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File #: 25-307    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 9/9/2025 In control: Planning Commission
On agenda: 9/16/2025 Final action:
Title: REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (FILE #99-C09AMD) TO AMEND THE APPROVED FLOOR PLAN AND ADD ENTERTAINMENT USES AT AN EXISTING ABC LICENSED BONA-FIDE EATING ESTABLISHMENT IN AN EXISTING RESTAURANT SPACE, WALTER'S RESTAURANT, LOCATED AT 310 YALE AVENUE. APPLICANT - NANGYALAI GHAFARSHAD
Attachments: 1. Draft Resolution, 2. Proposed Plan Set, 3. Justification Statement, 4. Walter's Food and Beverage Menu, 5. Resolution No. 99-17, 6. File #06-MP11, 7. Resolution No. 09-07
TO: PLANNING COMMISSION

FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR

DATE: SEPTEMBER 16, 2025


SUBJECT:

Title
REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (FILE #99-C09AMD) TO AMEND THE APPROVED FLOOR PLAN AND ADD ENTERTAINMENT USES AT AN EXISTING ABC LICENSED BONA-FIDE EATING ESTABLISHMENT IN AN EXISTING RESTAURANT SPACE, WALTER'S RESTAURANT, LOCATED AT 310 YALE AVENUE. APPLICANT - NANGYALAI GHAFARSHAD
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SUMMARY

Nangyalai ("Nangy") Ghafarshad, the applicant, has applied to amend an existing Conditional Use Permit (CUP) to allow for a modified floor plan (bar expansion) and entertainment uses in conjunction with an existing bona-fide eating establishment. The existing CUP, approved in 1999, allowed for the sale and service of a full line of alcoholic beverages, including beer, wine, and distilled spirits, within the restaurant and outdoor seating area.

Walter's Restaurant is a locally owned continental fusion restaurant with long-standing roots in Claremont Village. It has operated out of the existing building at 310 Yale Avenue since 1973. The restaurant has significantly expanded over time to encompass the adjoining historic bungalow-style structures, creating a courtyard dining space and adding features such as a wine cellar, bakery, and outdoor seating area.

Staff believes that all the required CUP findings can be met by the project and that the existing restaurant will continue to 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 A REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT FILE #99-C09AMD TO AMEND THE FLOOR PLAN AND ADD ENTERTAINMENT USES AT AN EXISTING ABC LICENSED BONA-FIDE EATING ESTABLISHMENT IN AN EXISTING RESTAURANT SPACE, WALTER'S RESTAURANT, LOCATED AT 310 YALE AVENUE. APPLICANT - NANGYALAI GHAFARSHAD; 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, there are the following alternatives:

A. Continue the item for additional information;

B. Approve the proposal with revisions or revised Conditions of Approval; or

C. Express an intent to deny CUP #99-C09AMD 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 October 7, 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 27,000-square feet located at the northeast corner of North Yale Avenue and West Bonita Avenue. 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 Norema Caf? and 4 C's Finecraft Jeweler to the west, residential use and parking to the north, Bert & Rocky's to the south, and residential uses to the east.

The subject property has a long history of restaurant use. Walter's Coffee Shop was established in 1957 by Walter Boldig. The original restaurant served just 35 persons and shared the building with Hendricks Pharmacy. The mid-century modern building was designed by renowned local architect Foster Rhodes Jackson. In 1973, the business was purchased by Nangy and Fahima Ghafarshad. In the 52 years of ownership by the Ghafarshads, the restaurant has evolved into Walter's Restaurant, a full-service dining establishment offering continental fusion cuisine with Afghan influences. This expansion included encompassing four of six historic bungalow structures into the fabric of the restaurant. These bungalows were associated with addresses 314, 316, 322, and 324 Yale Avenue and are listed on the Register of Structures of Historic or Architectural Merit in Claremont (The Claremont Register). The restaurant has historically offered breakfast, brunch, lunch, dinner, late-night dining, and desserts.

Following a major fire in 1987, the restaurant was rebuilt and expanded to include a lounge, courtyard dining areas, and amenities such as a wine cellar, bakery, and outdoor seating. Most recently, a roof fire in August 2024 resulted in the current temporary business closure. The owners are currently working with the City to complete required inspections and repairs to enable reopening.

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.

Walter's Restaurant currently operates under a CUP from the City and holds a Type 47 license from the California Department of Alcoholic Beverage Control (ABC), authorizing the sale of beer, wine, and distilled spirits for on-site consumption, "Eating Establishment". In conjunction with rebuilding efforts following the 2024 fire, the owners propose to expand the bar area. This request requires an amendment to the existing CUP, providing an opportunity to reassess the restaurant's alcohol service operations since its last CUP approval in 1999.

The project site has a history of CUP approvals related to alcohol service:

* 1975 (CUP #1166): Approved on-site sale of beer and wine.
* 1978 (CUP #78-C010): Approved outdoor seating in conjunction with beer and wine service.
* 1999 (CUP #99-C09): Approved the sale and service of a full line of alcoholic beverages (Type 47 license) for on-site consumption in conjunction with a bona-fide eating establishment. The associated resolution is included as Attachment E.

Prior to resuming operations, approvals are required from the City of Claremont, Department of Alcoholic Beverage Control (ABC), and the Los Angeles County Department of Health. The approvals required include modifying the existing floor plan to enlarge the main bar area, which currently occupies the footprint of the original coffee shop counter, into the center of the bistro room of the restaurant.

