TO: PLANNING COMMISSION
FROM: DAVID CRABTREE, INTERIM COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 20, 2026
SUBJECT:
Title
CONDITIONAL USE PERMIT FILE #26-C05, REQUEST TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-SITE CONSUMPTION (TYPE-41 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR A NEW RESTAURANT LOCATED 323 WEST BONITA AVENUE. APPLICANT - BROTHERS CODY LLC (PIE TRAP PIZZA RESTAURANT).
Body
SUMMARY
Brothers Cody LLC, dba Pie Trap Pizza, has submitted an application for a Conditional Use Permit (CUP) to allow for the sale and service of beer and wine for onsite consumption in conjunction with a new bona-fide eating establishment. The use also requires a California Department of Alcohol Beverage Control Type-41 License. The applicant describes the business as a “fast casual dine in/carry out service with counter ordering and pickup”. The restaurant’s proposed hours of operation are Monday through Thursday 11:00 AM to 9:00 PM and Friday through Saturday 11:00 AM to 10:00 PM and Sunday 11:00 PM to 8:00 PM in the Bonita Yale Plaza at 323 West Bonita Avenue, the former location of Maison Garrison. The proposal includes a commercial kitchen, dining area, janitorial room, and two restrooms.
Staff believes that, with the inclusion of the proposed conditions of approval, all of the required CUP findings can be met by the project and that the new restaurant will positively contribute to the dynamic mix of uses in the Claremont Village.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT APPROVING CONDITIONAL USE PERMIT FILE #26-C05, A REQUEST TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-SITE CONSUMPTION (TYPE-41 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR A NEW RESTAURANT LOCATED 323 WEST BONITA AVENUE. APPLICANT - BROTHERS CODY LLC (PIE TRAP PIZZA RESTAURANT); and
B. Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).
Body
ALTERNATIVES TO RECOMMENDATION
In addition to staff’s recommendation, the following alternatives have been identified:
A. Continue the item for additional information.
B. Approve the project with additional or revised Conditions of Approval.
C. Express an intent to deny CUP #26-C05 in its entirety, specifically identifying the findings of Section 16.303.040 of the CMC that cannot be met, and continue the item to November 3, 2026 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 subject property is located at 323 West Bonita Avenue, on the north side of West Bonita Avenue, between North Indian Hill Boulevard and North Yale Avenue. The zoning designation for this site is Claremont Village zoning district (CV) with a General Plan land use designation of Claremont Village. The project site is in Area 1 of the Claremont Village Design Plan (VDP), which provides design guidelines for the development of the Village and identifies this site to be within the Central Commercial Core. This building was built in the 1990’s, after the VDP was adopted, and is not an example of a specific architectural style but is still of value to the overall scale and character of the Village. Surrounding properties located on this block of West Bonita Avenue are within the same zone and General Plan land use designation.
The Claremont Municipal Code (CMC) requires that “the on-site sale of alcoholic beverages shall be permitted in the CV District only in conjunction with a bona fide public eating place, as defined in the State Business and Professions Code (Business and Professions Code Section 23038) and with approval of a conditional use permit pursuant to Chapter 16.303. Such eating place shall make meals available to patrons at all times when serving alcoholic beverages. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement.” (CMC Section 16.060.010.D).
Project Description
Pie Trap Pizza is a proposed pizza restaurant in a tenant space of approximately 1,623 square feet, of which 253 square feet is for dining. The interior will feature fifteen tables for a total of 30 seats. The applicant’s business description and proposed menu are provided as Attachment B, and the site and floor plan is provided as Attachment C.
The applicant has requested the following hours:
• Sunday 11:00 AM - 8:00 PM
• Monday - Thursday 11:00 AM - 9:00 PM
• Friday - Saturday 11:00 AM - 10:00 PM
The applicant will submit plans for the proposed exterior signage at a later time. The subject property is located within the Bonita Yale Sign Program, which details specific design standards including dimensions, materials, color, font type for major identification signs, pedestrian-oriented signs, and blade signs. Due to the change in use of the tenant space from retail to restaurant, three existing windows on the north side of the building, which had previously been clear and open to the shop, will now open to utilitarian spaces including back of house kitchen and bathrooms. The applicant proposes to retain the windows but notes that all three will likely need to be obscured with window decals or other treatments.
To protect the pedestrian-oriented character of the Claremont Village, the applicant will work with Planning staff to ensure that these three windows are obscured with artistic graphics or other visually interesting window treatments that harmonize with the surrounding architecture. Planning staff has included a condition of approval for the applicant to work with the Planning Division to gain approval of this window treatment prior to issuance of building permits. The condition includes a requirement that these windows be maintained in good repair and with an attractive appearance at all times.
Parking
Generally, restaurants have higher parking demand than retail uses. The Claremont Village zoning district recognizes this and requires additional parking. As of January 1, 2023, 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. The subject site is less than a half-mile distance from the Claremont Depot. Despite this state override of local zoning, staff notes that the new restaurant is small, has a limited amount of seating, and is likely to serve patrons and workers already in the Village for other uses. Therefore, staff does not anticipate the new restaurant business with alcohol service to cause significant parking issues.
BASIS FOR RECOMMENDATION
Approval of a CUP requires that the Planning Commission make certain findings as set forth in Section 16.303.040 of the CMC. Staff believes that all the findings can be made to allow a new restaurant with beer and wine sales and service at the proposed location as identified in the draft resolution (Attachment A). Staff believes that the new restaurant will be a positive addition to the mix of uses in the Claremont Village. The project’s conditions of approval listed in the resolution also gives the City of Claremont the authority to revoke the subject CUP if it is discovered that the operators of the use are violating regulations or any condition(s) of approval. Furthermore, the proposed use is subject to the operating conditions set by the California Department of Alcoholic Beverage Control (ABC), which regulates and monitors the manner in which alcoholic beverages are sold.
CEQA REVIEW
The proposed project, approval of a CUP to allow alcohol sales and service for a new restaurant in an existing tenant space, is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1) for existing facilities, in that the project entails the leasing and operation of a tenant space within an existing retail structure and negligible expansion of use beyond that which currently exists. Therefore, no further environmental review is required under CEQA. 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. If you desire a copy, please contact Nhi Atienza at natienza@claremontca.gov.
On Thursday, October 8, 2026 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:
David Crabtree Christopher Veirs
Interim Community Development Director City Planner
Prepared by:
Esperanza Mayorga
Planning Intern
Attachments:
A - Draft Resolution
B - Business Description and Menu
C - Site and Floor Plan