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Report regarding applications for Design Review, Conditional Use Permit and Master Sign Program to construct a new fast-food restaurant with drive-through at 932 and 972 El Camino Real in the T5 Corridor (T5C) Zoning District in accordance with the Title 20 of the South San Francisco Municipal Code (SSFMC), and determination that the project qualifies for a categorical exemption, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332. (Stephanie Skangos, Senior Planner)
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MOTIONS FOR THE COMMISSION TO ADOPT STAFF RECOMMENDATION:
(1) Move to determine the Project is exempt from CEQA.
(2) Move to adopt the Resolution approving the Planning Project entitlements for P23-0135.
RECOMMENDATION
Recommendation
Staff recommends that the Planning Commission conduct a public hearing and take the following actions:
1. Adopt a Resolution making findings and a determination that the Project is categorically exempt under the provision of CEQA, Class 32, Section 15332, Infill Development; and
2. Adopt a Resolution making findings and approving the entitlements for Planning Project P23-0135, including Design Review DR24-0013, Conditional Use Permit UP24-0001, and Master Sign Program SIGNS24-0012, subject to the Conditions of Approval.
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PROJECT OVERVIEW AND BACKGROUND
Site Overview
The Project Site is located at 932 and 972 El Camino Real, along the east side of El Camino Real (State Route 82), and is comprised of two parcels, APN 014-011-320 and 014-011-330, totaling 65,493 square feet in size (approximately 1.5 acres). The northern parcel, APN 014-011-320, is located at 972 El Camino Real and is developed with a one-story 3,000 square foot Burger King restaurant (now vacant), surface parking lot consisting of 43 surface paved striped parking spaces with a 320-foot-long protected drive-through lane, and a 240-foot-long overflow vehicle stacked striped area. The southern parcel, APN 014-011-330, is located at 932 El Camino Real and is developed with a 1,224 square foot operating mixed-use building. All existing buildings on the Project Site will be demolished.
The Project Site is surrounded by existing commercial uses to the west, across El Camino Real, and to the south. To the north of the site, is a recently developed multifamily residential building with commercial uses on the ground floor. The Centennial Way Trail runs to the east of the project site, separating the site from existing multifamily residential buildings.
Project Description
The Project proposes the construction of a new 3,887 square foot In-N-Out Burger Restaurant with a drive-through as a redevelopment of the existing vacant restaurant building on the Project Site. The restaurant would provide a seating capacity of 112 people (84 seats indoor and 28 seats outdoor under a covered canopy), a drive-through with a dedicated queuing lane with a capacity of up to 39 cars, and a surface parking lot with 51 parking stalls. Site improvements would also include a covered trash enclosure, landscaping, outdoor seating area, pedestrian walkways, including a pedestrian connection to the Centennial Way Trail via a gate at the back of the Project Site, and vehicular circulation elements. Additionally, as part of the Project, the applicant has agreed to install a new traffic signal at the intersection of El Camino Real and Southwood Drive / 1st Street.
Architectural Design
The design of the Project is consistent with the distinctive qualities and characteristic style of the In-N-Out signature and brand. The restaurant building is Mediterranean in style with exterior stucco, elevated entry towers, and an architectural cornice detail at high and low roof planes. The building construction is a “Bone China White” smooth stucco finish with red awnings, neon banding, and neon signage for brand awareness. The maximum height of the building is approximately 23’-6” tall. Tower elements are incorporated into the building, including at the customer entrances, to provide vertical relief and visually pleasing focal points. Parapets for areas of flat roof are at an elevation of approximately 19’-10” which provide ample screening of the rooftop kitchen and mechanical equipment. An attached covered patio incorporates the flat roof and banding to match the aesthetic of the building. The proposed external trash enclosure is 11’-9” tall with masonry walls, roof, and doors, and is designed to match the building façade.
Access and Circulation
The Project proposes two vehicular driveways along El Camino Real, one located towards the center of the Project Site and one located to the south. Both driveways will be right-in / right-out only and will provide access to and from the parking area.
