The applicant is seeking approval of a Use Permit Amendment to modify the hours of operation to serve breakfast at Pangaea, an existing 3,300 square foot full-line restaurant located on the north side of Ocean Avenue between Lincoln and Dolores in the Central Commercial (CC) Zoning District. 

Approve Use Permit (UP 19-002) application subject to the attached Findings for Approval (Attachment 1) and Conditions of Approval (Attachment 2).

The subject site is an existing restaurant, Pangaea, on the north side of Ocean Avenue between Lincoln and Dolores in the Central Commercial (CC) Zoning District.  The restaurant’s business license was approved on October 22, 2018, and is currently operating under Use Permit B.A. 85-75, which was approved by the City on January 8, 1986; a restaurant has been operating on this site since 1977 (B.A 77-22).  The restaurant currently operates with 68 indoor seats, maintaining the same table configuration as all restaurants which have occupied the space before it (see attachment 6). 

The existing use permit has established the site as a full-line restaurant, and allows for 68 interior seats and the hours of operation of 11:00 am to 1:00 am, seven days a week.

The applicant has submitted a Use Permit Amendment to modify the hours of operation for the restaurant in order to serve breakfast.  Currently, the business is permitted to operate from 11:00 AM to 1:00 AM, seven days a week, and the applicant has proposed new hours of 7:00 AM to 10:00 PM, seven days a week.  The applicant has also proposed to change the name of the business from “Pangaea” to “Pangaea Grill.”  There are no other changes proposed to the use other than the hours of operation, and the name change.  

Hours of Operation

Currently, Pangaea is permitted to operate for 14 hours throughout the day, from 11:00 AM to 1 AM, seven days a week.  While the restaurant is permitted to stay open until 1:00 AM, the owners have informed staff the restaurant has been closing no later than 10:00 PM since taking over the restaurant space.  The applicant has proposed to modify the permitted hours of operation to be open for 15 hours throughout the day, from 7:00 AM to 10:00 PM, seven days a week, to allow for the service of a breakfast menu (Attachment 2).

CMC 17.14.050.H places additional restrictions on uses that are located in the RC land use district or uses located on any property within 300 feet of an R-1 Zoning District.  The project is located in the Central Commercial (CC) Zoning District and is not within 300 feet of an R-1 Zoning District; therefore, it is not subject to additional land use restrictions.  

Currently, there is one other full-line restaurant on Ocean Avenue which opens early enough to serve a breakfast menu (Il Forniao; see Attachment 1).  Allowing Pangaea to operate early enough to serve breakfast will add diversity to the dining options available on Ocean Avenue for both residents and visitors.  While the restaurant may be open to the public earlier than most restaurants on Ocean Avenue, the hours of operation are within the range of standard operating hours of operation for similar uses.

Noise Concerns

Staff has identified one neighboring property with a residential unit.  The property file belonging to the adjacent building to the south, the Fee Building, indicates there was one second story apartment at the time of the buildings construction.  It is unclear if the second story is still used as an apartment/residence, however, there is no evidence of a business operating on the second floor.  Staff feels the approval of the use permit would have a minimal impact on the (possible) residence due to its location on Ocean Avenue, a heavily trafficked corridor at all times during the day, and the subject sites location within the Central Commercial Zoning District.  Additionally, there are a number of other restaurants (not located on Ocean Avenue) that serve breakfast and are located near downtown residential units.  

The proposed project is categorically exempt from CEQA requirements, pursuant to Section 15301 (Class 1), Existing Facilities. The project consists of the continued use of an existing commercial space as a full-line restaurant. The modified hours of operation would result in a negligible expansion of the existing use by allowing one additional hour of operation. The restaurant use does not present any unusual circumstances that would result in a potentially significant environmental impact.