UP 20-314 (SEC Ocean & Lincoln): Consideration of a Use Permit amendment (UP 20-314, Dametra Café) to extend the hours of operation to 11 pm for a full-line restaurant located in the Central Commercial (CC) Zoning District. (APN 010-147-013)

CEQA Action: Staff recommends the project be found categorically exempt from CEQA pursuant to Section 15301 (Class 1) – Existing Facilities.

The applicant is requesting approval of a Use Permit amendment to allow the seating of the last customer to occur at 11 p.m. and clean-up/closing operations to be completed by midnight.

Staff recommends that the Planning Commission approve a Use Permit amendment to allow the seating of the last customer to occur at 11 p.m. and clean-up/closing operations to be completed by midnight for a full-line restaurant located at the southeast corner of Ocean and Lincoln in the Central Commercial District.

In December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”).

On or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 6, 2020, the County Administrative Officer of Monterey County (“County CAO”) proclaimed a Local Emergency due to the threat of COVID-19 in the County.

On March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19

internationally as a global pandemic.

On March 12, 2020, based on these events, the City Administrator of the City of Carmel-By-The-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City.

On March 13, 2020, the City Council adopted Resolution No. 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”).

On March 17, 2020, the County of Monterey Health Officer issued a “Shelter in Place” Order requiring, among other things, that people self-isolate in their places of residence.

 On March 19, 2020, Governor Gavin Newsom issued a shelter in place order for the entire State of California.

 On April 3, 2020, the County of Monterey Health Officer issued a further “Shelter in Place” Order to supersede the prior Orders of the Health Officer.

 On July 7, 2020, the State of California issued a statewide order closing all bars, pubs, brewpubs and breweries and restricting indoor operations for restaurants and wine tasting rooms.

 On July 29, 2020, the State of California updated the COVID-19 Industry Guidance for restaurants providing outdoor dining, take-out, drive-thru and delivery.

 On August 28, 2020 the State of California Public Health Officer issued an order updating the framework for reopening, which is known as California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. Based on this Plan, indoor dining at restaurants remains prohibited in Monterey County.

Project Background & Description

On June 24, 2008 the City approved a name change for the full-line restaurant from Julihanah to Dametra Cafe. No changes to the Use permit were made at this time.

On August 10, 2011 the Planning Commission approved a Use Permit (UP 11-09) for the expansion of a full-line restaurant (Dametra Cafe) into the adjoining commercial space previously occupied by an art and jewelry store. The approved hours of operation were 7 a.m. to 11 p.m. seven days a week.

On November 14, 2012 the Planning Commission approved an amendment to the Use Permit (UP 11-09) to allow for live music at Dametra Cafe. The approved hours of operation were 7 a.m. to 11 p.m. seven days a week with live music permitted between Noon and 11 p.m. seven days a week.

On June 24, 2013 the City issued a new Business License for a change of ownership for Dametra Cafe. The Business License approval indicates that the restaurant is governed by Use Permit 11-09 with hours of operation from 7 a.m. to 10 p.m. seven days a week with the last seating at 10 p.m. and all clean-up/closing operations completed by 11 p.m.

The applicant is requesting approval of a Use Permit amendment to allow the last customer to be seated at 11 p.m. with clean-up/closing operations completed by 12 a.m. The Planning Commission is being asked to review the amendment request.

Due to the Coronavirus pandemic, Dametra Cafe has been operating the restaurant outdoors under a Temporary Encroachment Permit. Under the Encroachment Permit, the restaurant must operate within the hours of operation approved under their Use Permit.

Under Use Permit 11-09, Dametra Cafe is permitted to operate until 11 p.m. However, under their Business License approval they must stop accepting customers after 10 p.m. and completely close down by 11 p.m. In accordance with Use Permit 11-09, live music can continue until 11 p.m. It is unclear why the Business License approval included the additional limitation on the hours of operation.

Dametra Cafe is located on the southeast corner of Ocean and Lincoln in the Central Commercial District. To the east of the restaurant, on Ocean Ave, is the Aaron Chang Ocean Art Gallery and Johnny Was clothing store. To the south, on Lincoln, is Xandra Swimwear and Sade’s Cocktails. An apartment unit is located above Xandra and Sade’s and is currently being remodeled.

The Zoning Code requires all restaurants to obtain a Use Permit from the Planning Commission. The Code limits the number of restaurants that can front on Ocean Ave to 15 but does not establish permitted hours of operation. The Code specifically allows hours of service to outside seating areas to be regulated through appropriate conditions of approval to prevent impacts on uses in the vicinity. This has become common practice when reviewing indoor dining as well.

In order to approve a Use Permit certain findings must be made in the affirmative including that the use,

a)      Will not be injurious to public health, safety or welfare;

b)      Will be compatible with surrounding land uses and will not conflict with the purpose established for the district within which it will be located; and

c)       Will not generate adverse impacts affecting health, safety, or welfare of neighboring properties or uses.

Regulating a full-line restaurant's hours of operation ensures that the use will not have a negative impact on surrounding people or property.

In approving Use Permit 11-09, the Planning Commission found that the location of Dametra Cafe on the corner of Ocean and Lincoln in the Central Commercial District would not negatively impact the public, surrounding uses or neighboring properties. Further the Commission approved hours of operation from 7 a.m. to 11 p.m. including live music. The current Business License restricts the restaurant to seating the last customer at 10 p.m. The applicant is requesting approval to be able to seat the last customer at 11 p.m. and be able to close down by 12 a.m. There would be no live music between 11 p.m. and 12 a.m.

Should the Planning Commission approve the Use Permit amendment request, Dametra Cafe would be allowed to seat customers until 11 p.m. under their Temporary Encroachment Permit and complete clean-up/closing operations by midnight. When allowed to return to indoor dining, the same hours of operation would apply.

Alternatively, the Planning Commission could approve the modification to the hours of operation temporarily until such time that indoor dining returns to full capacity.