Agenda Item Wording:
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Appeal of Planning Commission Action - A continued 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 operation for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the Neighborhood Commercial zone.
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Deadline for Action: 2/3/2025
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.
However, the City Council may, in lieu of the recommended motion as specified above, consider any of the following alternative motions:
1. Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2024-29, subject to the applicant constructing a three-foot tall block wall to border the entirety of the drive-thru lane to provide immediate screening and to install landscaping vegetation to screen the wall as the vegetation matures, the construction of the three foot block wall and additional landscaping will require the submittal of building plans for review and approval along with issuance of a building permit (see Attachment 5); or
2. Direct the applicant to conduct further outreach to the neighborhood; or
3. Continue the matter to a future City Council hearing.
Summary:
The item was presented at the public hearing on January 21, 2025. Staff briefly provided an overview of the request, and the City Council heard from the applicant and members ...
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