Title 17 — ZONING

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Title 17 - ZONING*

• For statutory provisions on planning in general, see Gov. Code § 6500 et seq.; for provisions authorizing cities to regulate the use of land and buildings, see Gov. Code § 65850.

Chapter 17.02 - AIRPORT APPROACHES ZONING[[1]]

Footnotes:

--- ( 1 ) ---

For statutory provisions on airport approaches zoning, see Gov. Code § 50485 et seq.

Pursuant to the authority conferred by the Airport Approaches Zoning Law of the state of California, the city council deems it necessary to create an airport zoning ordinance for the purpose of promoting the health, safety and general welfare of the inhabitants of the city by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the municipal airport and of the occupants of the land in its vicinity, and preventing destruction or impairment of the utility of the airport and the public investment therein.

(Ord. 125 §1, 1956).

17.02.020 - Definitions.

As used in this chapter, unless the context otherwise requires:

A.

"Airport" means the Corning municipal airport.

B.

"Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport, or is otherwise hazardous to such landing or taking off of aircraft.

C.

"Landing area" means the area of the airport used for the landing, taking off or taxiing of aircraft. That portion of the municipal airport which is bounded on the north by a line running east and west the full width

of the airport, the parallel to and six hundred feet north of the north line of Blackburn Avenue in the city, on the west and east sides by the airport boundaries, and on the south by Blackburn Avenue, shall not be considered landing area.

D.

"Nonconforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter, or an amendment thereto, as of the effective date of such regulations.

E.

"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

F.

"Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines.

G.

"Tree" means any object of natural growth.

(Ord. 125 §2, 1956).

17.02.030 - Boundaries.

In order to carry out the purposes of this chapter, that land bounded on the north by the south end of the landing area of the airport, on the south by the southerly city limits, and on the east and west by lines extended southerly from the east and west boundaries of the airport is designated as the airport approach zone.

(Ord. 125 §3, 1956).

17.02.040 - Height limit.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in the airport approach zone to a height in excess of the height limit established in this chapter. The airport approach zone shall have a maximum height limit of fifteen feet at a distance of six hundred feet south of the landing area. The maximum allowable height shall be increased in step-ups of five feet for each two-hundred-foot segment added to the six hundred feet of distance from the end of the landing area, to a maximum of one hundred fifty feet.

(Ord. 125 §4, 1956).

17.02.050 - Variances or modifications.

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter may apply to

the city council, or if a city planning commission shall have been formed, to the planning commission for a variance therefrom. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the city council or planning commission shall have the power to vary or modify any of the rules, regulations, or provisions contained in this chapter, so that the spirit of the chapter shall be observed, public welfare secured and substantial justice done.

(Ord. 125 §5, 1956).

In the event any person should erect, construct, move, alter or attempt to erect, construct, move, or alter any structure or allow any tree to grow to a height in violation of the provisions of this chapter, the same is declared a public nuisance. It shall be the duty of the city attorney to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration or growth; or if such erection, construction, moving, alteration, or growth is being or has been accomplished, the city attorney shall enjoin such person from maintaining the same.

(Ord. 125 §7, 1956).

The building inspector is designated the administrator charged with the duty of administering and enforcing the regulations described in this chapter.

(Ord. 125 §6, 1956).

Chapter 17.04 - GENERAL PROVISIONS[[2]]

Footnotes:

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Editor's note— Ord. No. 694, § 1, adopted April 13, 2021, repealed the former Ch. 17.04, §§ 17.04.010— 17.04.110, and enacted a new Ch. 17.04 as set out herein. The former Ch. 17.04 pertained to similar subject matter. Please see the Code Comparative Table for a full derivation.

The ordinance codified in this chapter shall be known and cited as the "Corning Zoning Code."

(Ord. No. 694, § 1, 4-13-2021)

There is adopted a zoning enabling plan for the city, which constitutes a precise plan based upon the adopted master plan of the city.

(Ord. No. 694, § 1, 4-13-2021)

The purpose of this Code is to implement the city's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

A.

Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B.

Achieve the arrangement of land uses depicted in the Corning General Plan, consistent with the goals and policies of the general plan.

C.

Enhance the appearance of the city and promote high-quality design.

D.

Preserve and enhance the quality of life and character of residential neighborhoods.

E.

Promote economic growth and the creation of jobs.

F.

Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G.

Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

H.

Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

(Ord. No. 694, § 1, 4-13-2021)

This Code implements the goals and policies of the City of Corning General Plan by regulating the use of land and structures within the city. This Code and the general plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this Code must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this Code and the general plan, the general plan shall control.

(Ord. No. 694, § 1, 4-13-2021)

The zoning plan consists of the establishment of various districts within some, all, or none of which it shall be unlawful to erect, construct, alter, move, locate, or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be limited, within which certain open spaces shall be required about future buildings, and consisting further of appropriate additional regulations to be enforced in such districts, all as set forth in this chapter.

(Ord. No. 694, § 1, 4-13-2021)

A.

In interpreting and applying the provisions of this chapter, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

B.

