Agenda Item Wording:
title
Appeal - A Public Hearing to consider an appeal of the Planning Commission’s approval of Condition of Approval No. 3 of Resolution No. 2025-71, requiring the drive-thru hours of operation to cease at 10:00 P.M. every day of the week for Conditional Use Permit No. 2025-32, which was a request to construct a 4,130 square foot building with a drive-thru to operate from 6:00 A.M. to 2:00 A.M. seven days a week. The site is located at the southeast corner of West Caldwell Ave and South Stonebrook Street in the C-R (Regional Commercial) zone (APN: 122-390-002).
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Agenda Date: 03/16/2026
Prepared by:
Colleen A. Moreno, Assistant Planner, colleen.moreno@visalia.gov, (559) 713-4031;
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.gov, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council receive the staff report and staff presentation, hold a public hearing, and adopt Resolution No. 2026-08 denying the appeal and upholding the Planning Commission’s Condition of Approval No. 3 regarding the hours of operation for the drive-thru for Conditional Use Permit No. 2025-32. It is standard practice for staff to recommend the upholding of Planning Commission’s action.
Summary:
The applicant filed an appeal of Planning Commission’s decision to restrict the hours of operation for the drive-thru with Condition of Approval No. 3 of Conditional Use Permit No. 2025-32. Condition No. 3 requires the drive-thru hours of operation to cease at 10:00 P.M. every day of the week but allows the restaurant to operate till 2:00 A.M. every day of the week. The applicant was seeking to operate both the interior of the restaurant and the drive-thru with the same hours of operation which were from 6:00 A.M. to 2:00 A.M. every day of the week. As result of the Planning Commission’s approval with the modified hours related to the drive-thru use, the appellant filed an appeal which is included as Attachment “A” to this staff report.
Background Discussion:
Conditional Use Permit (CUP) No. 2025-32 was a request to construct a 4,130 square foot building with two tenant spaces within the Caldwell 51 Specific Plan Subarea A. One tenant space is proposed to be a quick-serve restaurant with a drive-thru for Javi’s Taco Shack and the second tenant space use has yet to be determined. The two tenant spaces will be constructed in two phases; Phase 1 will include site improvements, drive-thru lane, parking, landscaping, and a 2,740 square foot tenant space for Javi’s Taco Shop that will be utilizing the proposed drive-thru lane. Phase 2 will include the construction of the remainder 1,390 square foot building for the second tenant space.
Fast food restaurant uses, with a drive-thru lane, are considered a “permitted use” in the C-R zone subject to the drive-thru performance standards established in Section 17.32.162 of the Visalia Municipal Code (VMC). A conditional use permit is required based on the drive-thru not complying with subsection B(1) of the above referenced section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property to the north of the project site.
Project Analysis
On February 9, 2026, CUP No. 2025-32 was heard before the Planning Commission. The applicant was seeking to operate both the drive-thru and the interior of the restaurant from 6:00 A.M. to 2:00 A.M. The Planning Commission deliberated the hours of operation for the drive-thru and the proximity to residential uses to the north as well as the surrounding commercial uses within the Caldwell 51 Specific Plan, Subarea A. The Planning Commission concluded that it would be appropriate to restrict the hours of operation of the drive-thru to 10:00 P.M., but still allow the hours of operation for the interior of the restaurant to 2:00 A.M.
Planning Commission discussed and decided that adding the condition restricting the drive-thru hours of operation was warranted based on the project’s proximity to the existing single-family residential subdivision to the north of the project site as well as the commercial businesses surrounding the project site. Some Commissioners stated the existing commercial uses, which also include drive-thru lanes near the project site, were closed by 10:00 P.M. The Planning Commission stated that limiting the hours of the drive-thru was compatible with those existing businesses hours of operation and could help in reducing potential noise issues if the drive-thru lane was operational in the late evening/early morning hours. The Planning Commission requested input from the applicant, who was unable to attend the Planning Commission hearing; however, a representative that did attend was unable to address the concerns of the Commission.
The Planning Commission included Condition of Approval No. 3 of Resolution No. 2025-71 limiting the drive-thru hours. A copy of the Planning Commission Resolution No. 2025-71 is attached to this staff report as Attachment “C”.
Proximity to Single-Family Residential
The proposed drive-thru will be approximately 160 feet from the single-family residential subdivision, Stonebrook Subdivision No. 1, measured from parcel to parcel, north of the project site. Per the site plan exhibit for the drive-thru, as shown in the Planning Commission Staff Report (Attachment “B”), the placement of the drive-thru lane is consistent with similar arrangements on other approved buildings with drive-thru lanes in the area. The location of the speaker box for the drive-thru will be located along the north side of the parcel and will be approximately 174-feet from the single-family residential subdivision after the required 35-foot landscape setback that is required for the Caldwell 51 Specific Plan. Additionally, a block wall is located along the south property boundary of the subdivision, along Caldwell Avenue, providing a noise buffer from Caldwell Avenue, which is a four-lane arterial road.
