No quick decision on Wendy’s hours

Lolita Harper

Planning commissioners, restaurant officials and frustrated

residents batted around numerous possible solutions Monday but lacked

a definite answer to accomplish an elusive goal: keeping loud,

drunken people quiet.

A handful of residents spoke loudly in opposition to the city’s

previous approval of longer hours at the Wendy’s restaurant on East

17th Street. The drive-through window stays open until 11 p.m., but

the fast food chain asked for an extension to 1 a.m. to draw business

from late-night crowds. Zoning administrator Perry Valantine

authorized the midnight benchmark as a compromise.

Neighbor Robert Small, who lives behind the busy fast-food stop,

appealed the decision, saying the noise from people who are out that

late is too much to bear. Small complained about loud groups who

consistently disturb him and his neighbors while driving through to

get food.

Small said he realized Wendy’s was not responsible for people’s

behavior, but an extra hour of service would definitely intensify the

problem.

Wendy’s officials said about 15 to 30 cars come to the

drive-through between 10 and 11 p.m. and estimated a similar stream

would continue until midnight.

But those who don’t just “drive-through” really raise Small’s ire.

Many patrons return to the parking lot directly behind Small’s house

to hang out, he said. Many of them are often drinking alcohol -- or

have just left one of the many 17th Street bars -- playing music,

revving their car engines -- just about anything to be annoying, he

said.

“This is what they do for their social hour,” Small said.

Small’s concerns were echoed by City Planner Sue Hupp in an

interoffice memorandum to other planning officials.

“There are concerns that, by extending the hours of Wendy’s, it

will legitimize loitering to the rear of the property,” Hupp wrote.

“With loitering comes noise complaints from the neighbors ....”

Hupp also outlined the city’s concern about bar patrons who use

the area as a hangout after a night of drinking. Similar concerns

have been reported at area Del Tacos and Taco Bells, she wrote.

City Planner Wendy Shih said the Police Department was opposed to

the hour extension.

Wendy’s officials said they were aware of the noise problem and

were willing to work with the city and residents.

Wendy’s is not the only tenant on the property, which is owned by

the Benvenuti Family Trust. Napa Valley Pizza and Diedrich’s coffee

shop share the lot and the responsibility for the noise, said

Marshall Wilkinson, spokesman for Consolidated Restaurants of CA

Inc., the company that owns Wendy’s.

Costa Mesa has various laws in place to address each of Small’s

complaints about noise, illegal alcohol and drug use, but planners

were unable to establish a feasible strategy to enforce them.

Planning Commissioner Bruce Garlich suggested larger signs in the

parking lot clearly outlining no loitering but his suggestion was

easily dismissed by Small and Wendy’s officials who said patrons who

would obey a posted sign would not be involved in many of the

late-night activities common to that parking lot.

“They don’t care about signs, they don’t care about music, they

don’t care about anything,” Small said. “The louder they can make

their music and their profanity, the more grand they can make their

entrance or exit.”

Another commissioner suggested more lighting.

“We would be willing to do that, but I don’t think the residents

would like it very much,” Wilkinson said.

A security guard?

“That would be a waste of Consolidated’s money and the guard’s

time,” Small said.

The only thing that could stop the behavior is increased police

presence, everyone decided. But everyone also realized Costa Mesa

Police had bigger responsibilities.

Planning Commissioner Walt Davenport said responsibility should

not fall on the tenant restaurants but ultimately on the property

owners.

Wilkinson suggested officials from Wendy’s, Diedrich’s and Napa

Valley Pizza place pressure on the property owners to work with

residents to eliminate some of the late-night noise.

Planners ultimately went that route, postponing a decision until

the owners, tenants and residents could meet to discuss a compromise.

“Let’s continue the matter for 90 days to find out whether the

property owner and tenants have made enough impact to quell the noise

to justify an extension,” Planning Commissioner Eleanor Egan said.