The homeowners of Devonwood Estates and other concerned citizens oppose the proposed use of the property located on the corner of Brookhurst and Niagara River. The proposed use is that of the operation of a restaurant complex consisting of two high-traffic fast-food restaurants, both of which are equipped with drive-thru facilities. Homeowners oppose this project for many reasons including traffic and safety issues.
Objections to the proposed project are provided in two sections; a summary, and in the form of opposing arguments in the process stipulated for approving a conditional use permit.
Of major concern to homeowners is the proposed use of residential neighborhood streets for commercial use resulting in over 750 vehicles a day cutting through Devonwood.
High-volume, high-speed traffic on Brookhurst restricts vehicles from proceeding north on Brookhurst from the subject property. Drivers exiting the restaurant complex intending to travel north or west will be encouraged to cut through Devonwood via Mt. Cimarron to access Garfield. Repeat customers originating from Garfield will quickly learn to travel both to and from the restaurant complex via Mt. Cimarron. Approval of the proposed project would essentially constitute ad-hoc rezoning of a residential street to commercial use.
It will become hazardous for residents on Mt. Cimarron to exit their driveways. Bends on this street impair visibility. Devonwood residents are aware of this and take due precaution. Transient vehicles do not exercise such precautions.
Increased traffic through Devonwood via Niagara and Mt. Cimarron will hinder ingress and egress to the neighborhood. These are the only streets by which the Devonwood community of 104 homes can be accessed. High-volume restaurant traffic will aggravate congestion at two already dangerous intersections – Niagara at Brookhurst, and Mt. Cimarron at Garfield, further isolating the Devonwood community and adding to the danger of entering and exiting the neighborhood.
Transient commercial traffic through Devonwood will subject children to immediate risk on both roadways and sidewalks. Like most quiet neighborhoods, children play, ride bikes, ride scooters and chase errant balls on community streets. Trees on Niagara River, already scarred from past auto accidents, are testimony that drivers attempt to race through Devonwood from time to time. The proposed restaurant complex will dramatically increase such crashes and create personal safety hazards within the community.
Subject property is unacceptably close to Moiola School. (602 children, K- 8 grade)
The school gate is only four houses from subject property.
Increased traffic will create a safety hazard for children walking to school.
Cooking odors will create a distraction on school grounds; children will be enticed to sneak off campus.
Loitering juveniles, homeless and vagrants will increase the potential for crime including child abduction. (let us not forget Samantha Runion, abducted in Stanton)
Efforts to combat childhood obesity, a leading national child health issue are compromised. Based on current knowledge, it is as appropriate to prohibit fast food complexes from being located near community schools, as it is liquor stores.
If the school gate becomes permanently locked, the Devonwood community will suffer the loss of a safe and convenient means of access to the schoolyard. The resulting vehicular trips to Miola will increase traffic congestion at the main school entrance on Finch St.
No other high volume drive-thru restaurants in Fountain Valley divert commercial traffic through residential neighborhoods as a short-cut to access arterial highways.
No other high volume drive-thru restaurants in Fountain Valley are in such close proximity to an elementary school (four houses from school gate).
Community leaders who originally approved the Devonwood Estates area plan did not intend the subject property be utilized for a high traffic fast food complex.
Proposed use of subject property poses significant pollution hazards to the environmentally sensitive Fountain Valley Channel.
Operating characteristics are incompatible with existing land uses in the vicinity
Extended hours of operation (6am to 11pm), noise and light pollution will be intrusive nuisances to adjacent homeowners.
Vehicle traffic, odors, and errant trash will have a major negative impact on the entire neighborhood. Foul odors generated by two high-volume restaurants, particularly in summer months, will render residential backyards uninhabitable.
Increased transient vehicle traffic and loitering by homeless and vagrants may result in increased petty crime and personal safety hazards
Real estate professionals caution that Devonwood property values will be negatively impacted. The possibility of this project being approved must now be disclosed in pending residential transactions. The impact and losses are already being felt.
In accordance with city policy, the proposed plan to develop a restaurant complex at Niagara River and Brookhurst requires a conditional use permit. Following is the approval process for a conditional use permit as prescribed by Municipal Code section 21.36.050 and the arguments in opposition to its approval.
