Agenda Item Wording:
title
Approve revised resolution - Consider approval of revised Resolution No. 2026-08, per City Council adoption at the March 16, 2026 public hearing to uphold the appeal and overturn the Visalia Planning Commission's adoption of Condition of Approval No. 3, for Conditional Use Permit No. 2025-32.
body
Agenda Date: 04/06/2026
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 adopt the revised Resolution No. 2026-08, which reflects the decision of the City Council to uphold the appeal and overturn Planning Commission’s Condition of Approval No. 3, which limited the hours of operation of the drive-thru use for Conditional Use Permit No. 2025-32. The attached revised resolution includes the Conditions of Approval as originally presented to the Planning Commission on February 9, 2026.
Summary:
The attached Resolution No. 2026-08 is revised to reflect the decision of the City Council to uphold the appeal of the applicant and overturn the Planning Commission’s adoption of Condition of Approval No. 3, which limited the hours of operation of the proposed drive-thru use to cease operations by 10:00 P.M. daily for Conditional Use Permit (CUP) No. 2025-32. The resolution included with the March 16, 2026 staff report was written for denial of the appeal, and upholding Planning Commission’s approval of the CUP subject to the drive thru lane only being allowed to operate until 10:00 P.M.
The City Council’s action to uphold the appeal and thus allow the drive-thru hours to operate as proposed by the applicant (Exhibit “A”), requires that a new resolution reflecting Council’s approval must be prepared. The revised resolution includes all applicable conditions of project approval based on the conditions for conditional use permits in the City of Visalia.
Background Discussion:
The City Council conducted a public hearing on March 16, 2026, regarding the appeal of Planning Commission’s adoption of Condition of Approval No. 3, which limited the hours of operation of the proposed drive-thru of Conditional Use Permit No. 2025-32 to close at 10:00 P.M. every night of the week.
On February 18, 2026, staff received an appeal of the Planning Commission’s approval of CUP No. 2025-32, subject to Condition of Approval No. 3. The appeal was filed by Javi Maldonado, the applicant of the conditional use permit. The reason for the appeal was due to the limitation of the hours of operation for the drive-thru use. The appellant contended that limiting the hours of the drive-thru lane would negatively impact the business and was not consistent with other surrounding drive-thrus, such as the Jack in the Box on West Caldwell Avenue and South Court Street that operates 24 hours a day, 7 days a week.
The City Council, after receiving a staff presentation and public testimony, concluded that the limitation of hours was unnecessary based on the location of the project, existing ambient noise levels, and the existence of a block wall along the south property boundary of the existing residential uses to the north of the project site. Based on this, the City Council approved the motion to uphold the appeal and overturn Planning Commission’s adoption of Condition of Approval No. 3.
Fiscal Impact including annual maintenance and operating costs: None.
Prior Council Action:
At the March 16, 2026, City Council meeting, Council upheld the appeal of the applicant and overturned the Visalia Planning Commission’s adoption of Condition of Approval No. 3 for Conditional Use Permit No. 2025-32.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve revised Resolution No. 2026-08, for Conditional Use Permit No. 2025-32.
Environmental Assessment Status: The project is Categorically Exempt under Section 15332 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Categorical Exemption No. 2025-58.
CEQA Review: The project is Categorically Exempt under Section 15332.
Deadline for Action: 04/06/2026
Attachments:
1. Revised Resolution No. 2026-08
2. Notice of Exemption No. 2025-58 for Conditional Use Permit No. 2025-32
3. Exhibit A - Operational Hours of Conditional Use Permit No. 2025-32
4. Aerial Map
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
|
☒ Economic Vitality |
☐  Organizational Excellence |
☐ Fiscal Strength |
☒  Infrastructure & Growth |
☐  Quality of Life |