UP 20-260 (Mission Street, 3 SW of 5th Avenue):  Consideration of a Use Permit (UP 20-260) for a new full-line restaurant (Gypsy Moon Café) located in the Service Commercial (SC) Zoning District. (APN 010-132-002)

CEQA Action: Staff recommends the project be found categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities).

The applicant is seeking approval of a Use Permit for the establishment of a new full-line restaurant located on Mission Street, 3 SW of 5^th Avenue in the Service Commercial (SC) Zoning District.

The previous restaurant in this space, the Clam Box, was in operation prior to 1976 until 1996, when the owners of Casanova Restaurant purchased and merged it with their existing restaurant, connected via a rear door. The restaurants were merged in 1999 under Use Permit UP 99-03. 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. 

In 2019, the Planning Commission approved a Use Permit Amendment, UP 18-366 (Casanova), submitted by the owner of Casanova, splitting the restaurant into two separate restaurant spaces by closing off the connecting rear door and establishing new seating numbers and new hours of operation from 7:30 am to 10:00 pm. On December 19, 2018, the Monterey Peninsula Water Management District submitted a letter to staff, establishing the baseline seating amounts for both restaurant spaces to ensure that there will be no increase in Water Use Capacity.

On September 14, 2020, the applicant submitted a Use Permit application, UP 20-260, for the establishment of a new full-line restaurant, called Gypsy Moon Café, located in the former Clam Box restaurant space fronting on Mission Street. Gypsy Moon Café is proposing to serve breakfast, lunch and dinner, 7 days a week from 7:30 a.m. to 10:00 p.m. for both indoor and outdoor seating. No exterior changes to the restaurant are proposed.

Water Use. In a December 19, 2018 letter (Attachment 3), the Monterey Peninsula Water Management District recognizes the historic baseline for the former Clam Box Restaurant is 106 interior seats. Furthermore, the District states that the exterior seat count for all restaurants is permitted to be up to 50 percent of the interior seat count. For exterior seating above this amount, water credits must be used to support the remaining seating.  Interior restaurant seats have a value of .02 of an acre foot of water per seat while exterior seats are valued at half that amount at .01 of an acre foot of water per seat. 

Gypsy Moon Café is proposing a total of 106 interior seats, consisting of 79 interior seats in Dining Room #1 and 27 seats in Dining Room #2 at the rear of the property, which complies with the amount allowed by the Water District. The applicant is also proposing 30 outdoor seats (while the available water units would allow 53 outdoor seats), consisting of 22 seats in the south patio #1 and 8 seats in the front southeast patio #2 (refer to Attachment 6). While the south patio is partially enclosed with a glass roof, the District considers this to be an exterior seating area because the south wall and half of the front and rear walls are open (refer to photographs in Attachment 2). The proposed interior and exteriors seating complies with the District’s water allowance.

Building and Fire Code Requirements. The Acting Building Official, Jermel Laurie, will review the plans and determine whether the proposed seating complies with the requirements of the Building Code. Per Use Permit Special Condition #13, the final seat count is subject to review and approval by the Building Official and may be reduced to meet the standards in the California Building and Fire Codes.

Full-Line Restaurant (CMC 17.14.040.I.3). The following standards shall be used in reviewing proposals to establish new full-line restaurants:

a. Any sale of alcoholic beverages shall be subordinate to this primary use.

c. Substantially all foods from the standard menu shall be available for purchase during the hours that alcoholic beverages are being served.

Analysis: The menu and floor plan indicate that the primary use of this space will be a full-line restaurant. There is no separate bar area in the restaurant, but beer and wine table service will be offered. The applicant states in their submittal letter that substantially all food foods from the standard menu will be available during the hours that alcoholic beverages are being served.

b. Drive-in, formula and fast food establishments are prohibited.

e. Customers shall be provided with individual menus while seated at a table or counter.

h. Food sold for consumption off the premises shall be incidental to the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed.

Analysis: The applicant has provided a sample menu and a vision statement for the restaurant.  The menu is unique and differentiated from the menus of other restaurants in Carmel. Additionally, this restaurant is a dine-in restaurant, and not a counter service restaurant. Guests are seated at tables and provided individual menus.

