TO: CLAREMONT PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JULY 7, 2026
SUBJECT:
Title
REVIEW OF A PROPOSED AMENDMENT TO THE CLAREMONT MUNICIPAL CODE PERTAINING TO EXISTING DRIVE-THROUGH FACILITIES (#26-CA01). CITY-INITIATED
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SUMMARY
The Planning Commission is being asked to conduct a public hearing and consider a recommendation to the City Council regarding a proposed code amendment to Chapter 16.093 - Drive-Through Restaurant Facilities, Section 16.093.040 (Performance Standards) of the Claremont Municipal Code related to restaurant drive-through facilities.
The proposed municipal code amendment would establish an exception that would allow modifications to existing restaurant drive-through facilities located within the minimum separation requirement of 300 feet from residential districts or residential development. Specifically, the amendment would clarify that the 300-foot separation requirement, in conjunction with the City’s restrictions applicable to legal nonconforming uses under Chapter 16.400 Nonconformities, would not apply to restaurant drive-through facilities that were lawfully established but later became nonconforming due to either a subsequent zone change or the construction of residential development within 300 feet of the facility.
Any significant modifications made as a result of the amendment would continue to be subject to approval of a Conditional Use Permit (CUP) or amendment to an existing CUP. The CUP process will maintain City discretion and ongoing oversight of the drive-through use, including site design, circulation, and neighborhood compatibility issues such as noise, light, traffic, and other considerations.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission:
A. Approve A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT AN AMENDMENT TO THE CLAREMONT MUNICIPAL CODE CHAPTER 16.093 - DRIVE-THROUGH RESTAURANT FACILITIES (#26-CA01); 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. Approve the attached resolution with changes as agreed upon by the Planning Commission.
B. Continue the item for additional information and schedule the proposed code amendment for review at a future meeting of the Planning Commission.
FINANCIAL REVIEW
The cost to review this application has been borne by the City.
BACKGROUND
Restaurant drive-through facilities are currently regulated under Chapter 16.093 (Drive-Through Restaurant Facilities) of the Claremont Municipal Code. Chapter 16.093 (Drive-Through Restaurant Facilities) is included as Attachment B. Section 16.093.020 limits new drive-through facilities to the CF (Commercial Freeway) District, subject to approval of a Conditional Use Permit. Section 16.093.040 requires all restaurant drive-through facilities to maintain a minimum separation of 300 feet, or be separated by a freeway, from any residential district or residential development. This standard is intended to minimize land use conflicts related to noise, traffic, lighting, and operational impacts.
In some cases, drive-through facilities that were lawfully established in compliance with the Code may subsequently become nonconforming due to changes in zoning or new residential development occurring nearby. Under Chapter 16.400 (Nonconforming Uses), which is included as Attachment C, legal nonconforming uses may continue to operate but are generally prohibited from expanding or intensifying. This has created limitations for older, existing drive-through facilities seeking to modernize, improve circulation, or otherwise adapt to current business needs. The proposed amendment is intended to clarify this circumstance by allowing modifications to existing facilities without requiring compliance with the 300-foot separation standard, provided the drive-through was lawfully established before becoming nonconforming.
Staff has identified only two existing properties that could be directly affected by this amendment: the McDonald's restaurant located at 860 South Indian Hill Boulevard and Starbucks coffeehouse located at 810 South Indian Hill Boulevard. Both are located in the CF District and operate existing, lawfully established drive-throughs and have been granted CUPs by the City.
ANALYSIS
The proposed amendment is narrowly tailored to address a specific class of legal nonconforming uses. It does not expand the areas in which new drive-through facilities may be established, nor does it alter the requirement that all new restaurant drive-through facilities be located in the CF District and obtain a CUP. Instead, the amendment recognizes that certain facilities became nonconforming through circumstances outside the property owner’s control, such as City-initiated rezoning actions or subsequent residential development nearby. In these cases, the existing operator may face practical limitations in improving site circulation, increasing operational efficiency, or making physical improvements that could reduce congestion or improve safety.
Allowing modifications to these facilities could provide several benefits, including improved vehicular stacking, reduced on-site circulation conflicts, modernization of aging facilities, and operational improvements that could reduce impacts on adjacent streets. Under the current code, these types of upgrades would likely be precluded.
Importantly, the proposed amendment would not grant automatic entitlement for undesirable changes or significant expansions. Any modification, including the addition of drive-through lanes or physical expansion of the facility, would remain subject to review and approval through the Conditional Use Permit process. This ensures that site-specific impacts such as traffic flow, noise, lighting, hours of operation, and compatibility with surrounding land uses can be evaluated on a case-by-case basis. Through the CUP process, the City retains discretion and decision-making authority of these uses and can revoke the permits if businesses do not comply with the conditions of the permit.
From a policy standpoint, the amendment provides flexibility for existing businesses while maintaining discretionary review authority. Staff finds that this approach balances economic viability and reinvestment in commercial properties with the City’s continued ability to protect nearby residential uses.
BASIS FOR RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of the proposed municipal code amendment because the amendment is consistent with the goals and policies of the General Plan by supporting the continued economic viability and reinvestment of existing commercial uses while maintaining compatibility with surrounding land uses through discretionary review. The amendment establishes a reasonable mechanism for lawfully established restaurant drive-through facilities that became nonconforming through subsequent zoning changes or nearby residential development to modernize and improve operational functionality. Additionally, the amendment does not expand the area where new drive-through facilities may be established, as such uses would remain limited to the CF Commercial Freeway District and subject to Conditional Use Permit approval. The proposed amendment also preserves the City’s ability to evaluate and address site-specific impacts, including circulation, noise, and compatibility concerns, through the Conditional Use Permit process. A map of the CF Zone is attached (Attachment D).
CEQA REVIEW
The proposed municipal code amendment is not a project under California Environmental Quality Act (CEQA) sections 15061(b)(2) and 15061(b)(3) of the Guidelines. On its own, the proposed Code Amendment will not result in a direct physical change to the environment because it only applies to existing restaurant drive-through facilities. If the Code Amendment is approved, modifications to existing restaurant drive-through facilities would require discretionary approval of a conditional use permit or an amendment to a conditional use permit. While those decisions would be subject to CEQA, the anticipated projects would be relatively minor and therefore likely to be categorically exempt from CEQA Guidelines under sections 15301 (Existing Facilities, Minor alterations).
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.
Submitted by: Reviewed by:
Brad Johnson Christopher Veirs
Community Development Department City Planner
Prepared by:
Jordan Goose
Associate Planner
Attachments:
A - Draft Resolution
B - Chapter 16.093 Drive-Through Restaurant Facilities
C - Chapter 16.400 Nonconformities
D - Map of the CF Zoning District and Vicinity