Surrounding Commercial Uses
In 2001, an amendment to the Caldwell 51 Specific Plan was approved to allow for one full-service car wash with a service station as a conditional use in Subarea A (for more information related the Caldwell 51 Specific Plan, please see the Planning Commission staff report as Attachment “B”). This car wash is currently active and is located directly east of the project site. A second drive-thru is located within Subarea A, approximately 455-feet east of the project site, although this drive-thru restaurant is no longer in business, this site can potentially be occupied utilizing the existing drive-thru. Furthermore, a third drive-thru, the Human Bean (coffee shop) is located directly west of the project site on the west side of South Stonebrook Street. Although this drive-thru is not within the scope of the specific plan, it is currently active. The hours of operation for these existing commercial businesses with a drive-thru are as follows:
• Champs Car Wash:
o 8:00 A.M. to 7:00 P.M., seven days a week
• Former El Patron (Drive-thru kiosk, currently vacant)
o 11:00 A.M. to 7:00 P.M., Monday - Friday, closed weekends
• Human Bean Coffee Shop:
o 5:00 A.M. to 7:00 P.M., seven days week
Additionally, an existing sit-down restaurant without a drive-thru is also located within Subarea A of the Caldwell 51 Specific Plan. The hours of operation for this establishment are as follows:
• Gozen Japanese Restaurant:
o Monday through Thursday,11:00 A.M. to 8:30 P.M.
o Friday, 11:00 A.M. to 9:00 P.M.
o Saturday, 11:30 A.M. - 9:00 P.M.
o Sunday, 11:30 A.M. to 8:30 P.M.
Based on the hours of operation for the existing surrounding commercial businesses, with and without drive-thrus, the Planning Commission determined that restricting the hours of operation for the proposed drive-thru use was appropriate.
Noise
The applicant submitted an acoustical analysis for the project (see Planning Commission staff report, Attachment “B”). Per the analysis, “noise levels associated with the proposed drive-thru restaurant would not be expected to exceed any City of Visalia noise level standards due to the project site’s proximity to a major roadway (Caldwell Avenue), and existing commercial uses (car wash, drive-thrus) the existing ambient noise levels in the vicinity are considered to be relatively high”. Therefore, the project-related noise levels would not be expected to exceed existing ambient noise levels at any sensitive receptors (residential) locations near the project site. Fast-food facilities are not limited to specific operating hours in the Municipal Code and through the acoustical analysis, it was determined that the proposed drive-thru would not negatively impact the neighborhood. The project will still need to comply with the City’s Noise Ordinance, and this was included as Condition of Approval No. 5 for Resolution No. 2025-71 (Attachment “C”).
Action by the Planning Commission - VMC 17.38.110
Pursuant to Section 17.38.110, Subsection A of the Zoning Ordinance of the City of Visalia, the Planning Commission must make certain findings in order to grant a conditional use permit application, as requested or in modified form. Based upon careful consideration of the staff report and all pertinent information provided during the public hearing, the Planning Commission approved Conditional Use Permit No. 2025-32, with the modification of Condition of Approval No 3, limiting the hours of operation of the drive-thru to 10:00 P.M. every day of the week, because the Planning Commission determined that the proposed hours were not consistent with the policies and intent of the General Plan and Zoning Ordinance
The request to operate the drive-thru till 2:00 A.M. is not compatible with the existing residential character of the existing neighborhood to the north and with the surrounding commercial businesses to the east and west of the site. It was determined by the Planning Commission that the proposed hours by the applicant, are not compatible with adjacent residential land uses, and the proposed operating hours of the drive-thru will have a direct impact to the neighboring residential uses by interfering with the quality of life of the properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity. It is within the purview of the Planning Commission to modify a Conditional Use Permit if the Commission determines that the project does not meet the required findings.
Fiscal Impact including annual maintenance and operating costs: None.
Prior Council Action: None.
Committee/Commission Review and Action:
On February 9, 2026, the Planning Commission approved Conditional Use Permit No. 2025-32, with the added Condition of Approval No. 3, limiting the hours of operation for the drive-thru to 10:00 P.M. every day of the week for the Javi’s Taco Shack drive-thru located at the southeast corner of West Caldwell Avenue and South Stonebrook Street by a 4-0 vote, with one Commissioner being absent.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No. 2026-08 denying the appeal and upholding the Planning Commission’s approval of Conditional Use Permit No. 2025-32, as conditioned.
Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2025-32 with conditions and/or modifications as specified by the City Council; or
2. Deny the Appeal and send back to Planning Commission for additional consideration; or
3. Continue the matter to a future City Council Hearing.
Environmental Assessment Status:
If the City Council denies the appeal and upholds the Planning Commission decision, no action needs to be taken on an environmental document subject to Section 15270 of the California Environmental Quality Act; or if the City Council overturns the Planning Commission’s approval of Conditional Use Permit No. 2025-32, as conditioned, a Categorical Exemption will be prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.
CEQA Review: No action needed if the appeal is denied subject to Section 15270 of the California Environmental Quality Act.
Deadline for Action: 03/16/2026
Attachments:
1. Resolution No. 2026-08 denying the appeal and upholding Planning Commission’s approval of Conditional Use Permit No. 2025-32, as conditioned.
2. Attachment “A” - Appeal by Javi Maldonado 3.
3. Attachment “B” - Planning Commission Staff Report dated February 9, 2026
4. Attachment “C” - Resolution No. 2025-71
5. General Plan Land Use Map
6. Zoning Map
7. Aerial Map
8. Location Map
9. Power Point Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
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