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I strong negative testimony received by staff during this input period (see attached letters), staff is recommending that several new conditions be attached to the applicant's Use Permit to address the following issues. FINDINGS: 1) Hours of Operation: Section 6 of the original Initial Study indicates that Taco Bell's proposed hours of operation would be 11:00 A.M. to 11:00 P.M. Although this schedule was adhered to in the early years of the operation, Taco Bell has progressively increased both its morning and evening hours to the point where the restaurant remained open until 2:00 A.M. on Fridays and Saturdays, and midnight during the other days of the week. The additional hour and a half needed by staff both before and after regular business hours, coupled with bi-weekly early morning deliveries, regular trash service, and restaurant sanitation service, explains why some neighbors complained about 24-hour noise impacts. Although no specific hours of operation are mentioned in Taco Bell's original Use Permit approval, the extended late hours represent a major change from the proposed business hours listed in the Initial ,-- Study, and are therefore unauthorized. As one of the steps undertaken by Taco Bell in response to both City and community concerns, hours of operation were reduced in late July, to midnight Monday through Saturday evenings and until 11 P.M. on Sunday evenings. Taco Bell, however, requested that early morning hours be allowed. The 30-day "trial/evaluation" period has revealed how difficult it was for Taco Bell to regulate their impacts, notably the behavior pattern of some of their most "uncontrolled" patrons. Several residents found Taco Bell's response time too slow and inconsistent; also, employees were apparently not taking a pro-active approach. There were more complaints about loitering and littering, loud noises and excessive automobile traffic impacts. As part of its program, Taco Bell has agreed to chain off its parking lot to traffic at closing time. The regulation of Taco Bell's hours of operation acts therefore as a key element to control noise, traffic and loitering. Staff has conducted a survey of restaurant hours along Woodside Road as well as for National Food chains as a reference (see attached), .~-¡ Page 3 1 -----~----'-"-r--"---"----