TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: April 1, 2025
SUBJECT:
Title
REVOCATION OF CONDITIONAL USE PERMIT FILE #18-C11, REVIEW OF REVOCATION OF AN EXISTING CONDITIONAL USE PERMIT FOR THE ON-SITE AND OFF-SITE SALE OF BEER AND WINE AND AN OUTDOOR PATIO AREA DUE TO DISCONTINUATION OF USE AND NONCOMPLIANCE WITH CONDITIONS OF APPROVAL LOCATED AT 221 NORTH YALE AVENUE - APPLICANT - CITY OF CLAREMONT
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SUMMARY
The City of Claremont is initiating the revocation of Conditional Use Permit (CUP) File #18-C11. This CUP was initially approved on September 18, 2018 for WeOlive, a retail food business, to permit the on-site sale and consumption of beer and wine, the retail sale of beer and wine for off-site consumption, and a 243-square foot outdoor patio seating area. WeOlive has ceased operations at 221 Yale Avenue since 2023. City business license records show the license to be officially closed as of September 2023, but the business likely stopped operations earlier in the year, near February 2023. Condition #3 of Planning Commission Resolution No. 2018-14 states that if the use for which the CUP was granted is discontinued for a period of 12 months or more, the use shall not be re-established and the matter shall be referred to the Planning Commission to initiate the proceedings for the revocation of the CUP. Additionally, conditions #12, 13, and 14, which require rehabilitation of the rear surface parking lot, new landscape areas with irrigation, and new light fixtures, were never completed. For these reasons, Staff believes that revocation of CUP #18-C11 is consistent with the Claremont Municipal Code (CMC).
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING REVOCATION OF AN EXISTING CONDITIONAL USE PERMIT DUE TO DISCONTINUATION OF USE AND NONCOMPLIANCE WITH CONDITIONS OF APPROVAL LOCATED AT 221 NORTH YALE AVENUE. APPLICANT - CITY OF CLAREMONT; 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. Continue the item for additional information.
B. Express an intent to deny the revocation of CUP #18-C11 and continue the item to April 15, 2025, for adoption of a denial resolution.
FINANCIAL REVIEW
The cost to prepare the report is approximately $ 477.36 and is included in the operating budget of the Community Development Department.
ANALYSIS
Background
On September 18, 2018, CUP #18-C11 was approved through Planning Commission Resolution No. 2018-14 for WeOlive, a retail food business specializing in olive oils and complementary products, including wine and beer, which also featured an open kitchen area. The CUP allows for the sale of beer and wine for on-site and off-site consumption and an outdoor patio seating area. This business operated from 2018 to 2023, and the business license was officially closed in September 2023.
During WeOlive’s operation, the pandemic-related lockdowns severely affected local businesses’ stability. For this reason, the City relaxed certain regulations in an attempt to mitigate further stresses on the economic vitality of local businesses. In the aftermath of the lockdown, the City reengaged in enforcing regulations and has been in contact with the property owner since 2023 to complete the necessary site improvements required through conditions #12, 13, and 14 to keep the CUP valid for a future tenant to utilize. However, the work has not been completed, and the property owner has not been willing to cooperate with the City to meet the required conditions.
Basis for Recommendation
CMC Section 16.303.070 states that when the use for which a CUP was granted is discontinued for a period of 12 months or more, the use shall not be re-established unless a new CUP is granted. Furthermore, CMC Section 16.303.080.D. states that a CUP may be revoked if the Planning Commission finds that one or more of the conditions of the CUP have not been substantially complied with. Staff find these criteria to be the basis for the revocation of a CUP to be met.
CEQA REVIEW
This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), in that the project involves an action by the City to revoke an entitlement issue by the City as an enforcement of the Claremont Municipal Code. 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 copy, please contact Nhi Atienza at natienza@claremontca.gov.
As a courtesy, notice of this meeting was mailed to properties adjacent to the subject property on March 20, 2025. A copy of this report has been sent to the applicant and other interested parties.
Submitted by: Prepared by:
Brad Johnson Daniel Kim
Community Development Director Assistant Planner
Attachments:
A - Draft Resolution
B - Planning Commission Resolution No. 2018-14