Use Permit - Withdrawn - 2003April 10, 2003
Raj Yadav
3550 Mowry Ave. 4/300
Fremont, CA 94538
CITY OF CAMPBELL
Community Development Department
CAMPBELL
Re:
Application for a Conditional Use Permit for Late Night Hours at Del Taco
PLN2003-36 - 771 W. Hamilton Avenue
Dear Mr. Yadav,
The Planning Division has reviewed your application for a Conditional Use Permit for late night
hours at Del Taco at 771 West Hamilton Avenue. As you are aware, the City Council adopted an
amendment to the City's Zoning Code in 2001 that requires all uses that are non-conforming
with regards to their hours of operation to come into compliance with all applicable regulations
of the Zoning Code by May 3, 2003. Conditional Use Permits are required for late night uses
occurring between 11:00 p.m. and 6:00 a.m. in the Neighborhood Commercial (C-l), General
Commercial (C-2) and Central Commercial (C-3) zoning districts.
Your commercial business is located in the Planned Development (P-D) zoning district. After
receiving your application, I consulted with the City's Attorney and determined that the Zoning
Code does not include any regulations that require approval of a Conditional Use Permit for late
night hours in the P-D zoning district. Consequently, your business cannot be non-conforming
with regards to the hours of operation and a Conditional Use Permit is not required to continue
late night operations. Based on this determination, your application cannot be and you will be
refunded the fees that you paid on March 31, 2003 in the amount of $1,122 for the Modification
to an existing Use Permit. This refund check will be mailed to you on Monday, April 14th.
I realize that you have spent a great deal of time, money and effort preparing the application
submittal and that you consulted with staff before submitting the application and were told that
the application was required. Staff mistakenly believed that the Use Permit was required for all
commercial uses in the City until the City Attorney determined the contrary. I apologize for any
inconvenience that this has caused you and hope that you understand that this was an inadvertent
mistake.
The City is currently conducting an update of the Zoning Code and reviewing the current
regulations of the P-D zoning district. It is possible that in the future the P-D zoning district may
be amended to require approval of a Conditional Use Permit for late night hours. Public notice
will be provided if any of these changes are proposed.
Please feel free to contact me if you have any questions regarding this issue at (408) 866-2193.
Sincerely,
Darcy Smith
Planner II
70 North First Street · Campbell, California 95OO8-1436 . ]-Iil 408.866.2140 · FAX 408.871.5140 · TI)t) 408.866.2790
S UDHAVAN, INC.
SAVERA, INC.
A FRnNC~ISEE OF DEfT^co, INC.
To:
From:
Date:
Re:
Planning Division
Rajendra Yadav
April I 2003
771 W. Hamilton Ave, Campbell, CA
Drive Thru late Hours use for Del Taco Rest.
File NO. PLN2003-36
To Whom It May Concern:
We have filed a Drive Thru Use Permit Application in City Planning along with all
requirements and with Fees to extend the opening hours to be 24 hfs Drive Thru seven
days a week. Del Taco is a Fast Food Mexican Restaurants has been in operation at this
location since 1975, in past this restaurants always had Drive Thru open 24 hrs seven days
a week.
I purchased this location on Jan 3 2002. Unfortunately ! was not aware of any notices from
city regarding the restricting the late night use of Drive Thru operation.
Our Business opening hours are as follows:
Dinning Room Closed Everyday at 10:00
Sunday - Thursday 7.00 AM TO 12:00 PM
Friday - Saturday 7.00 AM TO 2:00 AM
We tend to reduce opening hours due to winter weather and open longer hours in summer.
!t is important for us to open late in order to stay in business and make the necessary sales
volume to survive.
Del Taco is located on very busy street, which is main artery of City of Campbell, which
connects highway17 to ]:-280 and also located in such area, which is surrounded by offices
and retails stores, and it is not closed to any immediate residents neighborhood.
Please consider all the facts we are requesting to stay open 24 hours of Drive Thru usage
everyday as it was before
THANK YOU VERY MUCH AND FEEL FREE TO CALL ME AT 510-909-8384 FOR ANY QUESTI'ON YOU
MAY HAVE.
'~ Rajer~ra Yadav
3550 MowR¥ AVENU£, Stax£ #300, F~Mo~rr, CA 94538 P~ONE: (510) 791-TACO (8226) FAX: (510) 791-8239