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CUP No. 2025-01 – Wendy’s After-Hours CUP (2600 S. Bristol Street) <br />January 27, 2025 <br />Page 3 <br />4 <br />7 <br />5 <br />6 <br />Table 2: Operational Standards <br />Standards Permissible by SAMC Provided <br />Eating Establishment Type Bona-Fide Bona-Fide <br />Hours of Operation 5:00 a.m. to 12:00 a.m. <br />(midnight), unless extended by <br />a separate after-hours CUP <br />Drive-through: 6:00 a.m. to <br />1:00 a.m., Sunday through <br />Thursday, 6:00 a.m. to 1:30 <br />a.m. Friday and Saturday <br />(CUP required) <br />Dining Area: 6:00 a.m. to <br />10:00 p.m., Daily <br />Window Display 25% of Window Coverage Complies <br />Exterior Telephone Prohibited None <br />Project Background <br />The commercial site where the Wendy’s is proposed to be located was developed in 1979 <br />with two multi-tenant commercial buildings, ranging from approximately 3,700 square feet <br />to 9,400 square feet each, consisting of auto service and various retail and service uses. <br />In 1979, 2620 S. Bristol Street was developed with a 3,550 square foot building which <br />now houses a music school. On June 26, 1989, 2600 S. Bristol Street received entitlement <br />approval for CUP No. 1989-12 to facilitate the development of a 2,288 square-foot <br />standalone pad building with a drive-through for a Kentucky Fried Chicken (KFC) <br />restaurant. As part of the approval, the Planning Commission limited the hours of the <br />drive-through from 11:00 a.m. to 9:00 p.m. Additional information can be found in Exhibit <br />6, which includes the public hearing minutes for CUP No. 1989-12. <br />KFC occupied the building from 1989 until 2024, when KFC ceased operations. On <br />December 5, 2024, Wendy’s applied for a Certificate of Occupancy to occupy 2600 S. <br />Bristol Street as an eating establishment. In addition, Wendy’s submitted construction <br />plans to the Planning and Building Agency (PBA) for a commercial façade modification <br />and tenant improvements, consisting of various extensive interior and exterior upgrades. <br />Project Analysis <br />CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when <br />it can be shown that the proposed project meets the findings contained in Section 41- <br />638(a)(1)(i)-(v).. If these findings can be made, then it is appropriate to grant the CUP. <br />Conversely, the inability to make these findings would result in a denial. The purpose of <br />foot in size (proposed Wendy’s) and the second 3,550- <br />square-feet in size. <br />Unit Size 2,288 square feet <br />Use Permissions After-hours allowed with a conditional use permit (CUP) <br />Zoning Code Sections Affected Uses SAMC Sections 41-412.5 (d) <br />Census Tract and License Information Census Tract No.741.11 <br />