The drive-through entrance will be located towards the rear of the Project Site with direct access from the southern driveway. The drive-through will consist of two lanes at the entrance and merge into one lane as it loops around the rear of the Project Site. Exiting will be located adjacent to the central driveway. The drive-through will have a dedicated on-site queue of 39 vehicles from its entrance to exit. The parking area can serve as additional vehicle queuing for the drive-through if needed, and no queuing onto El Camino Real is anticipated. Queuing onto the public right-of-way is further prevented by In-N-Out Burger’s standard store operating procedures that outline the various procedures to implement when the drive-through queue reaches certain thresholds, including deployment of associates outside to take orders and activation of a third burger grill. The applicant’s operating procedures are discussed in the Project Description, included as Attachment 1 to this report.
Truck access for deliveries and trash collection will occur at the southern driveway, loop towards the rear of the parking area, and will exit the site from the central driveway. Truck loading / unloading for deliveries will occur on-site in the drive aisle closest to the building entrance. Deliveries will be scheduled to occur outside of business hours, typically between 2 a.m. and 9 a.m., so as not to interfere with on-site circulation and operations while the restaurant is open to the public.
Pedestrian access to the project site will be provided directly from the existing sidewalk along El Camino Real, adjacent to the central driveway. Additionally, a pedestrian connection between the El Camino Real sidewalk and the Centennial Way Trail to the east of the Project Site will be provided via a gate at the back of the site and dedicated pedestrian pathway through the site.
In addition to the above on-site access and circulation improvements proposed, the Project also includes an off-site improvement in the form of a new traffic signal at the intersection of El Camino Real and Southwood Drive / 1st Street. The City and applicant plan to enter into a Reimbursement Agreement for this off-site improvement, under which the applicant will be responsible for the design and construction of the traffic signal and related improvements, covering the full upfront cost of the signal installation, and be reimbursed by the City for a portion of the total costs over a specified term. The reimbursement will be funded through annual Traffic Impact Fee (TIF) collections. The Reimbursement Agreement is not within the Planning Commission’s purview and will be subject to review and approval by the City Council. Also, because El Camino Real is a state highway, the traffic signal design will require approval by Caltrans prior to installation.
Landscaping
The Project provides ample landscaping throughout the Project Site for a total of approximately 30% of the site. A diversity of tree, shrub and groundcover plantings, ranging from low- to medium-water use species, line the perimeter of the site, providing a natural buffer, as well as complementing the In-N-Out design and brand. Canopy trees and tall shrubs will be planted along the length of the drive-through at the eastern property boundary, helping to shield headlight glare from crossing into adjacent properties. Additional trees, including palms, and flowering shrubs will be planted along the western edge of the drive-through and within a landscaped median in between the parking lot and drive-through. Throughout the parking lot, smaller landscaped medians with trees and shrubs will help break up the paved area and provide shading. At the northern end of the site, a meandering pedestrian walkway surrounded by palms, Brisbane and gingko trees, and various flowering shrubs will provide a connection between the Project Site and the adjacent Centennial Way Trail. The pedestrian walkway will culminate at the sidewalk along El Camino Real, adjacent to which will be planted the signature crossed-palms In-N-Out has become known for. The landscape plans and planting palettes are included in the Plan Set (Associated Entitlements Resolution, Exhibit B).
Signage
The Project includes a Master Sign Program for the site intended to establish an integrated appearance and complement the building and site design, while maintaining the characteristic qualities and style of the In-N-Out brand. The Master Sign Program consists of one monument sign, three wall signs, an LED tube exterior wall accent, menu board and drive-through directional signs, discussed briefly below, all detailed and included in the Master Sign Program Plan Set (Associated Entitlements Resolution, Exhibit C).
• Primary Monument Sign. A primary freestanding monument sign with the In-N-Out logo is proposed adjacent to the southern driveway, serving to identify the site and welcome customers. The monument sign is a total of approximately 49 square feet (sq. ft.) and is situated on a concrete base surrounded by landscaping. The sign will be internally illuminated.
