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Planning Commission approves In‑N‑Out conditional use permit with hours, delivery and sign conditions

2528721 · March 8, 2025
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Summary

The Planning Commission approved a conditional use permit (CUP), Alternative Equivalent Compliance (AEC) and a major lighting‑deviation for a proposed In‑N‑Out Burger at the Kietzke/Plum site, adding conditions limiting public hours, restricting after‑hours delivery routes and requiring the pole sign to be dark after closing.

Case LDC25‑00006 (In‑N‑Out Burger) was presented by Jeff Foster, associate planner, and recommended for approval of a conditional use permit to allow operations beyond standard hours, a 42‑foot pole sign adjacent to a major arterial, an Alternative Equivalent Compliance (AEC) for ground‑floor transparency, and a major deviation to exceed the 100,000 lumens per acre site‑lighting standard by less than 50%.

Project summary: The applicant proposes a single‑story, 3,887 sq. ft. In‑N‑Out restaurant with indoor seating for 84 and a covered outdoor patio for about 40 customers on a 2.52‑acre consolidated site. The design shows 67 parking spaces (code requires 25) and a dedicated drive‑thru queue for 34 vehicles (extendable to 42 without blocking parking). The future Starbucks on an adjacent 0.57‑acre parcel was included in the project traffic analysis as a separate entitlement.

Key technical issues: Staff reviewed compatibility with nearby land uses (principal arterials to the north/east, residential about 275 feet to the south across Margrave Drive), the AEC request (north facade…

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