31B - CUP - 3531 S FAIRVIEW STREET

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CUP Nos. 2009-03 and 2009-04 Variance No. 2009-O1 March 9, 2009 Page 4 4. Potential areas of concern - Staff has identified noise and loitering as two potentially negative outcomes associated with the after-hours operation. In order to address these concerns, staff has added conditions requiring the outdoor dining and drive-in function to cease operation at 10:00 p.m., and the installation of signage on the drive-in stalls adjacent to the residential property requesting vehicles to be considerate to the neighboring property. Additionally, the applicant will be required to raise the height of the wall adjacent to the residential properties from five to six feet and orient the drive-through speaker to face away from the residences. Finally, the applicant has performed a noise study on the subject property and found that the ambient noise level created along MacArthur Boulevard and Fairview Street will exceed the noise generated by the restaurant use (Exhibit 5). In addition to the items outlined above, staff has included several additional conditions of approval aimed at further minimizing any potentially negative impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed after 90 days, six months, one year and then annually to make any modifications necessary. The approval of after-hours operation at this site will support Policy 2.2 of the Land Use Element of the General Plan which encourages land uses that accommodate the City's needs for goods and services by providing an after-hours dining option for motorists. Drive -through Window Service Drive-through window service is considered a critical operational component of a fast food restaurant as it can generate up to 50 percent or more of the total sales of a restaurant and provide an added convenience to patrons. The applicant has applied for a conditional use permit to allow drive- through window service for the project. This request has been reviewed based on the criteria established by the City and has been found to be consistent with the operational standards for drive-through establishments. To avoid impacts to the health, safety and general welfare of persons working or residing in the area, several site design and mitigation measures have been incorporated into this project. The on- site vehicular circulation has been designed to avoid conflicts between vehicles in the drive aisle and the drive-through lanes through the use of colored concrete and a landscape island. The stacking lanes have been 31 B-5