In-N-Out accepts location conditions

California hamburger chain In-N-Out Burger decided to halt its efforts to put up a 65-foot freeway sign next to a new restaurant it wants to build on Harbor Boulevard next to the off-ramp of the 405 Freeway.

The chain plans to take over the location of Kaplan’s Deli, which has been out of business for four years. When it got its plans for a drive-through and restaurant approved by the Planning Commission, the commission nixed the proposed 65-foot sign and told the developers they had to landscape a portion of the land between the freeway offramp and maintain it.

Several commissioners said at the time that the large sign and lack of landscaping would be unsightly.

Unhappy with the demands, In-N-Out Burger appealed the commission’s decision to the City Council: That appeal was withdrawn before its scheduled hearing Tuesday.

“Thank you for allowing us the time to individually discuss our appeals of the Planning Commission’s decisions regarding the proposed In-N-Out Burger restaurant. Based on these discussions we have decided to withdraw our appeals,” wrote John Puente, on behalf of In-N-Out.

Puente declined to comment on the reason for the withdrawal. Attempts to reach other In-N-Out officials for comment were unsuccessful Tuesday.

Costa Mesa Principal Planner Willa Bouwens-Killeen said there were several reasons the chain that could explain the withdrawal of its appeal: In-N-Out could have determined that it wouldn’t get enough votes on the council to approve its requests, or it could have seen an added value to the business in complying with the Planning Commission’s demands.

“By doing the improvements as conditioned it’s going to give them a nicer appearance off the freeway, when people are thinking about going to their restaurant,” Bouwens-Killeen said.

In-N-Out could also potentially back out of the deal, but company executives seem excited about the location.

“We really want to be there. We really like the site,” said Carl Van Fleet, executive vice president of Planning and Development for In-N-Out, after the Planning Commission made its demands.