CITY OF VISALIA
C i t y C o u n c i l H e a r i n g
S E P T E M B E R 1 6 , 2 0 2 4
Appeal of Planning Commission Denial of:
CUP 2024-29: Jack in the Box Amendment
City of Visalia - Planning Division
City of Visalia - Planning Division
Department
Recommendation
• Receive staff presentation,
• Hold public hearing, and,
• Adopt Resolution No. 2024-52,
denying the appeal and upholding the
Planning Commission’s denial.
City of Visalia - Planning Division
Summary
• The applicant is appealing the decision of the Planning Commission’s denial to amend the hours of operation for a Jack in the Box fast-food restaurant. • The amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day. • The Planning Commission initially adopted the hours of operations after receiving public comment in opposition to the applicant’s initial request to permit this fast-food restaurant to operate 24-hours a day when the item was initially reviewed back in 2021.
City of Visalia - Planning Division
LOCATION
DESCRIPTION
• Located at 1145 S. Lovers
Ln.
• CUP No. 2021-22 was
approved on August 23,
2021.
• Condition No. 10 was
added limiting hours.
• Hours have been limited
from 5:00AM to 12:00AM
(midnight)
2021
2024
Neighborhood Commercial
PROJECT SITE
ZONING
City of Visalia - Planning
City of Visalia – Planning
Division
Background
• CUP No. 2021-22 was a request to develop 1.12-ac site with a 1,315 sq. ft. Jack in the Box restaurant.
• Designed with only a walk-up window and drive-thru lane; with no indoor dining provided.
• During public hearing, applicant clarified their desire to operate 24-hours a day.
• Planning Commission deliberation on the 24-hour operation request, concluded that it would be appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development occurred in the area.
• Planning Commission, included Condition No. 10 limiting the hours of operation from 5:00 A.M. to 12:00 P.M. (midnight).
City of Visalia – Planning
Division
Conditional Use Permit Amendment
• On August 12, 2024, Planning Commission reviewed CUP No. 2024-29, amendment request to modify restaurant’s hours of operation to 24-hours a day.
• Planning Commission received verbal and written comments detailing concern with the request for extended hours of operation as it would have an adverse impact on neighboring sensitive land uses.
• Planning Commission stated the request to operate 24-hours a day would pose incompatibility issues with the existing residential uses in close proximity. • Commissioners also identified that other sites in the City operating 24-hours a day are not as closely located to sensitive land uses, having other commercial buffers between them and neighboring residences.
• Based on information and testimony received, the Planning Commission denied the CUP amendment by a 5-0 vote.
City of Visalia - Planning
Appeal
• On August 21, 2024, the applicant filed an appeal which is included as Attachment
1. • The reason for the appeal are as follows:
• Restaurant and site are in good operating order;
• Increase of fast-food minimum wage and cost to do business requires the need to operate 24 hours a day; • Justification that all other Jack in the Box sites operate with 24-hour services; • E-mails sent to the Planning Commission from concerned residents were from residents who do not live near the site.
• Planning Commission denied CUP No. 2024-29, pursuant to Section 17.38.110, Subsection C.
• Planning Commission’s decision focused on 24-hour requests as not compatible with the existing residential character of surround neighborhoods and none of the conditions proposed will have the effect of eliminating the inconsistency within the surrounding area.
City of Visalia – Planning
Division
Correspondence Received
• On September 10, 2024, staff received material from a neighbor who resides near the project site.
• The material submitted is a signed petition from residences who reside near the project site who oppose the request to permit the fast-food restaurant from operating 24-hours a day.
• This information is provided as Attachment 4.
City of Visalia - Planning Division
RECOMMENDATION
Deny the approval and upholding the Planning
Commission’s denial of Conditional Use Permit
No. 2024-29
Staff Recommends
City of Visalia - Planning Division
QUESTIONS