Agenda Item Wording:
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Revised Resolution - Adoption of Revised Resolution No. 2024-52, per City Council direction from the February 3, 2025, City Council meeting, upholding the appeal of and overturning the Visalia Planning Commission's denial of Conditional Use Permit No. 2024-29 for the Jack in the Box restaurant.
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Deadline for Action: 2/18/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Josh Dan, Senior Planner, josh.dan@visalia.city <mailto:josh.dan@visalia.city>, (559) 713-4003
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Summary: The attached Revised Resolution No. 2024-52 reflects the decision of the City Council to uphold the appeal and overturn Planning Commission’s denial of Conditional Use Permit No. 2024-29. The resolution included with the February 3, 2025, City Council staff report was written for denial of the project, which was the original recommended action. The City Council’s action to approve the project requires that a new resolution reflecting the approval must be prepared. The revised resolution includes all applicable conditions of project approval based on conditions for variances in the City of Visalia.
Background Discussion:
The City Council conducted a public hearing on February 3, 2025, regarding the appeal of Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend Condition No. 10 of Conditional Use Permit No. 2021-22. The conditions which the Planning Commission opted to include, limited the hours of operation from 5:00 A.M. to 12:00 P.M. (midnight). The applicant’s requested amendment was to allow 24-hour operation of the restaurant.
The City Council, after receiving a staff presentation and public testimony concluded that the Jack in the Box restaurant serves the area well and with the addition of mature plants the applicant may amend their hours of operation to a 24-hour business. The City Council approved the motion to uphold the appeal and overturn Planning Commission’s denial and approve Conditional Use Permit No. 2024-29.
Fiscal Impact:
N/A
Prior Council Action: On September 16, 2024, a public hearing was held 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 operation for the Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051). The item was continued to a date uncertain.
Committee/Commission Review and Action:
• On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021-22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote.
• On August 12, 2024, the Planning Commission denied, by a 5-0 vote, Conditional Use Permit No. 2024-29, a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051).
Alternatives: There are no alternatives to the City Council decision.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve Revised Resolution No. 2024-52, approving Conditional Use Permit No. 2024-29, allowing the business to operate 24-hours a day and subject to the applicant planting mature plants to screen the drive-thru lane to a height of three feet, consistent with the performance standards of Visalia Municipal Code Section 17.32.162 Drive-thru performance standards, subsection B.5.
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CEQA Review: This project is considered Categorically Exempt under Section 15332 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) for In-fill Development Projects that are consistent applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations (Categorical Exemption No. 2024-40).
Attachments:
• Revised Resolution No. 2024-52
• Aerial Map