- In 1988 the City worked with the school district and established zoning restrictions that specifically prohibited stand-alone restaurants at this site. An exception would be allowed to serve needs of on-site employees - example being a small cafe or convenience kiosk within a business.
- In December 2020 City Staff recommended the Planning Commission approve the proposed Raising Cane’s restaurant including a drive-thru with a 22-car capacity. During the meeting Commission members were curious about BOUSD’s position regarding the elimination of the restaurant restrictions.
- No formal request by the City Planning Staff for BOUSD’s position had been made. Additionally there is no evidence in the public record that City Staff had informed BOUSD Staff that existing zoning restrictions prohibited restaurants.
- A Commission member requested that the vote be postponed until BOUSD’ position was known. City Staff responded that delaying the vote would not change BOUSD’s “non-position” on the proposal.
- The planning commission approved the Project. It was appealed.
- It was only after this appeal that city staff presented the proposed project to the School Board in January 2021. BOUSD’s Board voted to oppose the project.
- On February 16, 2021 Brea’s City Council approved the project.
- SAFE’s lawsuit to stop the Project was filed in Orange County Superior Court in March 2021.
SAFE has filed suit to prohibit construction of a Raising Cane’s fast food drive-thru across Flower Avenue from Laurel Elementary.
We are not opposed to development. SAFE is not opposed to Raising Cane’s. We are opposed to Raising Cane’s development at the proposed location.
We don’t think Laurel Elementary should have a drive-thru restaurant across the street from its front yard.
We don’t believe a high-volume fast food restaurant should be built across the street from any elementary school.
Brea’s BOUSD School Board voted to inform the Brea City Council they were opposed to the project due to concerns about pedestrian safety and traffic.
Nonetheless, the City Council voted to approve the project.
SAFE initiated the lawsuit. The hearing is currently scheduled for November this year. The decision will be based on technicalities. SAFE contends the City did not follow its own rules for development. This is not an appropriate location for such development.
You can read the 3/24/2021 SAFE lawsuit original petition here.
You can also read SAFE's opening brief on 8/20/2021 here.