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CUP Nos. 2009-03 and 2009-04 <br />Variance No. 2009-01 <br />March 9, 2009 <br />Page 3 <br />operate on a 24-hour basis, a conditional use permit is required. The <br />drive-in stalls and outdoor dining areas will be closed for after-hours <br />use and are not part of the conditional use permit request. <br />In reviewing applications for after-hours operation, the Planning Division <br />considers several criteria to determine the feasibility of the request. <br />These criteria include the crime rate of the area, the nature of the <br />establishment, the surrounding land uses and development or operational <br />conditions to address any potential concerns to nearby residents. <br />1. Crime rate of the area - The restaurant is located within Reporting <br />District No. 90, which ranks 76th out of 102 Citywide Districts <br />making it average in police related incidents. This ranking is <br />based on the total number of calls for service in the reporting <br />district compared to all other reporting districts. The Police <br />Department has reviewed the proposal and has added conditions of <br />approval that are intended to address any potential concerns <br />regarding the after-hours use at this location. <br />2. Type of establishment (fast-food, sit-down, drive-up window) - Sonic <br />Drive-In is a 1,536 square foot fast-food restaurant with a proposed <br />drive-through service. Outdoor seating for 36 patrons is provided <br />as well as 18 drive-in parking stalls. Sonic maintains five <br />employees during regular operating hours and is proposing to reduce <br />their staff to three employees during after-hours operation. The <br />drive-through will operate 24-hours a day while the drive-in stalls <br />and outdoor seating area will close at 10:00 p.m. The reduction of <br />service to drive-through only and the level of after-hours staffing <br />will serve as a deterrent and reduce the potential for criminal <br />activity. <br />3. Surrounding land uses - The site is surrounded by commercial to the <br />north and south, the parking lot for Calvary Chapel to the west and <br />multi-family residential to the east. Several other fast-food and <br />casual dining restaurants exist in the center to the north of the <br />project including Subway, Rubios Baja Grill, McDonald's and Pick-up- <br />Stix. Currently, none of these establishments offer after-hours <br />service. The restaurant's location adjacent to two major arterial <br />streets as well as the limited late night dining opportunities makes <br />this an appropriate location for an after-hours use. <br />31 B-4 <br />