Legislation Details

File #: 24-0374    Version: 1
Type: Public Hearing Item Status: Agenda Ready
File created: 9/4/2024 In control: Visalia City Council
On agenda: 9/16/2024 Final action:
Title: Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission's denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operational for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the C-N (Neighborhood Commercial) zone (APN: 100-120-051).
Attachments: 1. Resolution No. 2024-52, 2. Attachment 1 - Appeal by Patrice Roux, 3. Attachment 2 - Planning Commission Staff Report dated August 12, 2024, 4. Attachment 3 - Signed Amended Reso No. 2021-41 -- CUP No. 2021-22, 5. Attachment 4 - Petition to oppose the 24-hour request_Received 09.10.2024, 6. Site Plan Review Comments, 7. General Plan Land Use Map, 8. Zoning Map, 9. Aerial Map, 10. Location Map, 11. PowerPoint Presentation 09.16.2024
Agenda Item Wording:
title
Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission's denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operational for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the C-N (Neighborhood Commercial) zone (APN: 100-120-051).
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Deadline for Action: 9/16/2024

Submitting Department: Community Development

Contact Name and Phone Number:
Josh Dan, Senior Planner, josh.dan@visalia.city, (559) 713-4003
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city, (559) 713-4025

Department Recommendation:
Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-52 denying the appeal and upholding the Planning Commission's denial of Conditional Use Permit No. 2024-29. It is standard practice for staff to recommend the upholding of a Planning Commission action.

Summary:
The applicant is appealing the decision of the Planning Commission's denial to amend the hours of operation for a Jack in the Box fast-food restaurant previously approved per Conditional Use Permit (CUP) No. 2021-22, located at 1145 South Lovers Lane. The CUP amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day. The Planning Commission initially adopted the hours of operations after receiving public comment in 2021, in opposition to the applicant's initial request to permit this fast-food restaurant to operate 24-hours a day.

Background Discussion:
Conditional Use Permit (CUP) No. 2021-22 was a request to permit the development of approximately 1.12-acres of C-N zoned property with a 1,315 square foot Jack in the Box fast-foot restaurant. This fast-food restaurant is designed with only a walk-up window and drive-thru lane; there is no ...

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