The purpose of any conditional use permit shall be to insure that the proposed use will be rendered compatible with other existing, and permitted uses, located in the general area of the proposed use.

Minor building alterations and/on small expansions to existing facilities, which are proposed for the sole purpose of meeting the requirements of the Americans with Disabilities Act (ADA), shall he waived from a conditional use permit requirement. Specific instances may require a public hearing if it is determined by the planning officer that the proposed building modifications involve more substantial work than mere compliance with ADA requirements.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

An approved or conditionally approved use permit is issued for a specific use on a parcel or parcels as identified on the permit. The permitted use is valid when ownership of the parcel or parcels transfers. The new owner must adhere to the terms and conditions as specified in the approval of the use permit.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

The following uses, where permitted within a zone by the Corning zoning ordinance, shall only be permitted when a conditional use permit is first obtained:

1.

Alcohol, on premises serving and consumption, whether a bar or a restaurant;

2.

Live entertainment, as a primary use or as a secondary use associated with a commercial establishment;

3.

Billiard parlor, pool hall and similar recreational uses;

4.

Game arcades, including any business established with more than six arcade games as an incidental or accessory use;

5.

Games, skill game business, including video and skill game arcades;

6.

Lodges, meeting halls and social clubs;

7.

Commercial recreation facilities open to the public;

8.

Massage parlors.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Before any conditional use permit is granted, the applicant shall show, to the satisfaction of the commission or the council, the existence of the following facts:

A.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Corning Municipal Code;

B.

The proposed use is consistent with the general plan and any applicable specific plan;

C.

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

D.

The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;

F.

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; and

G.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Applications for a conditional use permit shall be filed with the planning department, on forms furnished by the city, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the conditional use permit, in accordance with the provisions of this chapter.

Any applicant may withdraw his or her application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Each such application shall be accompanied by a filing and processing fee, the fees for planning services shall be prescribed by resolution adopted from time to time.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Every application for a conditional use permit shall be set for a public hearing before the planning commission. If an appeal is taken from a planning commission decision in the manner hereinafter specified, the said matter shall be set for consideration by the city council by the city clerk, as soon as possible. Hearings may be continued from time to time, by the commission or council, as may be deemed necessary.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Notices of the time and place of public hearings before the commission and the council, on conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet (five hundred feet in a "C" or "M" zone) from the external boundaries of the property to which the application relates, addressed to said owners as shown on the latest equalized assessment roll of the County of Tehama.

Notices shall contain a description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Three affirmative votes are required to approve, conditionally approve or deny the conditional use permit.

Planning commission action shall contain a statement of facts (findings) upon which the decision is based. Within two days following the action by the commission, the city staff shall forward a copy thereof by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at his last known address. The decision of the planning commission shall be final and conclusive at twelve p.m. of the tenth day following the date of action by the commission, or at twelve p.m. of the day following the next regularly scheduled council meeting, whichever date is the latest, in the absence of the filing of a written appeal, in the manner hereinafter specified. Upon the filing of an appeal in the manner herein set forth, the decision of the planning commission shall be suspended and of no force and effect.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The applicant, or any other person, who owns real property or resides within three hundred feet of the property lines of the property to which the conditional use permit application relates, and who is aggrieved by the decision of the planning commission in conjunction with action taken on a conditional use permit, may file a written letter of appeal with the city clerk together with a filing and processing fee in the sum of seventy dollars, prior to the commission's action becoming final, appealing the decision of the planning commission to the city council. Upon receipt of such a written letter of appeal, together with said fee, the city clerk shall place the matter upon the council agenda at the next regularly scheduled meeting of the council; at such time, the council shall determine whether or not a de nova hearing shall be held, as hereinafter provided. Notices of a de nova hearing shall be given by the clerk in the manner prescribed in section 17.54.043.

The city council, by motion, carried by at least three votes, made at any time prior to effective date of the planning commission's action, may appeal to itself, any planning commission decision on a conditional use permit. A motion of the council to this effect shall be deemed an appeal from the decision of the commission for all purposes.

Where an appeal is pending before the city council from a decision of the planning commission, the council shall:

A.

Review a summary of the evidence presented to the planning commission to determine whether a de nova public hearing should be held by it. If the council, by a majority vote of the members present, determines that a de novo public hearing shall be held, the city clerk shall give notice thereof in the same manner as the notice required for hearings before the planning commission; or

B.

If the council determines, by a majority vote of the members present, that a de novo public hearing is not required, it shall, without taking any evidence, affirm, modify or reverse the planning commission's determination, based solely upon the staff and commission files relating to the case, unless the applicant or any other person interested in such matter, by affidavit, establishes, to the reasonable satisfaction of a majority of the council, the existence of new relevant evidence, in which event, the council shall conduct a de novo hearing.

The council shall have the authority, at any time prior to its final determination upon an appeal from a planning commission decision, to refer the said matter back to the planning commission for reconsideration. The council may instruct the planning commission to conduct an additional public hearing in order to accept new evidence relating to such matter.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The council shall render its decision approving, conditionally approving, or denying the conditional use permit, within a reasonable time after conducting its deliberation. Its decision shall include findings, which shall contain the facts supporting the action. The decision of the council shall be final and conclusive.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Within five days following action by the council, the city clerk shall mail a copy thereof to the applicant and any other person requesting the same, at his last known address.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Failure to give notice in the manner hereinabove prescribed shall have no effect upon any proceeding before the planning commission or council.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Upon recommendation by the city manager, the body which originally granted the conditional use permit, shall conduct a noticed public hearing to determine whether a conditional use permit, should be revoked. If the commission or council finds any one of the following facts to be present, it shall revoke the conditional use permit:

A.

That the permit was obtained by fraud; or

B.

That the use for which such approval was granted has ceased to exist, or has been suspended, for a period of six months or more; or

C.

That the permit granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or

D.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

If

the commission conducts the hearing, the action taken by the commission shall be subject to an appeal in the manner prescribed in section 17.54.050 et seq. hereof.

The action of the council shall be final and conclusive.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Any conditional use permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the action approving such conditional use permit, or if no time is so specified, if the same is not exercised within one year from the date said permit is granted.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Any condition imposed upon the granting of a conditional use permit may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct public hearings thereon, in the same manner as required for the granting of the original conditional use permit. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest. (In case of deletion of such a condition, that such action is necessary to permit reasonable operation under the conditional use permit.)

All commission determinations regarding modification proceedings shall be subject to an appeal as set forth in section 17.54.050 et seq., except the filing and processing fee shall be in the amount of twenty-five dollars.

(Ord. No. 713, § 1(Att. A), 6-10-2025)