TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 16, 2024
SUBJECT:
Title
REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT FILE #70-C1111AMD, TO ALLOW AN OUTDOOR SEATING AREA WITH ALCOHOL SERVICE AT THE HOUSE OF PONG, A BONA-FIDE RESTAURANT, LOCATED AT 238 YALE AVENUE. APPLICANT - KA MAN PONG
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SUMMARY
The applicant, House of Pong, is requesting approval of a Conditional Use Permit (CUP) amendment to allow four tables and twelve outdoor dining seats with on-site alcohol service. House of Pong is currently permitted full alcohol sales for on-site consumption in conjunction with a bona-fide restaurant use at 238 Yale Avenue through CUP #70-C1111. The request is to allow for outdoor seating with alcohol service immediately west of the subject tenant space on private property fronting Yale Avenue.
RECOMMENDATION
Recommended Action
Staff recommends the City Council:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT #70-C1111AMD, A REQUEST TO AMEND THE EXISTING CONDITIONAL USE PERMIT AND ALLOW AN OUTDOOR SEATING AREA WITH ALCOHOL SERVICE IN CONJUNCTION WITH THE EXISTING BONA-FIDE RESTAURANT USE, LOCATED IN THE CLAREMONT VILLAGE AT 238 YALE AVENUE. APPLICANT - KA MAN PONG; and
B. Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).
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ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, the following alternatives have been identified:
A. Continue the item for additional information; or
B. Deny Conditional Use Permit #70-C1111AMD, specifically identifying the finds of Section 16.303.040 that cannot be met.
FINANCIAL REVIEW
The processing of this application has no financial impact on the City as the Applicant is responsible for paying all costs associated with its review and approval.
ANALYSIS
Background
The project site is located in the Claremont Village, near the southeast corner of Bonita Avenue and Yale Avenue. The property has a General Plan designation of Claremont Village, and Zoning designation of Claremont Village (CV). The site plan (Attachment B) identifies its location in the Village. The adjacent surrounding properties in each direction are also all part of the Claremont Village.
House of Pong obtained a business license in August 2020 and has been serving a full-line of alcohol within the restaurant under CUP #70-C1111. In February 2021, House of Pong obtained a Temporary Outdoor Dining Permit through the Al Fresco program to allow a parklet for outdoor seating. Following the end of the Al Fresco program and the required removal of the parklet in March 2023, House of Pong obtained a Special Outdoor Use Permit (SOUP) in July 2023 to permit an outdoor seating area with four tables and twelve chairs located on private property against the storefront on either side of the main entrance, parallel to Yale Avenue. House of Pong has been able to serve alcohol at the outdoor dining area established with the SOUP because the Department of Alcoholic Beverage Control (ABC) provided COVID temporary permits to allow for outdoor sales and consumption of alcohol in an expanded capacity. However, this temporary State ABC program is set to expire on February 28, 2024. The CUP amendment will establish outdoor dining with alcohol sales in the same configuration as the approved SOUP.
The Claremont Municipal Code (CMC) requires that restaurants obtain approval of a CUP for on-site sales of alcoholic beverages in connection with food service, pursuant to CMC Section 16.051.020. This request to expand the floor plan seating and serving area necessitates the modification of the CUP.
Project Description
The purpose of this request is to allow House of Pong to have four tables and twelve seats along the frontage of the restaurant on private property, and to serve alcohol to patrons dining outside. The applicant is not proposing any expansion of the unit nor any significant tenant improvements. The hours of operation for this business will be limited as listed below:
Sunday - Tuesday: 10:00 a.m. - 10:00 p.m.
Wednesday - Saturday: 10:00 a.m. - 1:00 a.m.
Parking
Pursuant to Government Code Section 65863.2(a), a “public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.” 238 Yale Avenue is located 0.2 miles from the Claremont Depot with bus and train services. For this reason, the proposed outdoor dining seats and alcohol service will not require additional parking.
Basis for Recommendation
The approval of a CUP requires that the Planning Commission make certain findings as set forth in Section 16.303.040. Staff has determined that all the findings can be made to allow outdoor dining and alcohol service as identified in the draft resolution (Attachment A).
CEQA REVIEW
The proposed CUP has been determined to be categorically exempt from the provisions of the California Environmental Quality act (CEQA) pursuant to Section 15301 - Existing Facilities (Class 1). Class 1 exemptions are applied to projects that consist of the operation and leasing of existing facilities involving negligible or no expansion of an existing or former use. The project involves the operation, permitting, and leasing of a use that is consistent with the zoning designation, general plan land use district, and uses within other tenant spaces of the same building and complex, and does not propose any expansion of the existing tenant space proposed for use, and will not require additional site improvements to accommodate the business operations proposed. Therefore, the project is consistent with the Class 1 exemption under the CEQA Guidelines and requires no further environmental review.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website. If you desire a copy, please contact Nhi Atienza at natienza@ci.claremont.ca.us.
On Thursday, January 4, 2024, the property was posted and written notices were mailed to property owners within 300 feet of the boundaries of the site. Copies of this staff report have been sent to the applicant and other interested parties.
Submitted by: Reviewed by:
Brad Johnson, Daniel Kim
Community Development Director Assistant Planner
Prepared by:
Dinora Ochoa
Planning Intern
Attachments:
A - Resolution Approving Conditional Use Permit #70-C1111AMD
B - Site Plan with Furniture Images