REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: August 19, 2024
PROJECT PLANNER: Josh Dan, Senior Planner
Phone No.: (559) 713-4003
E-mail: [email protected]
SUBJECT: Conditional Use Permit 2024-29: 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).
STAFF RECOMMENDATION
Staff recommends approval of Conditional Use Permit No. 2024-29, amending Condition of Approval No. 10 for Conditional Use Permit No. 2021 -22, as conditioned in Resolution No. 2024-46, based on the project’s consistency with the General Plan and Zoning Ordinance.
RECOMMENDED MOTION
I move to approve Conditional Use Permit No. 20 24-29 based on the findings and c onditions in Resolution No. 2024-46.
PROJECT DESCRIPTION
On August 23, 2021, the applicant obtained approval of Conditional Use Permit No. 2021 -22 to allow the development of a new 1,315 square foot Jack in the Box restaurant with drive -thru on a 1.11-acre parcel in the C -N (Neighborhood Commercial) Zone. During the entitlement process, the applicant requested to allow the fast -food restaurant to operate 24-hours a day, consistent with other Jack in the Box restaurants located in the City. However, during the public hearing, one person from the public spoke in opposition to the applicants request to operate 24- hour a day. The Planning Commission, understanding the concern, opted to include a condition limiting the hours of operation from 5:00 A.M. to 12:00P.M. (midnight). This condition was included as Condition No. 10 of Resolution No. 2024 -46. A copy of Resolution No. 2021 -42 is attached to this staff report.
Construction of the Jack in the Box restaurant
at the northwest corner of South Lovers Lane
and East Tulare Avenue was completed on
September 21, 2022. The applicant had
inquired with staff on multiple occasions on
regarding the process to amend the operating
hours condition. Through these discussions ,
staff encouraged the applicant to operate for
at least a year and then consider an
amendment to the approved entitlement.
The Jack in the Box fast -food restaurant has
been in operation for over a year. To date, there has not been a single complaint or concern from the public regarding the restaurant.
1361
BACKGROUND INFORMATION
General Plan Land Use Designation: Commercial Neighborhood Zoning: C-N (Neighborhood Commercial)
Surrounding Zoning and Land Use: North: C-MU (Commercial Mixed Use) – Vacant South: Tulare Avenue, O-PA (Professional
Administrative Office) – existing Visalia
Wellness Center
East: Lovers Lane, O-PA (Professional Administrative
Office) – Vacant (entitled duplexes)
West: C-N (Neighborhood Commercial) – Single family
residence.
Environmental Review: Categorical Exemption No. 2024-40 Site Plan: 2020-198
RELATED PLANS AND POLICIES
All related plans and policies are reprinted in the attachment to this staff report entitled “Related Plans and Policies”.
RELATED PROJECTS
On August 23, 2021, the Planning Commission approved Conditional Use Permit No. 2021 -22, a request to build a 1,315 square foot Jack in the Box fast-food restaurant with a drive-thru lane on the northwest corner of East Tulare Avenue and South Lovers Lane by a 5-0 vote.
PROJECT EVALUATION
Staff recommends approval amending the condition on the operating hours based on project consistency with the General Plan and the Zoning Ordinance.
Land Use Compatibility
Fast food restaurant uses , with a drive -thru lane, are considered a “permitted use” in the C -N zone subject to the drive -thru performance standards established in Section 17.32.162 of the VMC. A C onditional Use Permit was warranted based on the drive-thru not comply ing with subsection B(1) of the above reference section, in which the drive-thru lane is within 250 feet of a residence and/or residentially zoned property.
The 2021 staff report analyzed the use, based on its layout and proximity to residences , was consistent and similar to other fast-food drive-thru uses approved in the city which were located within 250-feet of a residence or residentially zoned parcel.
Conditions of Approval and Limitation to Hours of Operation Planning Commission meeting of August 23, 2021
During the public hearing, the applicant clarified to the Planning Commission that the fast -food restaurant was seeking to operate 24 hours a day which was not consistent with the hours noted on the application form which listed operating hours from 6:00 A.M. to 12:00 A.M. (midnight). Staff stated during the presentation of the item that fast food facilities were not limited to specific operating hours in the Municipal Code but would have to comply with the Noise Ordinance (VMC Chapter 8.36). Additionally, none of the other four Jack in The Box 1362
restaurants in Visalia operated with limited hours. Additional testimony was received from a member of the public who spoke and shared their concerns for the 24/7 operating hours, based on the projects proximity to abutting residences and Pinkham Elementary School which is approximately 1,321-feet to the west.
