TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: April 16, 2024
SUBJECT:
Title
CONDITIONAL USE PERMIT AMENDMENT FILE #12-C09AMD2, REQUEST TO AMEND THE EXISTING CONDITIONAL USE PERMIT AND EXTEND THE HOURS OF OPERATION AT MOZWELL CLAREMONT IN CONJUNCTION WITH A BONA-FIDE RESTAURANT USE, LOCATED IN THE CLAREMONT PACKING HOUSE AT 590 WEST FIRST STREET. APPLICANT - MOZWELL CLAREMONT.
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SUMMARY
Mozwell Claremont has submitted an application for a Conditional Use Permit (CUP) amendment to extend hours of operation. The existing restaurant was permitted for the sale of beer, wine, and distilled spirits for on-site consumption in conjunction with a bona-fide restaurant use and incidental outdoor seating at 590 West First Street. The request is to extend the restaurant’s previously approved hours of operation, proposing a closing time of 2:00 a.m. Tuesday through Sunday and closed on Mondays, in lieu of the previously approved 12:00 AM daily closing time.
RECOMMENDATION
Recommended Action
Staff recommends that the Planning Commission:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA APPROVING CONDITIONAL USE PERMIT #12-C09AMD2, A REQUEST TO AMEND THE EXISTING CONDITIONAL USE PERMIT AND EXTEND THE HOURS OF OPERATION AT MOZWELL CLAREMONT IN CONJUNCTION WITH THE EXISTING BONA-FIDE RESTAURANT USE, LOCATED IN THE CLAREMONT PACKING HOUSE AT 590 WEST FIRST STREET. APPLICANT - MOZWELL CLAREMONT; and
B. Find this item is exempt from environmental review under the California Quality Act (CEQA)
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ALTERNATIVES TO RECOMMENDATION
In addition to staff’s recommendation, the following alternatives have been identified:
A. Continue the item for additional information; or
B. Express an intent to deny CUP #12-C09AMD2 in its entirety, specifically identifying the findings of Section 16.303.040 of the CMC that cannot be met, and continue the item to May 7, 2024 for adoption of a denial resolution.
FINANCIAL REVIEW
Costs associated with the review of this application have been borne by the applicant.
ANALYSIS
Background
The project site is located within the Claremont Packing House near the intersection of West First Street and Cornell Avenue and has a zoning designation of Village Expansion Specific Plan (VESP) - Specific Plan 8 and a General Plan designation of Claremont Village. The surrounding properties to the north, east, and west are also all located within the VESP area. Directly to the south are railroads owned and maintained by the Los Angeles County Metropolitan Transportation Authority (LA Metro). More specifically, the VESP identifies the project site to be located within Zone 1 - Commercial Mixed Use (CMX) of the VESP area. To the east of the project site is the Claremont Packing House, which is also within Zone 1 - CMX. The area to the north is within Zone 4 - Mixed Use and the properties to the west are within Zone 2 - Residential.
Mozwell Claremont obtained a business license in July of 2023 and has been operating subject to the conditions set forth by Planning Commission Resolutions #2012-17, #2013-10, and #2015-09 as part of the original CUP (#12-C09) and amended CUP (#12-C09AMD).
Existing businesses in the Claremont Packing House include restaurants with alcohol service, retail food businesses, retail shops, a bookstore, offices, studios, and service-based businesses. Other businesses serving alcohol in the Claremont Packing House with approved hours of operations are listed below:
Eureka!
• Seven days a week: 7:00 AM to 2:00 AM (indoor dining area)
7:00 AM to 12:00 AM (outdoor dining patio)
Packing House Wines
• Sunday - Thursday: 10:00 AM to 10:00 PM
• Friday - Saturday: 10:00 AM to 1:00 AM
Gus’s BBQ
• Seven days a week: 10:30 AM to 2:00 AM (indoor & outdoor dining areas)
Whisper House
• Monday - Friday: 11:00 AM to 2:00 AM
• Saturday - Sunday: 9:00 AM to 2:00 AM
The Claremont Municipal Code (CMC) requires that restaurants obtain approval of a CUP for on-site sales of alcohol beverages in connection with food service, pursuant to CMC Section 16.051.020.
The City of Claremont Police Department (CPD) was consulted for this CUP amendment request and generally did not have concerns with the proposed change. CPD has not received any calls for service at this location since Mozwell Claremont began operation in September. However, if not properly managed there could potentially be noise impacts to the adjacent residential units to the west of this location. These noise impacts may occur near the west side of the Packing House during the late-night hours of operation or after hours when the business is closing and patrons are leaving the location.
The applicant is not proposing any entertainment uses at the location at this time. If the applicant submits for entertainment activities in the future, that application will be carefully reviewed by all City departments.
Project Description
The existing approved hours of operation:
• Sunday - Saturday: 10:00 AM to 12:00 AM
The proposed hours of operation:
• Tuesday - Sunday: 10:00 AM to 2:00 AM (outdoor dining to close at 12:00 AM)
• Monday: Closed
Exceptions to Monday closures include Federal holidays, State holidays, and the following: Valentine’s Day, St. Patrick’s Day, Cinco de Mayo, Halloween, Christmas Eve. Permitted operating hours are to be 10:00 AM - 2:00 AM on these holidays.
Parking
AB 2097 prohibits cities from imposing a minimum automobile parking requirement for this project because the project site is located within a half-mile radius of a major transit stop. However, staff does not anticipate the extension of business hours from 12:00 AM to 2:00 AM to cause significant parking issues due to the availability of parking spaces at that time throughout the week.
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 believes that all the findings can be made in regard to the extension of business hours for the existing restaurant with a full-line of alcohol service at the proposed location as identified in the draft resolution (Attachment A).
CEQA REVIEW
The Community Development Director has determined that the project under review is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1) for existing facilities, in that the project entails the continued leasing of an existing tenant space within a private structure involving a negligible expansion of use beyond that which currently exists. Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a paper copy, please contact Nhi Atienza at natienza@ci.claremont.ca.us.
On Thursday, April 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: Prepared by:
Brad Johnson Daniel Kim
Community Development Director Assistant Planner
Attachments:
A - Resolution Approving #12-C09AMD2
B - Planning Commission Resolution 2012-17
C - Planning Commission Resolution 2013-10
D - Planning Commission Resolution 2015-09
E - Site and Floor Plan