TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 16, 2025
SUBJECT:
Title
REQUEST FOR A CONDITIONAL USE PERMIT (FILE #22-C04AMD) FOR MUSIC ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA-FIDE EATING ESTABLISHMENT, LOCATED IN THE CLAREMONT VILLAGE AT 235 NORTH YALE AVENUE. APPLICANT - LA POPULAR RESTAURANT.
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SUMMARY
La Popular Restaurant has submitted an application for a Conditional Use Permit (CUP) amendment to allow for various forms of music entertainment in conjunction with the existing eating establishment located at 235 North Yale Avenue. The proposed entertainment includes live music with amplification every Tuesday from 6:00 PM to 11:00 PM and general amplified music through the restaurant sound system from 6:00 PM to 11:00 PM on weekdays and until midnight on weekends. Staff finds that the required CUP findings can be met and that the proposed indoor entertainment will positively contribute to the business’s overall success and the vitality of the surrounding area while remaining compatible with adjacent land uses through continued operational controls and conditions.
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 AMENDMENT #22-C04AMD, A REQUEST FOR MUSIC ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA-FIDE EATING ESTABLISHMENT, LOCATED IN THE CLAREMONT VILLAGE AT 235 NORTH YALE AVENUE. APPLICANT - LA POPULAR RESTAURANT; 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.
B. Approve the project with additional or revised Conditions of Approval.
C. Express an intent to deny CUP #07-C09AMD in its entirety, specifically identifying the findings of Section 16.303.040 of the CMC that cannot be met, and continue the item to January 6, 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 project site is a rectangular commercial property of approximately 15,776 square feet, located at the southwest corner of North Yale Avenue and West Bonita Avenue. The property has a zoning designation of Claremont Village Overlay District (CVO) and a corresponding General Plan designation of Claremont Village (CV). Located in the heart of Village, uses adjacent to the subject site include 42nd Street Bagel and Viva Madrid to the south, and the Bonita Yale Plaza to the north across Bonita Avenue. The Union on Yale and House of Pong restaurants are located across Yale Avenue to the east of the subject site, while an alley abuts the subject property to the west, with a real estate office on the other side of the alley.
In 2022, La Popular obtained CUP File #22-C04 to allow for the sale of a full line of alcohol and a new outdoor dining area. The purpose of this CUP is to include music entertainment and to establish conditions of approval.
Although the application submitted to the City requested only Tuesdays, the restaurant currently provides live music for its customers on Tuesdays and Sundays from 6:00 PM to 11:00 PM. The City has received numerous complaints over the last year from nearby businesses and the general public due to nuisance noise that is negatively impacting the immediate area. Although there are only three formal noise complaints documented by the Claremont Police Department at La Popular, staff is aware of several additional informal complaints.
Project Description
La Popular Restaurant is requesting approval of a Conditional Use Permit (CUP) to allow for recurring live music entertainment and amplified music in conjunction with its existing restaurant operations. The proposed live music would occur every Tuesday from 6:00 PM to 11:00 PM and would be conducted within the interior of the restaurant. Any music played in the outdoor patio area is limited to the installed speakers at a decibel rating that complies with the environmental protection standards found in Claremont Municipal Code Chapter 16.154.020.D.1. Additionally, the restaurant proposes to play amplified music through speakers as part of its normal business operations.
All music entertainment and amplification would be subject to operational conditions to ensure compatibility with surrounding land uses. No structural modifications or expansion of the existing building footprint are proposed as part of this request. The proposed entertainment is intended to enhance the dining atmosphere and overall customer experience while maintaining consistency with applicable noise ordinances.
Concerns
Staff has received concerns regarding La Popular’s existing practice of playing amplified music at excessive volume levels while the garage-style roll-up doors on the north and east sides of the building are open to the outdoor patio and sidewalk areas. This has resulted in the outward projection of sound beyond the interior of the restaurant and has caused significant disruption to neighboring businesses within the Claremont Village downtown area. Unlike fully enclosed indoor music, the open-door configuration creates the entertainment into an outdoor sound source, increasing the potential for noise spillover and adverse impacts to adjacent commercial uses.
To address these concerns, staff included conditions of approval requiring that all live and amplified music be maintained at a volume that is limited beyond the property line and that the garage-style doors remain closed during live music performances and periods of amplified music, except for ingress and egress. Additional measures may include the installation of a decibel-limiting device and routine noise monitoring by restaurant staff. These conditions would ensure that entertainment activities remain compatible with the surrounding environment while still allowing the restaurant to provide music as part of its operations.
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 with regard to the proposed music entertainment at the existing restaurant and proposed location as identified in the draft resolution (Attachment A). Staff believes that the entertainment will enhance the overall dining experience and positively contribute to the long-term performance of both the restaurant and 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.
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 proposed project 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.
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@claremontca.gov.
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 - Draft Resolution
B - CUP File #22-C04
C - CUP Signed Resolution # 2022-05
D - Floor Plan