Item 28 - Public Hearing - ZOA No. 20204-01 South Coast Technology Center

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and determines that the following findings, which must be established in order to grant CUP No. 2024-07, for after-hours operation, have been established as required by SAMC Section 41-638. That the proposed use will provide a service or facility, which will contribute to the general wellbeing of the neighborhood or community. The eating establishment with after-hours operation in combination with the new eating establishment and drive -through window service will contribute to the general well-being of the neighborhood or community by providing additional dining options that are convenient for people working or residing in the surrounding area. Additionally, as of the project, the Applicant will develop the currently vacant lot and construct a new pad building featuring a contemporary design characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco in a neutral color scheme of brown, grey, black, and white. This development will introduce activity to the previously underutilized site, deter illicit activity, and generate business that, in the long term, will promote the economic viability of the City and the well-being of the community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, rather the development of the site would discourage any illicit activity in the area and provide for more activity and property over site. Additionally, the proposed hours of operation and drive - through hours of operation would be Sunday through Thursday from 9:00 a.m. to 1:00 a.m. and on Friday and Saturday from 9:00 a.m. to 1:30 a.m. While the outdoor patio seating would be limited to 12:00 a.m. so as to minimize any potential impacts to the neighboring residential properties. Lastly, while the property is located adjacent to residential land uses, the design and measures related to noise, lighting, and odor would be taken would result in a project that is not anticipated to result in a nuisance to the neighboring properties. The lighting would not be detrimental to the persons residing in the adjacent residential properties as the illumination would be than 5-foot candles as required by the City's design guidelines and range from 0.49 to 4.2-foot candles at the property line. Beyond the property line, the illumination would reduce to 0.0-foot candles as a result of careful placement, light shields, and screen wall. The primary noise sources associated with the proposed Raising Cane's restaurant would consist of drive - through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical equipment. To address noise Resolution No. 2024-XXX Page 2 of 7