21.36.050 Findings and decision.
The commission, or the council on appeal, shall record the decision in writing with the findings on which the decision is based. The conditional use permit shall be approved, with or without conditions, only if the following findings of fact can be made in a positive manner:
The proposed use is allowed within the respective zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this title and this code;
The proposed use would be consistent with the actions, goals, objectives and policies of the general plan and any applicable specific plan;
Community leaders who originally approved the Devonwood Estates area plan did not intend the subject property be utilized for a high-traffic fast food complex. The subject property was intended for “small scale retail and personal service uses…” . No other fast food restaurant complex in Fountain Valley diverts commercial traffic through a residential neighborhood to access arterial highways. If this concept does not violate community-planning guidelines, it certainly should. The proposed use is also inconsistent with past city policies and land use decisions Additionally, no other fast food restaurant in Fountain Valley is in such close proximity to an elementary school (four houses to schoolyard gate).
The design, location, shape, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;
The proposed use is inconsistent with existing land use in the vicinity. The subject property directly abuts single-family homes. Extended hours of operation (6am to 11pm), noise and light pollution would be intrusive nuisances to adjacent homeowners. Vehicles blasting music, late night gatherings common at such complexes, frequent operation of delivery trucks, trash trucks and parking lot sweepers will significantly disturb the peace and tranquility that Devonwood residents have enjoyed for over twenty-five years. Recent observation of the current McDonalds operation demonstrates yet other sources of noise and odors. Drivers of large diesel trucks customarily park their rigs with the engines running while they enter the restaurant. These trucks continue to rattle and belch black smoke until the driver returns. Is there any city official who deems this activity suitable in a Fountain Valley residential neighborhood?
Devonwood residents currently find McDonalds trash strewn on private lawns and in neighborhood streets… and the current location is removed by a busy, six-lane boulevard. If the store is re-located adjacent to Devonwood homes, trash will become commonplace as it is strewn from hundreds of passing vehicles, including those that temporarily park beneath neighborhood trees. Refuse from this restaurant complex will no doubt be found either thrown or blown into the adjacent Fountain Valley Channel.
The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints and compatibility with adjoining land users;
Public access to this site is not suitable for the proposed use and is incompatible with adjoining land users. Restricted ability to travel north from this location will result in restaurant customers using Mt. Cimarron, a residential street, as a short-cut to Garfield. Proximity to adjacent homes and Miola School makes the subject property unsuitable for high volume, fast-food restaurants.
Granting the conditional use permit would not be detrimental to the public convenience, health, interest, safety or welfare, or injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and
The proposed project will be detrimental to the safety, welfare and interests of the residents of Devonwood Estates.
It is estimated this project will result in 750 to 1,200 restaurant customers a day cutting through Devonwood. This will result because vehicles cannot readily proceed north on Brookhurst from the subject property. Brookhurst is a six-lane highway with a “posted” speed limit of 45 mph. Because there is no traffic signal at this location, it is common today to find vehicles stopped on Niagara waiting to cross Brookhurst to proceed north. This route will become hopelessly congested not only by the many customers exiting the restaurants, but also by arriving customers traveling north on Brookhurst and attempting to turn left onto Niagara. When exiting the property on Niagara, customers seeing two or three cars in queue at Brookhurst will soon discover the “shortcut” through Devonwood to Garfield. Absence of a permanent traffic enforcement officer, the proposed posting of a “No Right Turn” sign at the restaurants’ exit on Niagara will discourage only the most conscientious drivers. The vast majority, particularly during peak traffic periods, will certainly cut through Devonwood. Ultimately, these same customers will learn that the reverse path through Devonwood is also a good shortcut for getting to the two restaurants from Garfield. After all, there are no signals, stop signs or traffic to contend with on these residential streets… only children at play
The current McDonalds store draws 1,000 to 1,500 vehicles a day . If Panda Express generates half of McDonalds traffic, this project will draw 1,500 to 2,200 vehicles a day. Since every car that arrives must also depart, the complex will generate 3,000 to 4,400 vehicle arrivals and departures a day (sounds like an airport). The estimate of 750 to 1,200 vehicles a day cutting through Devonwood seems too low.
Trees on Niagara River, already scarred from past auto accidents, are testimony that drivers attempt to race through Devonwood from time to time. It will become hazardous for residents on Mt. Cimarron to exit their driveways. Bends on this street impair visibility. Devonwood residents are aware of this and take due precaution. Transient vehicles likely will not exercise such precautions. The proposed restaurant complex will dramatically increase safety risks within the community.
