TO: ADAM PIRRIE, CITY MANAGER
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: SEPTEMBER 8, 2026
Reviewed by:
City Manager: AP
SUBJECT:
Title
AMENDMENT TO CLAREMONT MUNICIPAL CODE SECTION 16.093.040 PERTAINING TO EXISTING DRIVE-THROUGH RESTAURANT FACILITIES
Body
SUMMARY
The matter before the City Council is a public hearing to consider adoption of an ordinance amending Section 16.093.040 (Performance Standards) of Chapter 16.093 (Drive-Through Restaurant Facilities) of the Claremont Municipal Code (CMC).
The proposed amendment would establish a limited exception to the current requirement that drive-through restaurant facilities maintain a minimum separation of 300 feet from residential districts or residential development. Specifically, the amendment would clarify that the 300-foot separation requirement, as well as the City's restrictions applicable to legal nonconforming uses under Chapter 16.400, do not apply to drive-through restaurant facilities that were lawfully established but later became nonconforming as a result of either a subsequent zone change or the construction of residential development within 300 feet of the facility.
Under the proposed amendment, these existing legal nonconforming drive-through facilities could be modified or expanded, subject to the requirements of Section 16.303.080, which requires approval of an amendment to the Conditional Use Permit (CUP) for the facility. The CUP process would ensure continued City oversight of site design, circulation, operational impacts, and compatibility with surrounding land uses.
On July 7, 2026, the Planning Commission conducted a public hearing to consider the proposed ordinance and adopted a resolution recommending City Council approval of the amendment by a 6-0 vote, with one commissioner absent.
The City Council is now being asked to conduct a public hearing and adopt the proposed ordinance (Attachment A), amending Section 16.093.040 (Performance Standards) of Chapter 16.093 (Drive-Through Restaurant Facilities) of the Claremont Municipal Code.
RECOMMENDATION
Recommended Action
Staff recommends the City Council:
A. Introduce for first reading and that reading be by title only, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, AMENDING CLAREMONT MUNICIPAL CODE CHAPTER 16.093 - DRIVE-THROUGH RESTAURANT FACILITIES, SECTION 16.093.040 (PERFORMANCE STANDARDS) TO ALLOW MODIFICATIONS TO EXISTING DRIVE-THROUGH RESTAURANT FACILITIES THAT BECAME LEGAL NONCONFORMING USES AFTER A ZONE CHANGE OR RESIDENTIAL DEVELOPMENT WITHIN 300 FEET OF THE PRE-EXISTING DRIVE-THROUGH FACILITY (#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 above recommendation, the following alternatives have been identified:
A. Make changes to the draft ordinance and remand it back to the Planning Commission for additional review and recommendation.
B. Continue the item for additional information and schedule the proposed code amendment for review at a future meeting of the City Council.
C. Take no action.
FINANCIAL REVIEW
The cost to prepare the draft Code Amendment pertaining to Existing Drive-Through Restaurant Facilities (26-CA01) is estimated at $5,250 and is included in the operating budget of the Community Development Department.
BACKGROUND
Drive-through restaurant facilities are currently regulated under Chapter 16.093 (Performance Standards) of the Claremont Municipal Code. Section 16.093.020 limits new drive-through facilities to the CF (Commercial Freeway) District, subject to approval of a Conditional Use Permit.
Additionally, Section 16.093.040 requires all drive-through restaurant 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 restaurant 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), legal nonconforming uses may continue to operate but are generally prohibited from expanding or intensifying. This has created limitations for older, existing drive-through restaurant facilities seeking to modernize, improve circulation, or otherwise adapt to current business needs. The proposed amendment is intended to address this unintended constraint by allowing modifications to such facilities without requiring compliance with the 300-foot separation standard, provided the drive-through was lawfully established before becoming nonconforming.
At present, staff has identified only two properties within the City that would be directly affected by this amendment: the McDonald's restaurant located at 860 South Indian Hill Boulevard and the Starbucks coffeehouse located at 810 South Indian Hill Boulevard, both in the Commercial Freeway District.
Analysis
The proposed amendment is narrowly tailored to address a specific class of legal nonconforming uses. It does not expand the area in which new drive-through restaurant facilities may be established, nor does it alter the requirement that all new drive-through restaurant 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 vehicle stacking, reduced on-site circulation conflicts, reduced potential for impacts to off-site circulation, modernization of aging facilities, and operational improvements that may reduce impacts on adjacent streets.
Importantly, the proposed amendment would not grant automatic entitlement for expansion. 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 as described in CMC Section 16.303.080. 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 and conditions can be enforced on a continuous basis.
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 the City Council adopt the proposed code amendment as it 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 drive-through restaurant facilities that became nonconforming through subsequent zoning changes or nearby residential development to modernize and improve operational functionality.
Additionally, the amendment does not expand where new drive-through restaurant facilities may be established, as such uses would remain limited to the 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.
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 Claremont General Plan, including Goal 3-1, Policy 3-1.2, Goal 3-2, and Goal 3-6 of the Economic Development/Fiscal Element. These goals and policies focus on the maintenance of a strong, diversified economic base and the ongoing support of existing businesses in the City.
CEQA REVIEW
The proposed 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. To the extent, the change to existing drive through restaurant facilities could result in a reasonably foreseeable indirect physical changes in the environment (i.e., it would allow for additional expansion, modification or intensity), future modifications to existing drive through restaurant facilities would require separate analysis under CEQA and are generally categorically exempt from CEQA Guidelines under sections 15301 (Existing Facilities, Minor Alterations). In addition, modifications to existing drive through facilities would require approval of a Conditional Use Permit (or a modification to Conditional Use Permit) to ensure that it does not unduly impact the character of the existing commercial zone. At that time, the City would evaluate whether the proposal is subject to further environmental review (versus exempt). Accordingly, the proposed Code Amendment will not result in direct physical changes, nor will it indirectly result in a significant effect on the environment and is not subject to further environmental review.
COMMISSION REVEW
On July 7, 2026, the Planning Commission held a duly noticed public hearing on the proposed Code Amendment and voted 6-0, with one Commissioner absent, to recommend approval by the City Council (Attachment A). The approved Planning Commission Resolution and meeting minutes are included as Attachments E and F, respectively.
PUBLIC NOTICE PROCESS
On Friday, August 14, 2026, notice of the public hearing was published in the Claremont Courier as a display ad. 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.
Note: As of January 1, 2025, California law (AB 2904) requires cities to provide at least 20-day notice for public hearings on zoning ordinances or amendments that affect the permitted uses of real property. This is an increase to the previous 10-day requirement.
Submitted by: Prepared by:
Brad Johnson Jordan Goose
Community Development Director Associate Planner
Attachments:
A - Draft Ordinance Amending CMC Section 16.093.040 (Performance Standards)
B - Chapter 16.093 Drive-Through Restaurant Facilities
C - Chapter 16.400 Nonconformities
D - Zoning Map - Commercial Freeway Zoning District
E - PC Resolution 2026-10
F - PC Meeting Minutes of July 7, 2026