Regulations which are specifically set forth in this chapter to apply to any particular district shall not be deemed to apply to any other district unless such application is clearly set forth in the text hereof.

(Ord. No. 694, § 1, 4-13-2021)

A.

Where conflict occurs between the regulations of this chapter and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

B.

It is not intended that this chapter shall interfere with or abrogate or annul any easement, covenants, or other agreements now in effect; provided, however, that where this chapter imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter shall apply.

(Ord. No. 694, § 1, 4-13-2021)

17.04.080 - Permit and license issuance authority—Conformance to regulations.

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit or license for uses, buildings and purposes where the same would be in conflict with the provisions of this title.

(Ord. No. 694, § 1, 4-13-2021)

A.

It shall be unlawful for any person to violate any section of this Code. When any building or parcel of land regulated by this Code is being used or maintained contrary to this Code, the city may order such use discontinued.

B.

Vehicle parts, debris, rubbish, trash and graffiti shall not be allowed to remain on any lot or structure, outside of approved containers. Weeds in excess shall not be allowed to remain on any lot.

(Ord. No. 694, § 1, 4-13-2021)

A.

Any person violating any of the provisions of title 17, or failing to comply with any of the mandatory requirements of the ordinances of the City of Corning, shall be guilty of an infraction.

B.

Any person convicted of an infraction for violation of an ordinance of the City of Corning, is punishable by:

1.

A fine not exceeding fifty dollars for a first violation;

2.

A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

3.

A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year;

C.

Each person shall be guilty of a separate offense for each day and every day during any portion of which any violation of any provision of title 17 is committed, continued, or permitted by any such person, and he/she shall be punishable accordingly.

(Ord. No. 694, § 1, 4-13-2021)

A.

Notice to Remove. The city shall notify the owner of any private property within the city or the agent of such owner or occupant to abate any violation of this chapter. The owner or occupant shall properly dispose or abate such violation. Such notice shall be by certified mail, addressed to such owner at his/her last known address. This notice shall allow ten days from the date of receiving the certified letter to abate the violation.

B.

Action for Noncompliance. Upon the failure, neglect or refusal of any owner or agent of occupant so notified to abate the violation within ten days after receipt of written notice provided in subsection A of this section, or make acceptable arrangement to abate such violation or within seven days after the date of such notice in the event the same is returned to the city because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, agent or occupant, the city is authorized to pay for the abatement or disposing of such litter or refuse.

C.

Charge to be Collected. When the city has effected for the abatement or removal of such refuse or litter or has paid for its removal, the actual cost thereof, administrative cost and accrued interest at the rate of seven percent per year from the date of the completion of the work, if not paid by such owner or occupant of such property, and such charges shall be due and payable by the owner at time of presentation.

(Ord. No. 694, § 1, 4-13-2021)

Chapter 17.06 - DEFINITIONS[[3]]

Footnotes:

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Editor's note— (Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.06, §§ 17.06.010—17.06.580, and enacted a new Ch. 17.06 as set out herein. The former Ch. 17.06 pertained to similar subject matter and derived from Ord. No. 694, § 1, 4-13-2021.

For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified in this chapter.

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

17.06.020 - Accessory building.

A detached subordinate building the use of which is incidental to that of the main building on the same lot, or to the use of the land.

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

An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multi-family dwelling is or will be situated. An accessory dwelling units also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Health and Safety Code Section 18007. See also, "junior accessory dwelling unit."

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

A use or building incidental or subordinate to the principal use or building located upon the same lot.

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

17.06.040 - Addition.

An extension or increase in floor area or height of a building or structure.

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

An office or commercial establishment in which goods, material or equipment is received for servicing, treatment, or processing elsewhere.

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

A public or permanent private way or lane less than forty feet in width which affords a secondary means of access to abutting property.

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

Any floor level below the first story of a building, except that a floor level in a building having only one floor shall be classified as a basement unless such floor level qualifies as a first story as defined in this chapter.

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

Any structure used or intended for supporting or sheltering any use or occupancy.

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

The land area covered by all building on a lot, including all projections except eaves.

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

The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the point of the roof, ridge, or parapet wall.

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

The officer or other designated authority charged with the administration and enforcement of the building codes, or the building official's duly authorized representative.

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

The land area occupied by or capable of being covered by all structures permissible under this chapter.

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

17.06.150 - Chief of the fire department.

The head of the fire department or a regularly authorized deputy.

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

17.06.160 - City.

The incorporated area of the City of Corning.

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

17.06.170 - City council.

The City Council of Corning.

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

17.06.180 - Dwelling.

Any building or portion thereof which contains not more than two dwelling units.

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

A building designed for occupancy by two families living independently of each other, each in a separate dwelling unit, on one lot.

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

A building (or portion of a building) designed, occupied, used, or intended for residential purposes by no more than a single-household unit and containing one kitchen.

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

17.06.210 - Efficiency unit.

See "single-room occupancy" unit.

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

Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in section 50801 of the California Health and Safety Code, and include interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. Medical assistance, counseling, and meals may be also provided.