My Nightmare, by Eric Verstraete
I dread the day when a car races through our neighborhood to gain easy access to Garfield. As the car speeds down Niagara, it cuts the corner short on Mt. Cimarron. As the car accelerates, a child is crossing the street from James River (my street). The child is struck at a time and location he or she previously considered safe. The fact that the key market segment for fast food drive-thru service is aged 18 to 26 , which also is a high-risk driver group are not relevant factors in this child’s world. The fact that eating while driving ranks equally with talking on a cell phone as a major contributing factor in auto accidents is not a relevant factor in this child’s world. Now imagine that this is your child. I do. This is not a remote possibility. This is a likely scenario that makes McDonalds Corporation, the McDonalds franchisee and the City of Fountain Valley complicit. I respectfully submit that the subject property is not suited nor was it ever intended for use by two high-traffic, fast food restaurants.
The proposed project creates conditions that are hazardous to the safety and welfare of children. Transient commercial traffic through Devonwood will subject children to immediate risk on both roadways and sidewalks. Like most quiet neighborhoods, children play, ride bikes and scooters and chase errant balls on community streets. The subject property is also unacceptably close to Moiola School for the proposed plan. The school gate is within four houses from the site. Cooking odors will create school distractions; children will be enticed to sneak off campus. Loitering juveniles, homeless and vagrants increase the potential for crime including child abduction (let us not forget Samantha Runion, abducted in Stanton). This project would compromise efforts to combat child obesity, a leading national child health issue. Based on current knowledge, it is as appropriate to prohibit fast food complexes from being located near community schools as it is liquor stores. If the school gate is permanently locked, the Devonwood community loses safe and convenient access to the schoolyard and traffic congestion is increased at the main school entrance
Operating characteristics of the proposed project are incompatible with existing land uses in the vicinity. Extended hours of operation (from 6am to midnight?), noise and light pollution will be intrusive nuisances to adjacent homeowners. Vehicle traffic, odors, and errant trash will have a major negative impact on the entire neighborhood. Foul odors generated by two high-volume restaurants, particularly in summer months, will render residential backyards uninhabitable. Increased transient vehicle traffic and loitering by homeless and vagrants will result in increased petty crime and create conditions hazardous to personal safety.
Real estate professionals caution that Devonwood property values will be negatively impacted. The possibility of this project being approved must now be disclosed in pending residential transactions. The impact and loses are already being felt.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures.
The proposed use of subject property poses significant pollution hazards to the environmentally sensitive Fountain Valley Channel.
Trash in storm drainage system disturbs ecosystem
By Ju-shey Ho, Ph.D., Professor of Biology
The City of Fountain Valley has a storm drainage system (Fountain Valley Channel D05) that starts from the Santa Ana River north of Talbert Ave. and east of Euclid St. It drains westward through the city and merges with Talbert Channel (D02) south of Garfield and west of Bushard in Huntington Beach. The channel continues southward and drains through the Talbert Marsh before emptying in the Pacific Ocean. This storm drain system was designed to prevent flooding by carrying excess rainwater away from city streets out to the ocean. The drainage system does not go through a wastewater treatment plant. Thus, trash and litter in the storm drain go straight to the Pacific Ocean.
Due to its close proximity to the channel, the relocation of McDonald’s to the vacant lot at the east entrance of Devonwood Estates is envisaged to increase the load of trash and litter in the Fountain Valley Channel (D05). The channel is frequently visited by waterfowl such as egrets, herons, mallards, etc., which feed on organisms occurring naturally in the storm drainage system. The visitation of these waterfowls is essential to the maintenance of a balanced, natural ecosystem in the storm drainage channels. However, this ecosystem will be disturbed with McDonald’s establishment in the said vacant lot, because pieces of hamburger and other discarded leftovers from fast-food meals will attract the gathering of sea gulls – well-known scavengers. The flocks of sea gulls intimidate the presence of other waterfowls and consequently, the ecosystem in the channel will be disturbed. The ecosystem in Fountain Valley Channel can only be maintained if the said lot is kept vacant or occupied by an office building(s).
We need to remember runoff pollution contaminates the waterways, closes beaches, and harms aquatic life.
The applicant has demonstrated his understanding of the conditions imposed in any conditional use permit granted to him and has agreed on the record to abide by those conditions.
No opposing argument at this time.
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