• Building / Wall Signs. Three wall signs, each approximately 66 sq. ft. will be attached to the building to align with and complement the building architecture and design. One wall sign will be located along the southern façade, facing the parking area, one along the western façade facing El Camino Real, and one along the north-western façade, facing El Camino Real and visible to traffic traveling south on El Camino Real. These signs will be single-faced and internally illuminated.
• LED Tube Wall Accent. LED tubing is proposed around the entirety of the building, just below the architectural cornices. There will be two stripes, or tubes, bordering the building.
• Menu Board. One menu board is proposed at the north-eastern portion of the dedicated drive-through, adjacent to the outdoor seating area. The menu board will be single-faced and internally illuminated.
• Drive-Through Directional Signs. Two directional signs for the drive-through are proposed, with one adjacent to the drive-through entrance, and one adjacent to the drive-through exit, that includes language to advise customers of the directional flow of the drive-through. These signs will be internally illuminated.
Entitlements Request
The Project is seeking the following entitlements, discussed in detail in this staff report:
• CEQA Determination
• Design Review
• Conditional Use Permit
• Master Sign Program
ZONING CONSISTENCY ANALYSIS
Proposed Use
The Project Site is located within the T5 Corridor (T5C) Zoning District. Per South San Francisco Municipal Code (SSFMC) Section 20.135.060 (“Use in the Transect Zoning Districts”), a limited-service restaurant is a permitted land use by-right. Drive-through facilities are allowed subject to the approval of a Conditional Use Permit (CUP) per SSFMC Section 20.350.016 (“Drive-Through Facilities”). Additionally, the applicant is requesting CUP approval to allow extended operating hours, as well as parking in excess of the spaces required, all of which are further discussed below.
The Project is a redevelopment of an existing restaurant building, with a majority of the new building footprint overlapping with the existing building footprint, and, therefore, not subject to the development standards for new development for the T5C District outlined in SSFMC Section 20.135.020(I) (“T5 Corridor Zoning District (T5C)”) nor a majority of the Citywide site and building design standards listed in SSFMC Chapter 20.310 (“Site and Building Design Standards”). However, the Project has been designed to comply with as many development, site and building design standards as possible and as consistent with the In-N-Out signature and brand.
Drive-Through Requirements
SSFMC Section 20.350.016 (“Drive-Through Facilities”) outlines specific standards and requirements for drive-throughs, including the requirement for a CUP. The proposed drive-through has been designed to comply with the development standards, and landscaping and circulation requirements detailed in this section. Moreover, the required traffic study for a drive-through has been provided by the applicant as part of their Transportation Impact Analysis (TIA).
The Drive Through Queuing Analysis in the TIA evaluated peak drive-through window queuing demand for the Project based on historical drive-through queue surveys at seven existing In-N-Out Burger restaurants throughout Northern California. The analysis concluded that the proposed on-site drive-through queue of 39 vehicles for this Project well exceeds the peak drive-through average of 16 vehicles on weekdays and 24 vehicles on weekends. The TIA is included as Appendix A to the In-N-Out Burger Restaurant Project Infill Checklist (Associated CEQA Resolution, Exhibit B).
Hours of Operation
Per SSFMC Section 20.490.002 (“Use Permit Applicability”), CUP approval is required for any use with hours of operation between midnight and 6 a.m., except for properties within the Mixed Industrial Zone District that do not directly abut another zone district. The applicant is proposing operating hours from 10:30 a.m. to 1 a.m. Sunday through Thursday and from 10:30 a.m. to 1:30 a.m. on Friday and Saturday. Additionally, designated delivery hours are proposed daily between the hours of 2 a.m. and 9 a.m., to ensure that delivery trucks do not negatively impact vehicle circulation and traffic during operating hours. Staff supports allowing extended operating hours for the new restaurant and drive-through as the Project Site is located along a commercial corridor and other similar uses in the City have been allowed to stay open past midnight.
