STUDIO CITY : City Decides Against Hearing on Eatery

Controversy continues to dog a fast-food restaurant proposed for the corner of Cahuenga Boulevard and Regal Place, with a nearby business protesting a Los Angeles agency’s decision not to hold a public hearing on the project.

The city Building and Safety Department will not require In-N-Out Burger to undergo a special review because such reviews are only required for significant projects in which a property converts from one kind of business to another, said Vic Penera, head of the department’s plan check division.

Penera said the department is still processing In-N-Out Burger’s application for a building permit, and has not made a final decision on the project yet.

A car dealer that would be the eatery’s next-door neighbor has contested the department’s decision not to require a special review, called a site plan review.

In a letter on Friday to Arthur J. Johnson, the department’s general manager, Universal City Nissan said that a public hearing should be held because the project is significant and because the business on the property is changing from a gas station to a restaurant.

The project is expected to bring 1,600 new car trips a day to the area. The Building and Safety Department considers a project that generates 500 or more trips a day to be one that might merit a special review.

The Studio City Residents Assn. has opposed the project, saying that it could damage the ambience of the neighborhood and exacerbate existing traffic snarls in the area.

The city said that because the gas station would be torn down before the restaurant would be built, the restaurant would be considered a new business rather than a converted business--and, thus, is not subject to the public hearing requirement.

Asked whether a special review should be done anyway, considering that the project will probably have significant traffic impacts, Penera answered, “That’s up to the lawmakers to decide. It’s not up to the opinion of Building and Safety.”