RESOLUTION NO. 2024-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND upholding the Planning Commission’s Denial of Conditional Use permit NO. 2024-29, A request by mike davis to amend Condition no. 10 of conditional use permit no. 2021-22, limiting the hours of operation from 5:00 a.m. to 12:00 a.m. for a jack in the box fast food restaurant in the neighborhood commercial (c-n) zone. the project site is located at 1145 south lovers lane (apn: 100-120-051).
WHEREAS, Conditional Use Permit No. 2024-29, is a request by Mike Davis to amend Condition of Approval No. 10 of Conditional Use Permit No. 2021-22, limiting the hours of operations from 5:00 A.M. to 12:00 A.M. for a Jack in the Box fast food restaurant in the Neighborhood Commercial (C-N) zone. The project site is located at 1145 South Lovers Lane (APN: 100-120-051); and WHEREAS, the Planning Commission of the City of Visalia, after a duly published public hearing notice, conducted said public hearing on August 12, 2024, and concluded said hearing on that date; and WHEREAS, the Planning Commission of the City of Visalia does not find Conditional Use Permit No. 2024-29 to be in accordance with Chapter 17.38 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, the Planning Commission denied Conditional Use Permit No. 2024-29 based on the findings contained in this Resolution Nos. 2024-46, consistent with Visalia Municipal Code Section 17.38.110.C; and WHEREAS, an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, was received on August 21, 2024; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on September 16, 2024; and WHEREAS, the City Council finds the denial of Conditional Use Permit No. 2024-29 was made in accordance with Chapter 17.38 (Conditional Use Permits) of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, if the project is denied, no action needs to be taken on an environmental document.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:
That the proposed use is not consistent with the policies and intent of the General Plan and Zoning Ordinance. The request to amend the existing Jack in the Box operating hours to 24-hour is not compatible with the existing residential character of existing neighborhoods to west, southwest, and east of the site and none of the conditions proposed will have the effect of eliminating the inconsistency.
That the proposed use is not compatible with adjacent residential land uses because the project's neighborhood commercial zoning designation, its proximity to sensitive land uses, and requested intensification of operating hours, which will have a direct impact to the neighboring residential uses by interfere with the enjoyment of properties in the existing neighborhoods that are adjacent or nearby the project site, and would therefore be materially injurious to properties or improvements in the vicinity; none of the conditions proposed will have the effect of eliminating the injurious effect of the project on the neighboring properties.
BE IT FURTHER RESOLVED that the City Council denies the appeal, and upholds the denial of Conditional Use Permit No. 2024-29 on the real property here in above described in accordance with the terms of this resolution, and under the provisions of California Government Code Section §66474, and Sections 16.16.115 and Section 17.38.110 of the Subdivision and Zoning Ordinances of the City of Visalia.