In-N-Out Burger has proposed a restaurant at the former home of the Parks Plaza Theatre on McMurray Road in Buellton.
In-N-Out Burger has proposed a restaurant at the former home of the Parks Plaza Theatre on McMurray Road in Buellton. (Contributed rendering)

With multiple traffic concerns and a strong recommendation from staff to deny In-N-Out Burger’s proposal, the Buellton Planning Commission has kept the project alive for now.

On Thursday night, after hearing passionate reasons why they should approve or reject the plan for 515 McMurray Road, the commissioners directed staff to return with conditions and findings for approval to be considered at the Dec. 15 meeting.

The project’s future remains far from certain. City Manager Scott Wolfe said staff would return with findings and conditions, spelling out steps the applicant must take for the In-N-Out to move forward. At that point, the commissioners would need to reaffirm that the project would meet Buellton’s rules.

“If you get to that point and you can’t convince yourself that those conditions meet the intent of the Municipal Code, then you will need to deny the project,” Wolfe said. “That’s how it works.”

That decision came after commissioners tried to delay the decision for several weeks and a motion to deny the project fell short of getting enough votes, proving commissioners’ difficulty in making the decision.

Some of the angst centered on adding to the congestion on Highway 246 and Highway 101, concerns about a short left-turn lane to access McMurray Road, and worries that drive-through traffic would spill onto McMurray.

Dueling traffic studies — one by the applicant’s consultant and one by the city’s consultant — complicated the decision.

“It comes down to traffic. It will be popular. It will be an amenity to the valley, but to the neighborhood and that intersection it is a big deal,” Commissioner Aaron Liggett said. “Fix the traffic issue. I think that’s the one thing holding us back.”

The closed Parks Plaza Theatre building would be demolished to make way for a 3,885-square-foot restaurant to be built. Plans call for a 26-vehicle dedicated drive-through lane and 57 parking spaces.

“Although recommended improvements have initially been found either infeasible or inadequate to address the identified impacts, further analysis would be required for the improvements as they would have implications to citywide circulation, not just the project,” assistant planner Cara Miralles said. “Many of these improvements recommended also would require Caltrans review and approval, which has not yet been undertaken.”

Staff determined that four of the seven findings required for a conditional use permit could not be made. That included determining that the site is not adequate to accommodate the use and level of density. 

Additionally, streets and highways were not adequately designed to accommodate the project, which would be detrimental to the neighborhood, staff added.

“Taking traffic out of the equation for just a moment, there doesn’t really seem to be much in the way of disagreement with the regard to the benefit that In-N-Out Burger would provide whether it be jobs, tax revenue or a simple amenity for people who want a good meal at an affordable price,” said Marc Levun, an In-N-Out Burger representative.

He said they picked the location to serve Buellton residents along with those throughout the Santa Ynez Valley and Lompoc.

“And frankly, you guys have a reputation of being business friendly and understanding business needs,” he said.

Neighbors also raised traffic and other concerns during their comments to commissioners.

“I live in Vineyard Village and have one of the homes that will be directly impacted by this fast-food chain for a number of reasons — a massive traffic influx (sorry to bring it up again), an increase in security concerns, property values decreasing and a negative impact on our air quality,” resident Carla Mead said. “Everybody knows how terrible the traffic is on the 246 and McMurray intersection. I cannot fathom adding in more cars to this intersection.”

However, In-N-Out supporters called for approval.

Real estate broker Tom Davidson said denial of the project would send a negative message to the general business community and developers.

“Remember how the bowling alley took to how the city processed these things? … Do the right thing,” Davidson said, adding that traffic studies are based on assumptions and are not precise.

Members of the Gran family, longtime theater owners, also urged approval, noting the toll that the COVID-19 pandemic took on businesses across the country and sharing a message for those hoping the theater will reopen. The interior of the building has been stripped.

“It is not opening to become a movie theater ever again,” Bob Gran said, estimating that it would take up to $2 million to reopen it.

Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.