Legislation Details

File #: 24-0426    Version: 1
Type: Regular Item Status: Agenda Ready
File created: 9/26/2024 In control: Visalia City Council
On agenda: 10/21/2024 Final action:
Title: Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission's approval of a request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011).
Attachments: 1. Resolution No. 2024-59, 2. Attachment 1 - Appeal by Duane Rodriguez, 3. Attachment 2 - Notice of CUP Suspension, 4. Attachment 3 - September 23, 2024 Planning Commission Staff Report, 5. Attachment 4 - Resolution No. 2024-61, 6. Attachment 5 - Letter of Support dated September 12, 2024, 7. Attachment 6 - Late Correspondence memorandum and letter from Duane Rodriguez, 8. Attachment 7 – Calls for Service 2023 & January 1st through August 4th 2024, 9. Attachment 8 – Resolution No. 2011-39 & Conditional Use Permit No. 2011-18 Staff Report dated September 12, 2011, 10. Aerial Map, 11. PowerPoint Presentation, 12. Public Comment - Appeal Hearing Rookies Public Comment, 13. Public Comment - Request for Recusal of Councilmembers Taylor and Nelsen from CUP Appeal Discussion and Vote
Agenda Item Wording:
title
Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission's approval of a request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011).
body

Deadline for Action: 10/21/2024

Submitting Department: Community Development

Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city

Department Recommendation:
Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-59 denying the appeal and upholding the Planning Commission's revocation of Conditional Use Permit No. 2011-18.
However, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternative motions:
1. Uphold the decision of the Planning Commission to deny CUP No. 2011-18 but deny the CUP without prejudice. This would allow an application for a conditional use permit for the same or substantially the same conditional use on the same site to be filed without having to wait one year; or
2. Uphold the appeal and deny revocation of Conditional Use Permit No. 2011-18, allowing the Conditional Use Permit approval to remain in place, subject to the conditions as adopted per Resolution No. 2011-39; or
3. Move to direct staff to work with the applicant/owner to establish new and/or revised conditions of project approval that reflect the applicant/owners desire to modify and update their operational statement, security plan, and operating conditions that will better effectuate how live entertainment is properly managed when offered within the Downtown Rookies Sports Bar and Grill restaurant. The revisions t...

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