Agenda Item #16.2
For Council Meeting of: October 13, 2026
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: GABE OSBURN, DIRECTOR, PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT SUBJECT: DEL VALLE DRIVE-THRU APPEAL
AGENDA ACTION: RESOLUTION
RECOMMENDATION
The Planning and Economic Development Department recommends that the Council consider the Planning Commission’s decision and City staff’s recommendation 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 located at 2000 Sebastopol Road; or 2) grant the appeal and approve the Conditional Use Permit for the project. This item has no impact on the current fiscal year budget.
EXECUTIVE SUMMARY
The proposed project includes construction of an approximately 850-square-foot drive-through building on a separate parcel adjacent to the existing Del Valle Mexican Restaurant at 2000 Sebastopol Road. The proposed drive-through would operate as an accessory use to the restaurant. Required entitlements include a Conditional Use Permit (CUP) for drive-through service and Minor Design Review for the new commercial structure. While City staff recommended approval of the CUP, on February 12, 2026, the Planning Commission adopted Resolution No. PC-RES-2026-005 by a vote of 5-2, denying the application based on site unsuitability, noise, safety, and traffic impacts. On February 23, 2026, pursuant to City Code Chapter 20-62, the applicant appealed the decision of the Planning Commission. The Appeal Form identifies the following grounds for appeal: contradiction of traffic and safety findings; speculative future misconduct; mischaracterization of public street status and existing conditions; subjective belief substituting for evidence; that the CUP running with the land is not a valid basis for denial; and suitability of the site for the proposed use. City staff’s position on the findings for granting approval has not changed. As such, the action before the Council includes two options: 1) Deny the appeal and uphold the Planning Commission’s denial, or 2) Grant the appeal and approve the Conditional Use Permit.
GOAL
This item relates to Council Goal #3 - Promote Citywide Economic Development because it supports the expansion of an existing local business and the creation of new employment opportunities in the Roseland Area Priority Development Area (PDA) in southwest Santa Rosa.
BACKGROUND
Project Description
The Project seeks approval of a CUP to construct and operate an approximately 850-square-foot drive-through facility as an accessory use to the existing Del Valle Mexican restaurant. The proposed drive-through building would be located on the western portion of the site and would include a drive-through lane, vehicle-screening improvements, 15 onsite parking spaces, including one accessible space, and a trash enclosure.
The original application proposed hours of operation from 7:00 a.m. to 11:00 p.m., seven days a week. Due to the site's proximity to adjacent residential uses, staff recommends a condition of approval limiting drive-through hours to 7:00 a.m. to 10:00 p.m. to ensure that the operating characteristics are compatible with the adjacent residential uses and will not potentially result in late-night disturbances, as regulations set forth in the City’s Noise Ordinance further limit allowable noise levels after 10:00 p.m. The drive-through would be staffed by approximately two employees per shift. Vehicles would access the drive-through from Sebastopol Road, proceed through the queue lane, and exit onto Kenmore Lane via the alley located behind the project site.
The drive-through queue lane is designed to accommodate up to 10 vehicles. During peak periods, drive-through staff will monitor on-site circulation and queue lengths. If the queue reaches capacity, the drive-through entrance will be temporarily closed until the number of vehicles in the queue is reduced, thereby minimizing the potential for traffic impacts on adjacent roadways.
Site Description & Present Use
The Project site is an approximately 0.29-acre parcel located south of Highway 12 and adjacent to the existing Del Valle Mexican Restaurant. The parcel is bounded by Sebastopol Road to the north, Kenmore Lane to the south and west, and the restaurant property to the east. The Project site currently consists primarily of an undeveloped parking area. The existing 1,273-square-foot Del Valle Mexican Restaurant was originally constructed in 1963.
Surrounding Properties and Neighborhood
The Project is located within the CG (General Commercial) zoning district. Surrounding land uses are a mix of commercial and residential development. Stony Point Plaza, a 16-acre shopping center, is located to the north, and Southgate Plaza, a 1.2-acre shopping center, is located to the south. A Popeyes restaurant with an existing drive-through occupies the 0.69-acre parcel to the east. Single-family residential neighborhoods along Kenmore Lane are located to the south and west.
Project History
August 2, 2022
Development Review Pre-Application Meeting held.
January 9, 2023
Pre-Application Neighborhood Meeting held.
July 11, 2023
Project applications submitted.
January 19, 2024
City mailed a Notice of Application inviting questions, comments, and recommendations regarding the proposed project.
February 6, 2024
Informal Neighborhood Meeting held at the request of neighbors.
February 12, 2026
The Planning Commission held a public hearing and voted 5-2 to adopt Resolution No. PC-RES-2026-005 denying the CUP.
February 23, 2026
An appeal was filed by the applicant.
ANALYSIS
As outlined in the attached Planning Commission staff report (Attachment 12) and draft Planning Commission resolution of approval (Attachment 14), based on the Project information, including the supporting technical documents, City staff determined that all required CUP findings could be made and recommended approval of the Project. However, following its review of the administrative record, including public comment, five of the seven Commissioners reached a different conclusion. By a vote of 5 to 2, the Commission adopted Resolution No. PC-RES-2026-005 (Attachment 15) denying the Project, finding that noise and traffic impacts from the proposed drive-through would further exacerbate existing adverse traffic conditions on Kenmore Lane and Sebastopol Road, and that the Project includes inadequate ingress and egress as they relate to the proposed queuing plan.
Given that the Planning Commission’s action differed from staff’s recommendation, and that City staff’s analysis remains unchanged, two draft resolutions have been prepared for Council consideration, one reflecting the Planning Commission’s resolution of denial and one reflecting staff’s recommendation of approval.
