TO: ADAM PIRRIE, CITY MANAGER
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 13, 2026
Reviewed by:
City Manager: AP
SUBJECT:
Title
CITY COUNCIL REVIEW OF THE PLANNING COMMISSION’S DECISION TO AMEND THE EXISTING CONDITIONAL USE PERMIT (FILE #22-C04AMD) ALLOWING MUSIC ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA-FIDE EATING ESTABLISHMENT FOR THE LA POPULAR RESTAURANT, LOCATED IN THE CLAREMONT VILLAGE, 235 NORTH YALE AVENUE
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SUMMARY
On December 16, 2025, the Planning Commission approved an amendment to the existing Conditional Use Permit (CUP) for La Popular Restaurant to allow live music entertainment (consisting of one- to three-piece music groups and general amplified music) two days per week and up to four DJ-hosted music events per year. On December 22, 2025, Councilmember Corey Calaycay requested a City Council review of the Planning Commission’s decision.
RECOMMENDATION
Recommended Action
Staff recommends the City Council:
A. Review and affirm the Planning Commission’s decision approving the amendment to Conditional Use Permit File #22-C04AMD; 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, there are the following alternatives:
A. Affirm the Planning Commission’s approval of the Amendment to Conditional Use Permit (File #22-C04AMD), but modify the terms of the approval, such as the hours and/or days live music entertainment and/or DJ-hosted events are permitted, or enforcement mechanisms for potential violations of CUP conditions.
B. Reverse the Planning Commission’s approval of the Amendment to Conditional Use Permit #22-C04AMD, specifically identifying the reasons the required findings under CMC 16.303.040 A., for Conditional Use Permits cannot be made, and continue the matter to January 27, 2026 to allow staff to prepare a resolution for denial.
C. Take no action. The Planning Commission’s approval of the Amendment to Conditional Use Permit (#22-C04AMD) will become final.
D. Continue the item, preferably to a date certain (e.g., to give staff time to gather additional information).
FINANCIAL REVIEW
The staff cost to prepare this report is estimated at $1,686 and is included in the operating budget of the Community Development Department.
ANALYSIS
The City recently received noise complaints about live music entertainment (mainly bands and music groups) and DJ-hosted events at certain restaurants within the Claremont Village. In response, the City’s Community Improvement staff issued an administrative citation for unpermitted live music at La Popular in June of 2025 which was ultimately paid by the property owner. In addition, Planning Division staff provided verbal courtesy notices to the restaurants that generated complaints that these activities are not permitted by their Conditional Use Permits. Staff encouraged the restaurants that wanted to continue these activities to apply for amendments to their Conditional Use Permits for the Planning Commission’s review and consideration.
La Popular Restaurant is an eating establishment located at 235 North Yale Avenue. La Popular submitted an application for an amendment to its Conditional Use Permit (File #07-C09AMD) to allow for various forms of music entertainment in conjunction with the existing eating establishment located at 235 North Yale Avenue. Specifically, La Popular requested the CUP be amended to allow:
1. Live music with amplification every Tuesday and Sunday from 6:00 PM to 11:00 PM (as well as general amplified music through the restaurant's sound system from 6:00 PM to 11:00 PM on weekdays and until midnight on weekends); and
2. DJ-hosted events.
City staff recommended approval of live music on Tuesday and Sunday from 6:00 PM to 11:00 PM, but City staff did not recommend approval of DJ-hosted events. At the Planning Commission’s public hearing on the CUP amendment, La Popular’s representative indicated that the restaurant did not plan to have more than four DJ-hosted events per year. After holding a public hearing, the Planning Commission approved a Resolution that approved live music on Tuesday and Sunday from 6:00 PM to 11:00 PM and allowed up to four DJ-hosted events per year. The Planning Commission also included in their Resolution the flexibility for the Community Development Director to approve a change in the days music can be conducted, should La Popular wish to change from the approved Tuesdays and Sundays. The Resolution would not allow the Community Development Director to permit music on any more than the currently allowed two days per week.
The Planning Commission’s Resolution requires that live music entertainment be conducted wholly indoors and that the exterior roll-up doors and front door remain closed during times when live music is performed. Consistent with the existing CUP, the Planning Commission’s Resolution also requires that noise (including live music and DJ-hosted events) not exceed the noise levels of 60 dBA from 10:00 PM to 7:00 AM, and 65 dBA from 7:00 AM to 10:00 PM, as measured ten feet from the exterior of the restaurant, and at the property line along the south wall. The Planning Commission’s Resolution continues to allow sales of alcohol during the business days and hours of Monday through Friday, 11:00 AM to 1:00 AM, and Saturdays and Sundays from 10:00 AM to 1:00 AM.
The December 16, 2025 Planning Commission staff report, approved resolution, draft minutes, and public comment are included as attachments to this report as Attachments A-D.
The City received a number of complaints about the music at La Popular, some of which expressed concern about the potential impacts on surrounding businesses. Members of the City Council have the ability to call up any decision of the Planning Commission for City Council review. Councilmember Calaycay requested City Council review of the Planning Commission’s approval of the amendments to La Popular’s CUP. The City Council may discuss the conditions imposed by the Planning Commission, as well as the enforcement mechanisms included in the Commission’s Resolution to address future violations of the CUP’s conditions, should they occur. The City Council has the authority to amend the conditions approved by the Planning Commission.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it applies to the following City Planning Documents: General Plan.
CEQA REVIEW
The Planning Commission determined that the proposed music entertainment and DJ-hosted events are categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 (Class 1) for existing facilities. The CUP Amendment consists of allowing limited indoor music entertainment within an existing restaurant tenant space and does not involve any physical expansion of the structure or intensification of use beyond established commercial activity. Therefore, no further environmental review is necessary.
COUNCIL COMMITTEE/COMMISSION REVIEW (optional)
The Planning Commission considered this item at a public hearing on December 16, 2025.
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 copy, please contact the City Clerk’s Office.
Submitted by:
Brad Johnson
Community Development Director
Attachments:
A - Planning Commission Staff Report - December 16, 2025
B - Planning Commission Resolution - December 16, 2025
C - Draft Planning Commission Minutes - December 16, 2025
D - Planning Commission Public Comment