Project Description

The existing restaurant offers a diverse menu and accommodates a wide range of events in addition to the traditional restaurant traffic, including wedding brunches, receptions, bar/bat mitzvahs, birthday celebrations, and business seminars. Walter's Restaurant current food and drink menu is provided as Attachment D.

The bullet points below summarize Walter's Restaurant proposal for 310 Yale Avenue:

* The continued sale and service of a full line of alcoholic beverages for on-site consumption in conjunction with a bona-fide restaurant and bar expansion having a full-service kitchen at all times alcohol is being served.
* Hours of operation:
> Monday through Wednesday: 9:00 AM - 10:00 PM
> Thursday through Sunday: 9:00 AM - 12:00 AM
* Event Types Requested:
> Live Bands and Performers
> DJs & Dancing
> Comedy Nights
> New Years Eve Party
> College Nights
> Easter Champagne Brunch Buffet
> Televised Sporting Events
> Watch Parties
> Private Parties including birthdays and wedding receptions
* Number of Employees:
> Weekdays: 12 employees
> Weekends, Holidays, Large Events: 20 Employees

Floor Plan Description

As part of this proposal the bar area of the restaurant is proposed to be expanded in tandem with the fire restoration work being done on the property. The bar expansion includes the addition of approximately nine additional seats around the bar area, doubling the size of the existing bar. The bar will now encompass a large portion of what was the bistro area at the entrance of the restaurant. Additionally, the entry way to the restaurant is proposed to be relocated to the historic entrance closer to West Bonita Avenue to the south as indicated on the floor plans provided in Attachment B.

Entertainment

In May of 2006, the Staff denied an Entertainment Permit (File #06-MP11) for Walter's Restaurant based on the nature of the entertainment, which was similar to a dance club accompanied by loud music (i.e., the bass line). In addition, the hours of operation were proposed to conclude at 1:00 AM, which was determined to be incompatible with the adjoining neighbors (single-family residential uses) directly to the east of the restaurant. This document has been provided as Attachment F.

Then, in 2008, the applicant requested approval for up to 25 special events per year, such as receptions and private parties. The events were not anticipated to adversely affect adjacent properties, parking, or traffic, and hours of operation were extended by one hour to 10:00 PM Sunday-Thursday and 11:00 PM Friday-Saturday. The owner agreed to limit entertainment noise to 75 decibels at the property line and notify surrounding properties, the City, and the Police Chief at least 48 hours before the start of each event. The Police Department expressed no opposition, provided all conditions were met, and the City retained authority to revoke the permit if necessary. This Entertainment Permit was valid until January 13, 2010 after which annual renewal would be required. To Staff's knowledge no subsequent renewal submittals following the expiration of this permit were submitted. The City Council Resolution has been provided as Attachment G.

The applicant is currently requesting to host special events and to extend the hours of the restaurant to 10:00 PM Monday-Wednesday and 12:00 AM Thursday-Sunday. The scheduled event would include occasions such as wedding brunches, receptions, bar/bat mitzvahs, birthday celebrations, and business seminars. In this application, the applicant did not specify which areas of the restaurant would be used for events but historically the events have been held in the patio dining area, the cottage dining rooms, and the bistro and bar area.

Parking

The subject property is allocated a parking credit of forty-three spaces. In 1978, Walter's Restaurant purchased six parking spaces. Then, in 1984, it purchased an additional twenty-nine "in-lieu" parking spaces, and the then property owner, Herbert Hafif, purchased two spaces that same year. In 1996, the former Claremont Redevelopment Agency allocated four parking credits to Walter's Restaurant and agreed to pay for two additional in-lieu parking credits.

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 a total dining area of approximately 6,223 square feet, which includes the formal dining area, bar, and courtyard, there is a parking requirement of forty-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 a semi-outdoor dining area of approximately 956 square feet, there is a parking requirement of five spaces. In total, there are forty-six parking spaces required for the site. CMC 16.060.030.C also allows for the reduction of parking requirements for any commercial use up to 100 percent for its operations after 5:30 PM with the approval of the Community Development Director.

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 1/2-mile of a major transit stop, such as the Claremont Metrolink station. In either case, Walter's Restaurant customers and employees must rely on public parking resources to maintain available parking for Walter's Restaurant 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 continued on-site sale of alcohol for Walter's Restaurant as identified in the draft resolution (Attachment A). As a long-standing business in the Claremont Village community, Staff believes that Walter's Restaurant will continue to be a welcoming addition to the vibrant mix of uses found in the Village. The location provides a family-friendly environment for patrons and the request for full beverage service at the expanded bar area and throughout the restaurant will not result in any detrimental 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. Nonetheless, Staff has reservations regarding the requested hours of operation by the applicant as they are similar to those hours stated as a reason for denial of the Entertainment Permit in 2006; as they were deemed incompatible with the surrounding residential uses. Staff's position on this matter has not changed and encourages the Commission to consider this matter further. Notwithstanding, the project's conditions of approval listed in the resolution 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. 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 September 4, 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 September 5, 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 - Proposed Plan Set
C - Justification Statement
D - Walter's Restaurant Food and Beverage Menu
E - Resolution No. 99-17
F - File #06-MP11
G - Resolution No. 09-07