TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: April 1, 2025
SUBJECT:
Title
REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (FILE #12-C02AMD) TO ALLOW FOR THE SALE OF A FULL LINE OF ALCOHOLIC BEVERAGES (DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE-47 FULL LIQUOR LICENSE) IN CONJUNCTION WITH A BONA-FIDE EATING ESTABLISHMENT IN AN EXISTING RESTAURANT SPACE, PETISCOS, LOCATED AT 211 WEST FIRST STREET. APPLICANTS - LAURA CAYLEY AND ISIDRO GUTIERREZ
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SUMMARY
Laura Cayley and Isidro Gutierrez, the applicants, have submitted an application to amend an existing Conditional Use Permit (CUP) to allow for the sale and service of a full line of alcoholic beverages for onsite consumption (with a California Department of Alcoholic Beverage Control Type-47 liquor license) in conjunction with an existing bona-fide eating establishment. The original CUP approved in 2012 allowed for the sale and service of beer and wine only. The current request is to allow for the sale and service of a full line of alcoholic beverages which includes beer, wine, and distilled spirits.
Petiscos is a locally owned Mexican cantina style restaurant with long-standing roots in the Claremont Village, having operated out of the existing building located at 211 West First Street since 2013. The restaurant currently occupies the site’s small historic structure and includes an outdoor seating area and accessory bathroom structure located near the rear of the property.
Staff believes that all the required CUP findings can be met by the project and that the existing restaurant, with alcohol service, will continue to 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, CALIFORNIA APPROVING CONDITIONAL USE PERMIT #12-C02AMD, ALLOWING FOR THE SALE AND SERVICE OF A FULL LINE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT (RESTAURANT) AND OUTDOOR PATIO DINING AREA, LOCATED AT 211 WEST FIRST STREET. APPLICANT -LAURA CAYLEY AND ISIDRO GUTIERREZ; 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 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-C02AMD in its entirety, specifically identifying the findings of Sections 16.060.030.B and 16.303.040 of the CMC that cannot be met and continue the item to April 15, 2025 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 a rectangular property of approximately 2,793-square feet located near the southeast corner of North Harvard Avenue and West First Street. The subject site is located in the Claremont Village (CV) zoning district, which is intended to encourage a complementary mix of small-scale retail stores, commercial services, restaurants, offices, and civic uses within a small-town, pedestrian-oriented district. The property has a corresponding General Plan designation of Claremont Village. Located in the heart of the Village, uses surrounding the subject property include Jax Bicycle Center to the west, Finney’s Restaurant to the north, the Claremont Depot to the south, and Ahmad Shariff Art Gallery to the east.
Constructed in 1887, the building on site is one of the oldest structures in the City and is listed on the Register Site of Historic and Architectural Merit in Claremont (Claremont Register). The historic structure was originally constructed as a real estate office and then became the second ticket office for the Pacific Electric Railroad. Prior to its existing use as a restaurant, the site also housed various retail and real estate uses. The existing site consists of the historic 240-square-foot building, the existing 166-square-foot bathroom structure, and the associated outdoor seating area, which is approximately 460 square feet. All the available seating for customers is located outside and secured by six-foot-high wood fencing and landscaping features.
The Claremont Municipal Code (CMC) permits the on-site sale of alcoholic beverages in conjunction with a bona fide public eating place, as defined in the State Business and Professions Code Section 23038 and with the approval of a CUP, pursuant to Chapter 16.303 in the Claremont Municipal Code. Such eating places should always make meals available to patrons when serving alcoholic beverages. The term “meals” refers to the usual assortment of food commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed in compliance with this requirement.
Prior to the sale of alcohol at the site, approvals are required from the City of Claremont, Department of Alcoholic Beverage Control (ABC), and the Los Angeles County Department of Health.
Currently, no applications are being reviewed for any proposed changes to the site.
Project Description
Petiscos is a locally owned Mexican cantina style restaurant located in the Claremont Village, having operated out of the existing building located at 211 West First Street since 2013. The restaurant serves prepared-from-scratch food that is paired with craft beers and wine. Petiscos’ current food and drink menu is provided as Attachment D.
