On November 14, 2018, the Planning Commission passed a motion to continue this application, with the direction to work with the Water District to determine the number of water credits available to each restaurant space. The applicant met with the Water District and the District has provided staff with a letter confirming that Casanova has adequate water credits for 42 interior seats and 65 exterior seats for a total of 107 seats (refer to Attachment 4.)  The Water District has also assigned water credits to the southern space, which will become a separate restaurant independent from Casanova. A use permit application for the southern space will be considered by the Planning Commission in the near future. 

Water Use:  Since the business owner has proposed to divide the restaurant into two separate restaurant spaces, the seating must be consistent with the water units available to each space.

The applicant is proposing 42 interior seats (.84 acre feet of water) and 65 exterior seats (.44 acre feet of water) for a total of 107 seats and 1.28 acre feet of water. The Water District has determined that adequate water is available to serve the new Casanova restaurant as documented in a letter included as Attachment 4.  

The interior layout of the restaurant consists of 36 seats in the restaurant plus 6 interior seats located in a separate room at the back of the east (side) exterior patio. Exterior seating consists of 45 seats in the east (side) exterior patio, and 20 seats in the north (front) exterior patio.

Building and Fire Code Requirements:  The Building Official and the City of Monterey Fire Marshall reviewed the preliminary seating plan for Casanova and expressed support for the proposal, but imposed limits on the number of seats that could be allowed within each space of the restaurant in order to meet Building and Fire Code requirements.  The Building Official will review the final seating plan approved by the Water District and the Planning Commission and will then develop findings for approval for the seating.  The final seat count will not exceed 42 interior seats to satisfy the requirements of the Water District; however, the Building Official may reduce seating to comply with California Building and Fire Codes.

Outdoor Seating: CMC 17.14.220.D requires Design Review approval for outdoor seating and states that hours of service will be such that it does not impact other uses in the vicinity.

Potential for Noise Impacts to Surrounding Apartments:  The applicant is proposing to open the restaurant an hour earlier than the previous use permit, at 7:30 am, but will continue to close at 10:00 pm for both the interior and exterior seating. Staff visited the property and noted that there are several second floor apartments located immediately above the south patio. Staff also observed that a glass awning above the outdoor seats closest to the apartments may help to mitigate noise from the patio. Staff has not been contacted by the occupants of the neighboring apartments and supports the proposed hours of operation. However, if the Commission has a concern, the Commission may limit the hours of operation for the outdoor seating.

Trash Storage and Restrooms: According to CMC 17.14.040.I,"Adequate facilities shall be provided on the site for the closed storage of trash and garbage generated by the use.   At least one restroom shall be available for use by both sexes within, or conveniently adjacent to, the specific business premises and on the same property on which the use is located."

The project qualifies for a Class 3 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines.  Class 3 exemptions include the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The project consists of separating one restaurant into two restaurants as it existed prior to 1999.