Design Regulations for Exterior Seating Associated with a Restaurant (CMC 17.14.220.D.). The following standards shall be used in reviewing proposals for exterior restaurant seating:

1. The proposal shall not result in a net increase in seating capacity.

17.14.040.I.3.f. The maximum seating capacity shall not exceed the standards in the State Uniform Building and Fire Codes, the number of seats approved by the Planning Commission through public review, or the number of seats in the previous business, whichever is less. The seating capacity shall be posted on the premises.

Analysis: The intent of this Municipal Code requirement is to ensure that staff-approved applications for exterior seating do not exceed the restaurant’s total seat count on the approved Use Permit. However, when a restaurant is applying for a new Use Permit, the applicant can propose a new seat count provided there are sufficient water credits to support the proposal and it meets Building and Fire Code requirements regarding occupancy and pathways of travel.

The original 1983 use permit for the Clam Box Restaurant, BA 83-19, granted 21 exterior seats distributed between the south and southeast patios. In 1999, a new Use Permit, UP 99-03, granted the merger with Casanova Restaurant and approved 16 exterior seats for this portion of the restaurant consisting of 14 seats in the south glass-roofed patio and only two single-seat tables in the southeast patio.

In establishing the Gypsy Moon Café, the applicant is proposing to increase exterior seating capacity to 30 total exterior seats, consisting of 22 seats in the glass-roofed south patio and 8 seats in the front southeast patio. Staff supports the applicant’s proposal to increase exterior seating by 9 seats provided that the seating meets Building and Fire Codes.

2. The seating area shall not occupy more than 10 percent of the site area nor more than 30 percent of any courtyard.

Analysis: The total outdoor seating occupies approximately 164 square feet total, or 4.1% of the entire 4,000 square foot property, which is less than the required 10% of the site area. Additionally, the south glass-covered patio is approximately 406 square feet in area, and 30% of this area is 122 square feet which is the allowable seating area. According to staff’s calculations and depending upon the size of the tables, the three proposed six-person tables and two proposed two-person tables would occupy between 84 and 108 square feet of area and thus comply with this Municipal Code requirement. The front southeast courtyard is approximately 140 square feet in area, and 30% of this area is 42 square feet, which is the allowable seating area. According to staff’s calculations and depending upon the size of the tables, the two four-person tables would occupy between 24 square feet and 32 square feet of area and thus comply with this Municipal Code requirement.

3. The area in which the seating is proposed shall be fully contained on private property and shall not interfere with automobile or pedestrian traffic on any public right-of-way or through any intra-block walkway.

Analysis: The exterior seating is located in two patios located entirely on private property.

6. Physical structures that enhance comfort such as windscreens, heaters, and exterior lighting shall be shielded from view from the public right-of-way and from intra-block walkways or shall be designed to be architecturally compatible with the village character and the adjacent buildings.

Analysis: The applicant is replacing existing wall heaters in the exterior patios. And no new lighting will be installed. The existing wall heaters are depicted in the photographs in Attachment 2, and are not visible from the public right-of-way.

Potential for Noise Impacts to Surrounding Apartments. CMC 17.14.220.D.7 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.

Analysis: The applicant is proposing the hours of 7:30 am to 10:00 pm for all restaurant seating, including the outdoor seating.  There are several second-floor apartments on the adjacent property located immediately above the south glass-roofed outdoor patio seating area (see Attachment 2 for photographs). As of the writing of this report, staff has not received any concerns from owners of neighboring apartments.  While the glass roof above the outdoor seats closest to the apartments may help to lessen the noise from the patio, there is an opening in the roof directly below the windows where the shrubs pierce the roof which may let noise through. Staff notes that the proposed hours of operation are the same hours that the Planning Commission approved for Casanova Restaurant’s indoor and outdoor seating which also has a large, partially-covered outdoor seating area immediately below these same apartments. Additionally, Gypsy Moon Café is located more than 300 feet from a single-family residential zoning district and may thus propose to open earlier than 8:00 am. Staff supports the outdoor seating hours as proposed. However, if the Commission has a concern, the Commission can 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."

Analysis: The applicant has provided a description and photograph of the trash storage area which will be located inside the enclosed building in a 7’ x 5’ storage room (refer to Attachment 2 for a photograph of the trash area). Additionally, the seating plan/floor plan depicts two public restrooms for both sexes, adjoining the main dining room (refer to Attachment 6).

Staff recommends that the proposed project be found 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 restaurant use does not present any unusual circumstances that would result in a potentially significant environmental impact.