MAC Denies Fast-Food Drive-Thru Appeal

Time for another round of debate on one of Castro Valley's favorite subjects: fast-food restaurants.

The Castro Valley Municipal Advisory Council (MAC) heard an appeal at their Monday night meeting that would have potentially overturned a ruling by the county’s Planning Commission and allowed a disused drive-through window to reopen at 2788 Castro Valley Boulevard.

That site has housed various restaurants through the last 50-plus years, from “El Taco” in the late 1960s to Pancho’s in the 1980s to the more recent Tofu House and Von’s Chicken.

Since 1993, the Castro Valley Central Business District Specific Plan has prohibited drive-through windows in this particular zone. The new owner/applicants had hoped to be grandfathered in due to the preexistence of the window. Still, the Planning Commission said a continued-use exemption should not be made because the drive-through window has been boarded up and unused for at least ten years. The applicant filed an appeal of the Planning Commission’s decision.

The MAC ultimately denied the appeal, voting 4-3 (with MAC members Ken Carbone, Chick Moore, and Tojo Thomas dissenting) to uphold the county decision. Moore explained that he felt the window could be viable, especially since more people are opting for take-out and meal delivery services.

“I think COVID really changed the way we dine,” said Moore.  He added that older or disabled people would appreciate the option of not having to get out of their cars.

Also, at Monday’s meeting, the MAC unanimously approved an application to build a 5,000-square-foot single-family home with an attached garage at 21631 Eden Canyon Road- the parcel had to be rezoned from agricultural to residential use.

The MAC raised questions about the size of the structure, the steepness of the hill it would be built on, its position between two major fault lines, and potential impacts on animal habitats, but ultimately approved the application.

“It’s going to be a beautiful place, no question,” said Carbone. Finally, the MAC continued an item that would have allowed the construction of a new single-family home at 495 Proctor Road. Neighbors say the project is too big, and there are drainage issues and parking worries.

The MAC recommended that the applicant make several design changes, including moving the structure on the lot so it would be further away from neighboring homes and a redesign. They told the applicant to return with a new application once the adjustments were made.