City of Visalia
City Council Hearing
March 16, 2026
Appeal of Planning Commission COA No. 3 of: Conditional Use Permit No. 2025-32 Javi’s Drive Thru
Receive staff presentation
Adopt Resolution No. 2026-08 denying the appeal and upholding the Planning Commission’s Condition of Approval (COA) No. 3 Department
Recommendation
Hold public hearing, and,
Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2025-32 with conditions and/or modifications as specified by the City Council; or Continue the matter to a future City Council Hearing.
The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
Alternative Motions
Deny the Appeal and send back to Planning Commission for additional consideration; or
Summary
The applicant is appealing Planning Commission’s COA No. 3:
Requires the drive thru hours of operation to cease at 10:00 P.M. every day Inside dining/ordering allowed as requested by the applicant Applicant’s request
Applicant seeking to operate both the interior and the drive-thru with the same hours of operation:
6:00 A.M. to 12:00 A.M., Monday – Friday
6:00 A.M. to 2:00 A.M., Friday and Saturday
CUP 2025-32 approved with added condition, by PC at the February 9, 2026 Planning Commission hearing
Project Description
CUP No. 2025-32
CUP required due to drive-thru proximity to residences
Within the Caldwell 51 Specific Plan
A request to construct two tenant spaces within a 4,130 square foot building 2 Phases
Phase 1: 2,740 sq ft tenant space, drive-thru & improvements Phase 2: 1,390 sq ft tenant space
Site Location: SE corner of E Caldwell Ave & S Stonebrook St
Project Site Zoning
Zone: C-R
Surrounding Land Use
C-MU (Mixed Use Commercial)
QP (Quasi-Public)
R-1-5 (Single-Family Residential)
C-R (Regional Commercial)
N
Project Site
Background Discussion
Planning Commission Hearing – February 9, 2026
Planning Commission deliberated the requested hours of operation as proposed by the applicant for the drive-thru and the proximity to residential uses and compatibility with surrounding commercial uses.
The Planning Commission approved Conditional Use Permit No. 2025-32, with the modification of COA No. 3, limiting the hours of operation of the drive-thru to 10:00 P.M. every day of the week, because the Planning Commission determined that the proposed hours were not consistent with the policies and intent of the General Plan and Zoning Ordinance.
It was determined by the Planning Commission that the proposed hours by the applicant, is not compatible with adjacent residential land uses, and the proposed operating hours of the drive-thru will have a direct impact to the neighboring residential uses by interfering with the quality of life of the properties in the existing neighborhoods that are adjacent or nearby the project site
Project Analysis
Proximity to Single-Family Residential
Proposed drive-thru ~160-ft from single-family residential subdivision to the north of project site (measured parcel to parcel) Speaker box for drive-thru located along the west side of the parcel (S. Stonebrook St) - *correction* Block wall located along south property boundary of the subdivision (W. Caldwell Ave) Caldwell Ave
Project Analysis
Surrounding Commercial Uses
Drive-Thrus:
Champs Car Wash
8:00 A.M. to 7:00 P.M., seven days a week
Former El Patron (Drive-thru kiosk)
11:00 A.M. to 7:00 P.M., Monday – Friday, closed weekends Human Bean Coffee Shop
5:00 A.M. to 7:00 P.M., seven days a week
Sit-down Restaurant:
Gozen Japanese Restaurant
Monday through Thursday, 11:00 A.M. to 8:30 P.M.
Friday, 11:00 A.M. to 9:00 P.M.
Saturday, 11:30 A.M. to 9:00 P.M.
Sunday, 11:30 A.M. to 8:30 P.M.
Project Analysis
Noise
The project-related noise levels would not be expected to exceed existing ambient noise levels at any sensitive receptors (residential) locations near the project Fast-food facilities are not limited to specific operating hours in the Municipal Code and through the acoustical analysis it was determined that the proposed drive-thru would not negatively impact the neighborhood Project required to comply with the City’s Noise Ordinance
Staff Recommends
Recommendation
Deny the appeal and uphold the Planning Commission’s COA No. 3 of Conditional Use Permit No. 2025-32 Alternative Motion
Overturn the decision of the Planning Commission and approve Conditional Use Permit No. 2025-32 with conditions and/or modifications as specified by the City Council; or Deny the Appeal and send back to Planning Commission for additional consideration; or Continue the matter to a future City Council Hearing.
Questions