Agenda Item Wording:
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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 Attachme...
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