The below bullet points summarize Petiscos’s proposal for 211 West First Street:
• The sale and service of a full line of alcoholic beverages for on-site consumption in conjunction with a bona-fide restaurant having a full-service kitchen at all times alcohol is being served.
• Hours of operation:
o Sunday through Thursday: 8:00 AM - 8:00 PM
o Friday and Saturday: 8:00 AM - 9:00 PM
• Number of Employees: 9
Parking
The subject property is allocated a parking credit of five spaces and previous and future users of the building must rely on public parking available on-street and in City-owned parking lots at the interior of the block, and surrounding blocks. Pursuant to CMC Section 16.060.030.A, the parking requirement for restaurants in the Claremont Village Overlay (CVO) District is one parking space for each 150 square feet of net indoor dining area. With an interior dining area of approximately 240 square feet, there is a parking requirement of two spaces. Additionally, the parking requirement for outdoor seating areas in the Claremont Village (CV) District is one parking space for each 200 square feet of net outdoor dining area. With an outdoor dining area of approximately 420 square feet, there is a parking requirement of three spaces. In total, there are five parking spaces required for the site. This requirement was satisfied in conjunction with the approval of the original CUP by which the applicant provided payment for the required parking space credits.
Therefore, the required parking credit is satisfied. With that, AB 2097, a state law that went into effect on January 1, 2023, prohibits jurisdictions from enforcing minimum parking requirements for projects located within a ½-mile of a Major Transit stop, such as the Claremont Metrolink station. In either case, Petiscos’ customers and employees must rely on public parking resources to maintain available parking for Petiscos’ customers and other patrons of Village businesses.
BASIS FOR RECOMMENDATION
The approval of a CUP requires that the Planning Commission make certain findings as set forth in Section 16.303.040 of the CMC. Staff has determined that all the findings can be made to allow the on-site sale of alcohol for Petiscos as identified in the draft resolution (Attachment A). As a long-standing business in the Claremont Village community, Staff believes that Petiscos will continue to be a positive addition to the vibrant mix of uses found in the Village. The location provides a friendly and safe outdoor environment for patrons and the request for full beverage service will not result in any changes to the existing premises or location. The operation of a restaurant in the Claremont Village is consistent with the General plan and applicable zoning. The Claremont Police Department has also confirmed that there have been no issues with the existing site. The project’s conditions of approval listed in the resolution also give the City of Claremont the authority to revoke the subject CUP if it is discovered that the operators of the existing use are violating state regulations or any condition(s) of approval. Moreover, the proposed use is subject to the operating conditions imposed by the California Department of Alcoholic Beverage Control (ABC), which regulates and monitors the manner in which alcoholic beverages are sold.
CEQA REVIEW
The Community Development Director has determined that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Class 1) for existing facilities, in that the project entails the continuation and minor expansion of a previously existing use within a private structure involving a negligible expansion of use beyond that which currently exists. The project does not entail any interior or exterior modifications to a building that is listed on the Register of Structures of Historic and Architectural Merit of the City of Claremont, therefore, the exception to the Categorical Exemption pertaining to historic resources (Section 15300.2) does not apply as allowing the full sale and service of a full line of alcoholic beverages will not result in a substantial adverse change in the significance of the historic resource. 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 natienza@claremontca.gov.
On Thursday, March 20, 2025 the property was posted and written notices were mailed to property owners within 300 feet of the boundaries of the site. Notice of the Planning Commission hearing was also published in the March 21, 2025 edition of the Claremont Courier. Copies of this staff report have been sent to the applicant and other interested parties. Additionally, copies of the submitted plans are being held at the Public Counter at City Hall for review.
Submitted by: Prepared by:
Brad Johnson Jordan Goose
Community Development Director Assistant Planner
Attachments:
A - Draft Resolution
B - Site Plan
C - Justification Statement
D - Petiscos Food and Beverage Menu
E - CUP #12-C02