Grounds for Appeal and Response
The Appeal Form, received on February 23, 2026 (Attachment 11), identifies the following grounds for appeal. The headings below reproduce the appellant’s stated grounds:
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 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
The administrative record includes several technical studies that evaluate the Project's operational and environmental impacts, as well as public comment received during the public hearing and via written correspondence, which are all summarized below.
Transportation Studies
Two Transportation Studies were prepared by W-Trans (Attachment 5) and evaluated site access, circulation, projected drive-through operations, vehicle queuing, and potential traffic impacts. The studies identified operational measures intended to address access and queuing concerns, including implementation of a Queue Management Plan. Based on the analyses and recommended conditions of approval, the studies concluded that the proposed drive-through use could operate without creating significant traffic or circulation impacts.
Noise Impact Study
A Noise Impact Study prepared by Yorke Engineering, dated October 2025 (Attachment 6), evaluated potential noise impacts associated with operation of the proposed drive-through. The study concluded that noise generated by the drive-through operation would be minimal due to the site’s location adjacent to Sebastopol Road and near Stony Point Road and Highway 12, where roadway traffic is the dominant source of ambient noise. The study found that, with the proposed project design and conditions of approval, the Project would not generate excessive noise or vibration at nearby residential properties and that potential noise impacts would be less than significant.
Air Quality and Greenhouse Gas Analysis
The Air Quality and Greenhouse Gas Analysis prepared by Yorke Engineering, dated November 1, 2024 (Attachment 7) found that temporary construction emissions and projected operational emissions would result in less-than-significant impacts.
Public Comment
The Commission received comments from members of the public, both in person and via written correspondence (Attachment 9), expressing concerns regarding the Project’s size, configuration, location at a heavily impacted traffic intersection, and proximity to the existing single-family residential neighborhood. Commenters expressed concerns about potential impacts on the Kenmore Lane neighborhood, including vehicles exiting through local residential streets, as well as increased noise, traffic, and circulation issues.
As outlined in the attached Planning Commission staff report, review conducted by the City's Planning, Transportation, Engineering, Building, and Fire divisions did not identify impacts that would warrant denial of the CUP and, accordingly, recommended project approval. However, concerns were raised by the Planning Commission regarding traffic impacts and site accessibility specifically related to the Queue Management Plan included in the Focused Transportation Study. While the Study concluded that on-site vehicle queuing of up to 10 vehicles could be accommodated and that the proposed Queue Management Plan provides an operational mechanism to address periods of peak demand, the Commission expressed concerns regarding the effectiveness of these measures under actual operating conditions and their ability to prevent potential impacts to surrounding roadways and neighborhoods. Ultimately, the Commission found that noise and traffic impacts from the proposed use would further exacerbate existing adverse traffic conditions on Kenmore Lane and Sebastopol Road, and that the Project includes inadequate ingress and egress as they relate to the proposed queuing plan. Further, given the information in the administrative record, including public comment, the Commission found that the proposed conditions of approval, and reliance on future code enforcement actions, would not address the concerns raised.
The Commission expressed concerns regarding the suitability of the site for drive-through use and the potential for operational and circulation impacts if demand for the proposed drive-through exceeds projected levels. While the applicant argues that anticipated business success is not a consideration under the CUP findings, the Commission's discussion reflected broader concerns regarding traffic circulation, queue management, site constraints, and the site's ability to accommodate the proposed use without adverse impacts.
FISCAL IMPACT
Approval of this action does not have a fiscal impact on the General Fund.
ENVIRONMENTAL IMPACT
If the Council grants the appeal and approves the Project, the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303(c) and 15332, as described in the attached draft resolution of approval. None of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply.
If the Council denies the appeal and upholds the Planning Commission’s denial of the Project, CEQA does not apply pursuant to CEQA Guidelines Section 15270(a), which applies to projects that a public agency rejects or disapproves.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
On February 12, 2026, the Commission denied the Project by a vote of 5 to 2. The findings for this decision are presented in the adopted Resolution of Denial PC-RES-2026-005 (Attachment 15). Staff’s analysis of the Project’s findings for approval remains unchanged and can be found in the draft resolution of approval for consideration by the Council.
NOTIFICATION
The Project was noticed as a public hearing per the requirements of Chapter 20-66 of the City Code. Notification of this public hearing was provided by posting an on-site sign, publishing notice in a newspaper of general circulation, mailing notice to surrounding property owners and occupants, providing electronic notice to parties that had expressed interest in projects taking place in this geographic area of Santa Rosa, and bulletin board postings at City Hall and on the City website. Pursuant to Government Code Section 65091, where necessary, the City has incorporated notice procedures to the blind, aged, and disabled communities. These procedures include audio amplifier/assistive listening device support at public meetings, closed captioning, and optical character recognition conversion of electronic notices.
ATTACHMENTS
Attachment 1 -
Disclosure Form
Attachment 2 -
Location Map
Attachment 3 -
Project Narrative
Attachment 4 -
Project Plans
Attachment 5 -
Focused Transportation Study
Attachment 6 -
Noise Study
Attachment 7 -
Air Quality & GHG Analysis
Attachment 8 -
Original Site Plan
Attachment 9 -
Public Comment Prior to February 12, 2026
Attachment 10 -
Public Comment After February 12, 2026
Attachment 11 -
Appeal Form
Attachment 12 -
Planning Commission Staff Report
Attachment 13 -
Planning Commission Minutes, February 12, 2026
Attachment 14 -
Planning Commission Draft Approval Resolution with Exhibit A and Exhibit B Attachment 15 -
Planning Commission Adopted Resolution of Denial - PC-RES-2026-005 Draft Resolution of Approval with Exhibits A and B
Draft Resolution of Denial
PRESENTER
Hana Michaelson, Senior Planner
DEL VALLE DRIVE-THRU APPEAL
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