Del Valle Drive-Thru
Appeal
Planning and Economic Development Hana Michaelson, Senior Planner CUP23-041 (PRJ23-008)
2000 Sebastopol Road
October 13, 2026
Conditional Use Permit (CUP) for drive-through retail sales • Expansion of the existing Del Valle Mexican Restaurant • Construction of an approximately 850-square-foot drive-through building • Proposed operating hours:
• Monday-Sunday, 7:00 AM to 11:00 PM (staff recommending 7:00AM to 10:00 PM) • Maximum of 2 employees per shift
• Addition of 15 parking spaces to serve the existing restaurant October 13, 2026 2000 Sebastopol Road Appeal
2 Project Description
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3 Project Location
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4 General Plan & Zoning
Zoning:
CG (General Commercial)
General Plan:
Retail and Business Services
Site Plan
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5 Conceptual Elevations
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6 October 13, 2026 2000 Sebastopol Road Appeal
7 Background
• January 9, 2023, a Pre-Application Meeting was held.
• July 11, 2023, a Neighborhood Meeting was held.
• January 19, 2024, Conditional Use Permit and Design Review applications submitted to the City.
• February 6, 2024, informal Neighborhood Meeting held at request of neighbors. • February 12, 2026, Planning Commission held a public hearing and voted 5-2 to adopt Resolution No. PC-RES-2026-005 denying the CUP.
• February 23, 2026, the City Clerk’s Office received an Appeal from the applicant.
October 13, 2026 2000 Sebastopol Road Appeal
8 Grounds for Appeal
• Standard of review.
• The traffic and safety findings are contradicted by the record:
• Collision Data Demonstrates No Disproportionate Safety Issue • Traffic Review Was Conducted Through a Safety Lens
• Kenmore Lane Geometry and Clearance Were Confirmed Adequate • Fire Department Clearance Confirms Physical Suitability • West-to-East & North-to-South Kenmore Length Does Not Support High-Speed Conditions • Pre-Existing Minor-to-Arterial Delay Is Not Project Impact October 13, 2026 2000 Sebastopol Road Appeal
9 Grounds for Appeal (cont’d)
• Speculative future misconduct is not a lawful basis for denial. • Public street status and existing conditions were mischaracterized. • Subjective belief cannot substitute for evidence.
• Use permits running with the land is not a basis for denial. • The site is physically suited and code compliant.
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10 Environmental Review (CEQA)
• The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and qualifies for:
• Class 32 exemption under California Government Code Section 15332 – Infill Development
• Class 3 exemption under California Government Code Section 15303 – New Construction October 13, 2026 2000 Sebastopol Road Appeal
11 Public Comment
• Concerns regarding the Project’s size, configuration, location at a heavily impacted traffic intersection, and proximity to the existing single-family residential neighborhood.
• Potential impacts on the Kenmore Lane neighborhood, including vehicles exiting through local residential streets, as well as increased noise, traffic, and circulation issues.
Recommendation
The Planning and Economic Development Department recommends that the City Council consider the recommendations of the Planning Commission and City staff and, by resolution, either 1) deny the Appeal and uphold the Planning Commission's denial of the Conditional Use Permit for the Del Valle Drive-Thru project; or 2) accept the Appeal and approve the Conditional Use Permit for the Del Valle Drive-Thru project. This item has no impact on current fiscal year budget.
October 13, 2026 2000 Sebastopol Road Appeal
12 Questions?