A small victory for the residents

Lolita Harper

There is no love lost between Wendy’s and Bob Small.

They are literally on opposite sides of the fence on whether the

popular fast food restaurant should be allowed to stay open until

midnight as part of the chain’s “late night” campaign.

Small proved to be the victor -- for now -- as restaurant

officials withdrew their application for a permit to stay open late

to capitalize on the crowd of midnight snackers.

“It certainly doesn’t break my heart,” Small said. “It just means

I won’t have to listen to an extra hour of their noise. I will still

have to fish their cardboard French fry containers out of my pool.”

Small was one of the residents who 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.

Small, who lives directly behind the busy fast-food stop, appealed

Valantine’s decision in October and prompted the Planning Commission

to scrutinize the problems further. Commissioners ordered Wendy’s to

meet with property owners to find an agreeable proposal to come back

to the city with.

In the past four months, they have been unable to reach a

consensus, restaurant officials report. Costa Mesa has various laws

in place that address each of Small’s complaints about noise and

illegal alcohol and drug use, but the players were unable to

establish a feasible strategy to enforce them.

Marshall Wilkinson, a representative from Consolidated Restaurants

of CA Inc., which owns Wendy’s, said his company has been trying,

with no avail, to reach a compromise with all involved.

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, Wilkinson

said. Concessions from the property owners and the residents have

been few and far between.

“You have asked for positive recitation of the avenues that have

been taken to resolve the noise problem,” Wilkinson wrote in a letter

to the city. “Unfortunately, the neighbors are unwilling to

acknowledge that Wendy’s has made any effort to resolve the noise

problem.”

Small, a plain-spoken 58-year-old biker, said he is aware that

Wendy’s officials think he is being inflexible. But, he added, he is

too old to care about their opinions.

“Trust me on this, you haven’t seen me be uncooperative,” Small

said.

Small complained about loud groups who consistently disturb him

and his neighbors while they drive through to get food.

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 drinking alcohol -- or have

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

their car engines or just about anything to be annoying, he said.

“I don’t hold Wendy’s accountable for the fact their clientele

seems to be made up of ignorant white trash,” Small said. “They can’t

control the people that come and go from their restaurant, but I

certainly don’t have to put up with it for an extra hour or two.”

Small’s beef is not only with Wendy’s but with the property

owners, who he says have not been helpful in the process.

“I wish I knew an answer for all concerned, but I don’t,” Small

said. “I think the blame in no small amount lies with the property

owners themselves, who have not done anything whatsoever, and have no

intention of bringing about any sort of intervention.”

The semi-retired owner of Bad Ass Productions, a Monrovia Avenue

company that makes Harley Davidson parts, said Wendy’s latest

concession is just a stalling tactic.

“They’ll be back, that’s just the way it goes,” Small said.

Small said he plans to be at the Planning Commission meeting

Monday night to make sure the restaurant actually withdraws its

application.

“It’s not that I don’t trust Wendy’s, it’s just that I don’t trust

Wendy’s. You know what I mean?” Small said.

* LOLITA HARPER covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at lolita.harper@latimes.com.