Agenda Item Wording:
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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.
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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 Cit...
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