Discussion amongst the Planning Commissioners resulted in the Commission concluding that it might be more appropriate for the applicant to reconsider requesting 24/7 operational hours once more commercial development came to the site and provided more buffer to the abutting residences. The project was approved subject to a condition that limited the hours of operation as described in this staff report.
Staff Analysis
The applicant has provided a narrative and letter to the Commission in Exhibits “B” and “C” in support of their request to modify the hours of operation for the Jack in the Box fast -food restaurant. Both exhibits by the applicant identif y the project’s compliance with the municipal code, operational history at the site, and no public complaint s received at the site . The applicant attributes their success of operating a business in compliance with all City codes due to the management structure in which the business is operated. Additionally, the applicant identifies that “the need to operate 24/7 is directly tied to the increased minimum wage requirement by the State”.
Based on reviewing the sites operating history, staff supports the request of the applicant, on the basis that the project site and operator have operated in good standing over the past year without any issues reported to the Neighborhood Preservation / Code Enforcement Division.
Approving the modified hours of operation would not be inconsistent. There have been several similar approvals for fast -food restaurants to operate 24 hours a day within proximity of residential development. If the Planning Commission were to approve this request, the business is still subject to compliance with the City’s Noise Ordinance. If substantiated complaints are received, it would result in the site being declared a public nuisance, staff would seek to initiate the process of getting the business/site into compliance including initiating the CUP amendment process to modify hours of operation.
Environmental Review
The requeste d action is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40). Projects determined to meet this classification consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized in the Class 1 are not intended to be all-inclusive of the types of projects.
1363
RECOMMENDED FINDINGS
1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast -food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40).
RECOMMENDED CONDITIONS OF APPROVAL
1. That all conditions of Conditional Use Permit No. 2021 -22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.
2. The hours of operation shall be modified to allow 24 -hour, 7-day a week operation of the Jack in the Box Restaurant on the site.
3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024-29, per Visalia Municipal Code Section No. 17.38.040.
APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.02.145, an appeal to the City Council may be submitted within ten days following the date of a decision by the Planning Commission. An appeal with applicable fees shall be in writing and shall be filed with the City Clerk at 220 North Santa Fe Street, Visalia California. The appeal shall specify errors or abuses of discretion by the Planning Commission, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
1364
Attachments:
• Related Plans and Policies
• Resolution
• Exhibit “A” – Project Narrative
• Exhibit “B” – Letter to the Commission
• Site Plan Review Comments
• General Plan Land Use Map
• Zoning Map
• Aerial Photo
• Location Map
1365
Related Plans and Policies
Chapter 17.18: PLANNED COMMERCIAL ZONES
17.18.060 Development standards in the C-N zone.
The following development standards shall apply to property located in the C -N zone:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: fifteen (15) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1 or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1 or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: fifteen (15) feet;
2. Rear: five (5) feet (except where a building is located on side property line);
3. Rear yards abutting an R-1 or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1 or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet.
D.1.163 Drive-thru lanes performance standards.
A. Purpose and Intent. It is the purpose of this section to specify performance standards applicable to uses that seek to incorporate a drive-thru lane in association with a specified use. This section does not apply to carwashes and lube and oil changing stations.
B. Performance standards:
1. Separation from residences. The drive-thru lane shall be no less than two hundred fifty (250) feet from the nearest residence or residentially zoned property.
2. Stacking. The drive-thru lane shall contain no less than ten (10) vehicle stacking, measured from pickup window to the designated entrance to the drive-thru lane. There shall be no less than three vehicle spaces distance from the order menu/speaker (or like device) to the designated entrance to the order window.
3. Circulation. No portion of the drive-thru lane shall obstruct any drive aisles or required on-site parking. The drive-thru shall not take ingress or egress from a local residential road.
4. Noise. No component or aspect of the drive-thru lane or its operation shall generate noise levels in excess of 60 dB between the hours of 7:00 p.m. and 6:00 a.m. daily.
5. Screening. The entire drive-thru lane shall be screened from adjacent street and residential view to a height of three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the City Planner.
6. Menu boards and signage. Shall be oriented or screened to avoid direct visibility from adjacent public streets. (Ord. 2017-01 (part), 2017: Ord. 2014-07 § 3, 2014) 1366
Table 17.25.030
1367
Resolution No. 2024-46
RESOLUTION NO. 2024-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF VISALIA APPROVING CONDITIONAL USE PERMIT NO. 2024-29, 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).
