Walnut Creek Planning Commission Meeting - July 10, 2025: Elia Restaurant CUP and Taco Bell Drive-Thru Approvals
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Walnut Creek Planning Commission Meeting - July 10, 2025
The Walnut Creek Planning Commission met on July 10, 2025, at 6:00 p.m. in the Council Chamber, 1666 North Main Street. The commission considered two public hearings: a Conditional Use Permit (CUP) for Elia Restaurant to extend alcohol service hours, and a CUP and Design Review for a new Taco Bell drive-thru at the Rossmoor Shopping Center. Both items were approved unanimously with specific conditions.
Consent Calendar
- No items were on the consent calendar; the commission moved directly to public communications.
Public Comments & Testimony
- Taco Bell Drive-Thru: Six members of the public spoke in opposition. Concerns included traffic congestion and pedestrian safety for senior citizens, potential for increased crime and trash, incompatibility with the neighborhood's character (architectural design, purple/black colors), and the viability of the business (citing a closed Taco Bell in Moraga). Two employees of the applicant spoke in support, highlighting the company's community involvement (DRG Cares scholarship program, cleaning routines) and the need for jobs.
- Elia Restaurant: No public comments were made.
Discussion Items
Elia Restaurant - CUP for Extended Alcohol Hours (Item 4a)
- Project: CUP to extend alcohol sales/service until 12:00 a.m. and consumption until 12:30 a.m., seven days a week, at 1520 Locust Street (3,000 sq ft restaurant, 239 sq ft patio). Current hours: alcohol sales/service until 10:30 p.m., consumption until 11:00 p.m.
- Background: In August 2024, the commission reduced hours after multiple police violations; after a 90-day probationary period ending December 3, 2024, the restaurant operated in compliance and original hours were reinstated. No violations since July 2024.
- Staff Recommendation: Approve CUP effective September 5, 2025 (after one full year of compliance). Walnut Creek Police Department supports the permit. A condition requires an outdoor dining permit (passed in September 2024) to be obtained; the CUP includes a mechanism for revocation if issues recur.
- Commission Discussion: Commissioners praised the owner's cooperation and noted that 13 other establishments already hold similar late-night alcohol permits (e.g., Original Joe's, Luna C Lounge, Pinstripes serve until 12:30 a.m.).
Taco Bell Drive-Thru at Rossmoor Shopping Center (Item 4b)
- Project: New 1,495 sq ft Taco Bell with drive-thru and takeout window on a 12.4-acre site at 1960 Tice Valley Boulevard (APN 186-030-049). Includes 9 indoor seats, outdoor seating, new landscaping (over 5,000 sq ft), bioretention basin, and one internally illuminated wall sign (45 sq ft).
- Design Changes: After a June 4, 2025 Design Review Commission study session, the applicant: saved two London plane trees (one poor-health tree removed with arborist approval), changed the primary wall color from black to "cyberspace" (charcoal neutral blue) and bold purple to match the shopping center's beige/gray tones, removed two of three signs (now one sign facing away from residential area toward the Chevron station), and added four new light poles.
- Hours: Originally proposed dining room close at midnight, drive-thru until 2:00 a.m. During the hearing, applicant agreed to close both at midnight. Staff noted the draft resolution referenced 2:00 a.m. but the commission modified the condition to midnight.
- Traffic & Queuing: Applicant provided a queuing analysis showing capacity for 9 stacked vehicles (industry standard 6-7). Drive-thru order/pickup has two lanes (one for pre-orders, one for placing orders). Exit from the drive-thru includes a stop sign. Parking reduced by 35 stalls to 502, still exceeding the 4.0 per 1,000 sq ft standard (achieving 4.2).
- Support: Staff recommended approval, citing consistency with the 2016 Mitigated Negative Declaration for the Rossmoor Shopping Center expansion and CEQA exemption Section 15303.
Key Outcomes
- Elia Restaurant CUP (Motion by Commissioner, seconded): Adopted Resolution Y25-007, approving extended alcohol sales/service until 12:00 a.m. and consumption until 12:30 a.m., seven days a week, effective September 5, 2025. Vote: 7-0 (all present).
- Taco Bell Drive-Thru CUP and Design Review (Motion by Commissioner Strongman, seconded by Commissioner Klopp): Approved Resolution Y24-071 with a condition that the entire establishment (dining room, drive-thru, and takeout window) close at 12:00 a.m. daily (instead of 2:00 a.m. as originally proposed). Vote: 7-0.
- Commission Consideration: Commissioner Klopp requested a future tutorial on recent CEQA changes (AB 131 and SB 232); staff agreed to distribute a summary.
- Commission Reports: Vice Chair Nieting reported from the TransPAC meeting noting the Walnut Creek bikeway project is approved but not fully funded, and the development of an integrated transit plan for Contra Costa County.
- Next Regular Meeting: July 24, 2025, at 6:00 p.m.
Meeting Transcript
15 seconds. Okay. Good evening. Welcome to the July 10th Planning Commission meeting. Thank you, Chair. Commissioner Moran? Here. Commissioner Cound. Here. Commissioner Strongman. Here. Commissioner Quok. Here. Commissioner Klopp. Here. Vice Chair Knighting? Here. Chair Anderson. Here. All is present. We have Quorum. Very good. Item one or item two, rather, is consent calendar. Do we have anything on the consent calendar tonight? Staff has nothing to recommend. Okay. And we will pass on to uh number three public communications. There are there are two parts of the meeting this evening where the public gets to comment. One is during each individual hearing if they have comments on that particular item, or if they haven't uh comment on something which was in within the jurisdiction of the planning commission, but not on tonight's agenda that they wish to speak on. Uh they can you can do that now regardless of when you speak if you would fill out a speaker card, that would be helpful to us. Anyone wish to make a public communication at this time? Does not appear so then I will go on and ask the if anyone has any ex parte communications to disclose. Seeing none. Uh move on to item four, which is the public hearing for Elia's restaurant. Um requesting planning commission approval of a conditional use permit to approve to extend alcohol sales and service until 12 a.m. with consumption permitted until 12 30 a.m. seven days a week. Hello, good evening, Chair and Commissioners. Uh my name is Simmer Gill, senior planner with the city. Uh we are here tonight to consider the conditional use permit for Elia Restaurant and Bar that's located at 1520 Locust Street. And the conditional use permit is to serve alcohol past 11 p.m. at this establishment. Uh the applicant representing the project, Guy Houston is here tonight. And from the city, we have Lieutenant Slater and myself to answer any questions that you may have after the presentation. And I also wanted to point out that the draft resolution attachment one of your agenda packet has been updated to follow the notice of appeal procedures in the Muni Code. Um we staff had missed uh the 10-day appeal period date, so the additional language is added in red font on pages one and eleven of attachment one. And just to orient you with the site, Ellia uh restaurant is a 3,000 square foot restaurant with a 239 square foot outdoor uh patio area right in front of the restaurant. Uh it is located between two other similar establishments, Vanessa's bistro and uh Limone. And the surrounding area consists primarily uh a mix of commercial uses, primarily restaurants and retail, and there is a mixed-use multifamily development uh the Lyric building located right across the way. The site is zoned pedestrian retail, uh which does permit restaurant uses by right, and a use permit is required to serve alcohol past 11 p.m.
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