Parking Requirements
Vehicle Parking
The maximum number of allowed parking spaces for different land uses is regulated by SSFMC Section 20.330.004 (“Required On-Site Parking Spaces”). Pursuant to this section, a limited-service restaurant use is permitted to have up to one parking space per 150 square feet of floor area. Per the requirement and using the proposed square footage of the Project (3,887 square feet), the Project is permitted to provide a maximum of 26 parking spaces. However, this section also allows for parking in excess of the spaces required subject to a CUP. Therefore, the applicant is requesting a CUP to allow a total of 51 parking spaces for the Project. Staff supports the request for 25 additional parking spaces, as In-N-Out Burger is known to have historically higher demand and patronage than other limited-service restaurants. The additional parking on-site will prevent the need for customers to park off-site in the surrounding neighborhood and area. The applicant is also providing bicycle and pedestrian enhancements and amenities, in addition to vehicle parking, to support alternate modes of transportation.
Bicycle Parking
SSFMC Section 20.330.007 (“Bicycle Parking”) establishes the requirements for short-term and long-term bicycle parking. The minimum number of on-site short-term and long-term bicycle parking spaces are based on the use and number of required automobile parking spaces. The following requirements are applicable to the Project:
• Short-term Bicycle Parking: Rate of 5% of the number of required automobile parking spaces, with a minimum of four bicycle parking spaces provided per establishment.
• Long-term Bicycle Parking: Rate of 5% of the number of required or maximum permitted automobile parking spaces.
Per these requirements, the Project must provide a total of four short-term and three long-term bicycle parking spaces on site. The Project includes the required short-term bicycle parking spaces provided adjacent to the secondary building entrance. A total of two long-term bicycle parking spaces are currently shown on the plan set, adjacent to the trash enclosure with access off the outdoor dining area. A Condition of Approval has been included to ensure that the third required long-term bicycle parking space be added to the Project during the building permit process.
Electric Vehicle Charging Station
SSFMC Section 20.330.008 (“Electric Vehicle Charging Station”) establishes the requirements for electric vehicle (EV) charging stations and EV-capable parking spaces for new buildings based on the total number of required or maximum permitted automobile parking spaces. For a project with a maximum permitted parking of 51 or more, a minimum of 6% of the total parking spaces must be for EV charging.
Per these requirements, the Project must provide a total of three EV charging stations and EV-capable parking spaces. The Project exceeds this requirement, providing a total of five EV charging stations and EV-capable parking spaces in the proposed parking lot.
Master Sign Program
SSFMC Chapter 20.360 (“Signs”) establishes the requirements and procedures for all signs in the City. A Master Sign Program provides a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance. The proposed project signage has been designed to be compatible with the qualities and style of the In-N-Out signature and brand and complement the overall building and site design. The proposed signage will be visible and legible for both vehicular and pedestrian traffic and will be in keeping with the aesthetics of the Project.
GENERAL PLAN CONSISTENCY ANALYSIS
The General Plan Land Use designation for the Project Site is Medium Density Mixed Use, which is intended for a broad range of commercial, office, and residential uses and public spaces serving both surrounding neighborhoods and visitors from nearby areas. The Project is consistent with the guiding and implementing policies in the General Plan as it will redevelop a vacant, underutilized site with a high demand restaurant use along a commercial and transit priority corridor identified for redevelopment.
DESIGN REVIEW BOARD
The Design Review Board (DRB) reviewed the proposal on November 19, 2024, and recommended approval of the design with some recommended landscaping changes. The applicant provided a revised landscaping plan in response to comments in December 2024. The revised landscaping plan was circulated to the DRB via email and received a positive response, with no further comments. The DRB comment letter is included as Attachment 2 to this staff report, and the revised landscaping plans are included as part of the Plan Set (Associated Entitlements Resolution, Exhibit B).
COMMUNITY MEETING
On January 13, 2025, the applicant held a community meeting providing an overview of the proposed project, obtaining feedback, and addressing any questions. Approximately 70 community members attended as well as some Council Members, City Staff, and members of the Planning Commission and Bicycle and Pedestrian Advisory Committee. A large portion of the attendees were members of the Maltese American Social Club, a community organization residing at 924 El Camino Real, directly south of the Project Site.