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 duly published notice, did hold a public hearing before said Commission on August 19, 2024; and
WHEREAS, the Planning Commission of the City of Visalia finds the Conditional Use Permit to be in accordance with Section 17.38.110 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 finds the project to be Categorically Exempt consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15301.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia makes the following specific findings based on the evidence presented:
1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. That the proposed conditional use permit is consistent with the policies and intent of the General Plan and Zoning Ordinance. Specifically, the project is consistent with the required findings of Zoning Ordinance Section 17.38.110:
a. The proposed location of the conditional use permit is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site has adequate ingress and egress and parking for the proposed fast-food restaurant.
1368
Resolution No. 2024-46
3. That the project is considered Categorically Exempt under Section 15301 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-40).
BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Conditional Use Permit on the real property here described in accordance with the terms of this resolution under the provisions of Section 17.38.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:
1. That all conditions of Conditional Use Permit No. 2021 -22, adopted per Resolution No. 2021-42 shall remain applicable, except for the hours of operation as revised by this Conditional Use Permit.
2. The hours of operation shall be modified to allow 24 -hour, 7-day a week operation of the Jack in the Box Restaurant on the site.
3. Failure to comply with all conditions as set forth may result in the revocation of Conditional Use Permit No. 2024 -29, per Visalia Municipal Code Section No.
17.38.040.
1369
To whom it may concern:
The owner/operator of the Jack in the Box restaurant location at 1145 S. Lovers Lane (northwest corner of Lovers Lane and Tulare Avenue) is requesting a CUP amendment to revise the hours of operation to 24-hours per day.
Per Condition 10 of Resolution No. 2021-42, the operation hours are restricted to 5:00AM to midnight. The operator has determined that in order to maximize sales revenue, it is in their best interest to provide 24-hour service.
This restaurant represents the closest quick-serve restaurant to a large portion of Visalia residents, especially those living east of Lovers Lane, so the increased hours of operation would provide options to those who may be seeking food during this timeframe.
The 24-hour operations would be in line with other nearby commercial properties along Lovers Lane which are listed as 24-hour (including Shell at Lovers Lane & Walnut and both ARCO/AMPM and 7-Eleven at Lovers Lane & Noble).
This location does not provide any outdoor dining and focuses primarily on drive- thru service, which would mitigate noise concerns due to patrons conversing outside the restaurant or in the parking lot. The drive-thru speaker is approximately 200 feet from the adjacent residences (measured from the speaker to the home structure).
The drive-thru lanes are oriented such that vehicles would point east and north, with their headlights directed away from the adjacent residences. It is assumed that customer volumes at this time will be relatively low, so drive-thru patrons may order promptly and pull to the service window on the east side of the building by Lovers Lane, where the building will provide shielding and there would not be a large queue lane generated parallel to Tulare closer to the homes. As such, it is assumed that the additional operational hours would not adversely impact the nearby residents.
Exhibit "A"
1370
To: Visalia City Planning Commission
From: Mike Davis & Patrice Roux
Re: Amendment to Conditional Use Permit 2024-29 (August 12, 2024 Meeting)
HISTORY
VTP Enterprises has been a part of the community of the Central Valley since 1987. VTP even took its name by combining the initials of the cities it felt closest to (Visalia, Tulare, and Porterville). Back in 1987, VTP started with 5 Jack in the Box restaurants. By 2016, the count was up to 14.
GROWTH
VTP has expanded its JIB restaurant sites by opening new restaurants in 2016 (Farmersville), 2019 (Plaza), 2020 (Bardsley), 2022 (Shannon), 2023 (Lovers Lane).
Currently we are on schedule to open new JIB sites in late 2024 (Oaks Marketplace), 2025 (Exeter), 2025 (Orosi), 2025 (Demaree).
COST TO DO BUSINESS
We have choice to make as business owners. As our costs go up, prices follow. One of the major reasons we are requesting 24/7 service is to help minimize price increases. The increases are directly related to the in in the minimum wage to $20. We prefer to provide more jobs than to simply raise prices. If we are granted 24/7 service, we anticipate adding 4 full time positions at our Lovers Lane location.
Due to the high cost of food and labor, these days most Quick Service Restaurants are not open 24/7.
The difference with our Brand is that Jack in the Box caters and advertises to the late-night crowd. In fact, our restaurants have 40% of our day-to-day sales come after 9pm.
OUR NEIGHBORHOOD
Since we opened on May 8, 2023, we have yet to have one complaint on any issue from any neighbor.
We keep our site clean and well landscaped.
CURRENT HOURS
Our Lovers Lane site is currently open from 5am – Midnight. We respectfully request you grant us 24/7 service.
Thank you,
Mike Davis & Patrice Roux
Current partners of VTP Enterprises
Exhibit "B"
1371
1372
1373
1374
1375
1376
1377
1378
1379
1380
1381
1382
1383