The main concerns expressed by the community centered around the Project’s impact to traffic in the surrounding area. Questions were asked about parking lot capacity and drive-through queuing overflow onto El Camino Real. They discussed their concerns about vehicular and pedestrian safety at the intersection of El Camino Real and Southwood Drive / 1st Street and questioned how the Project would impact already poor conditions in this area. Members of the Maltese American Social Club were concerned with the Project’s impact on their building and operations, as well as pedestrian safety at the same intersection. A summary of the meeting was prepared by the applicant and sent to all meeting attendees, and is included as Attachment 3 to this staff report.
ENVIRONMENTAL REVIEW
CEQA Guidelines Sections 15301 through 15333 provide a list of categorical exemptions that a project may qualify for. Categorical exemptions are specific classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Guidelines Section 15332 identifies the Class 32 categorical exemption for projects characterized as infill development. This exemption is intended to promote infill development within urbanized areas.
A project can qualify for the Class 32 Infill Development categorical exemption if the following criteria can be met:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
The applicant submitted an Infill Checklist and evaluation against the above criteria for City review (Associated CEQA Resolution, Exhibit B). The Checklist includes the following supporting technical analyses:
• Traffic Impact Assessment
• Noise Study and Supplemental Memorandum
• Air Quality Study and Supplemental Memorandum
Based on the checklist, the Project is categorically exempt under Class 32 as an Infill Development Project pursuant to CEQA Guidelines Section 15332. The Project is consistent with the applicable General Plan goals and policies and Zoning standards and requirements; is located on a site of less than five acres surrounded by developed urban uses that can be adequately served by all required utilities and public services and that does not provide sensitive habitat for endangered, rare or threatened species; and will not result in any significant effects relating to traffic, noise, air quality or water quality. Thus, the Project qualifies as categorically exempt pursuant to CEQA Guidelines Section 15332, Class 32, Infill Development Project.
IMPACT FEES
The Project is subject to the City’s impact and development fees, which are used to offset the impacts of new development on City services and infrastructure. The Conditions of Approval (Exhibit A to the Entitlements Resolution) list out the relevant impact fees:
• Parks and Recreation Fee
• Childcare Fee
• Commercial Linkage Fee
• Library Impact Fee
• Public Safety Impact Fee
• Public Art Requirement: On-site, or in-lieu contribution of 0.5% of construction costs
CONCLUSION
The Project Site is located within an existing mixed-use area along a major commercial and transit priority corridor, where a broad range of commercial, office, and residential uses and public spaces are encouraged. The Project will redevelop an underused vacant restaurant site with a new In-N-Out Burger Restaurant and drive-through and include both on-site and off-site improvements, including a traffic signal that will serve the entire area. The proposal is consistent with General Plan goals and policies and the Zoning Ordinance requirements and standards.
For these reasons, staff recommends that the Planning Commission take the following actions:
1. Adopt a Resolution making findings and a determination that the Project is categorically exempt under the provision of CEQA, Class 32, Section 15332, Infill Development; and
2. Adopt a Resolution making findings and approving the entitlements for Planning Project P23-0135, including Design Review DR24-0013, Conditional Use Permit UP24-0001, and Master Sign Program SIGNS24-0012, subject to the attached Conditions of Approval.
Attachments
1. In-N-Out Burger Project Description
2. Design Review Board (DRB) Comment Letter, dated December 2, 2024
3. Community Meeting Summary
Exhibits to Associated CEQA Resolution (25-695)
A. In-N-Out Burger Restaurant Project Infill Checklist
1. Traffic Impact Assessment
2. Noise
a. Noise Study
b. Supplemental Noise Memorandum
3. Air Quality
a. Air Quality Study
b. Supplemental Air Quality Memorandum
Exhibits to Associated Entitlements Resolution (25-696)
A. Conditions of Approval
B. Project Plan Set
C. Master Sign Program Plan Set