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

Housing that complies with California Health and Safety Code Section 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing for six or fewer persons is treated as a single-family structure and residential use as described in California Health and Safety Code Sections 17021.5.

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

Housing that complies with California Health and Safety Code Section 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing consisting of no more than thirty-six beds in group quarters (or twelve units or less) designed for use by a single family or household is treated as agricultural use as described in California Health and Safety Code 17021.6.

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

One person living alone or two or more persons living together in a dwelling unit with common access to, and common use of, all living, kitchen, and eating areas within the dwelling unit. See also "single housekeeping unit."

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

A day care facility licensed by the State of California, located in a residential unit where a resident of the dwelling provides care and supervision for children under the age of eighteen for periods of less than twenty-four hours a day.

A.

Small Family Day Care: A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of ten.

B.

Large Family Day Care: A facility that provides care for seven to fourteen children, including children who reside at the home and are under the age of ten.

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

A building or portion thereof in which a motor vehicle is stored, repaired or kept.

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

A garage used only for the shelter or storage of vehicles by the occupants of the dwelling.

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

A garage open to the general public.

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

Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for on a weekly or longer basis. Group residential includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for longterm occupancy (thirty days or more) but excludes hotels and motels, and residential care facilities.

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

The entire area of a parcel or lot, including any proposed public roadways and all other areas which may be ultimately excluded from development. See also, "net area."

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

Any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use of the dwelling, and which use:

A.

Is confined within the dwelling, and occupies not more than twenty-five percent of the floor space thereof;

B.

Involves no sales of merchandise other than that produced on the premises, or directly related to and incidental to the services offered;

C.

Is carried on by the members of the family occupying the dwelling with no other person employed;

D.

Produces no evidence of its existence beyond the premises such as smoke, odors, vibrations, noise, etc., except one sign not to exceed two square feet of area and pertaining directly to the particular home occupation;

E.

Produces no excess traffic; and

F.

Must apply for a permit for home occupancy use (to be approved by the planning department, with a fee set by council).

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

Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

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

See "family."

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

Any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. A solid eight-foot fence is required.

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

A fence of solid material, a minimum of eight feet in height to be provided around any junkyard and no material to be in sight above the top of the fence.

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

17.06.304 - Junior accessory dwelling unit (JADU).

A dwelling unit created within the walls of a proposed or existing single-family residence. See section 17.64.060 of this Zoning Code for regulations related to junior accessory dwelling units.

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

A room or other space within a building designed and constructed for the cooking and/or preparation of food and containing a permanently installed stove or cooktop using natural gas or 220-volt electricity and all required venting/hood per the Building Code.

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

A parcel of land under one ownership used or capable of being used under the regulations of this chapter. Figure 17.1 below, shows various types of lots. Please note that not all of these types are permitted in Corning.

Figure 17.1

==> picture [300 x 236] intentionally omitted <==

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

17.06.315 - Lot coverage.

The portion of a lot that is covered by structures, including primary and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies.

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

17.06.320 - Lot, corner.

A lot located at the junction of two or more intersecting streets with a boundary line thereof bordering on each of such streets. The front of the dwelling shall be the front yard.

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

17.06.321 - Lot, flag.

A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width.

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

17.06.322 - Lot, interior.

A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred and thirty-five degrees; a lot other than a corner lot.

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

17.06.323 - Lot, key.

An interior lot adjoining the rear lot line of a reversed corner lot.

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

17.06.324 - Lot, reversed corner lot.

A lot having frontage on two parallel or approximately parallel streets.

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

17.06.325 - Lot, through.

A lot having frontage on two parallel or approximately parallel streets.

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

Measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line. The city manager or designee shall determine lot depth for parcels of irregular configuration. Figure 17.2 below illustrates the method used to determine lot depth.

Figure 17.2

==> picture [300 x 233] intentionally omitted <==

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

The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Figure 17.2 above illustrates the method used to determine lot width.

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

The boundary line between a lot and other property or the public right-of-way.

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

The narrowest boundary line separating a lot from a street; in the case of a lot having no street frontage, the same will mean the narrowest boundary line parallel and closest to the nearest street or highway, as determined by the city manager or designee.

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

A lot line which is most distant from the front lot line.

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

17.06.344 - Lot line, side.

Any lot boundary line which is not a front or rear lot line.

Figure 17.3

==> picture [300 x 257] intentionally omitted <==

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

A housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to

income, public benefits, health services, shelter, and housing.

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

A housing unit constructed primarily or entirely off-site at a factory before being moved to its intended location.

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

A vehicle, other than a motor vehicle, designed or used for human habitation, for carrying persons and property or its structure, and for being drawn by a motor vehicle.

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

Motel means hotel as defined in this Code.

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

A single structure with two or more dwelling units. See also "duplex," "halfplex," and "triplex."

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

The area of a lot or parcel excluding areas to be dedicated for public purposes or other reasons. See also "gross area."

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

A building or structure or portion thereof lawfully existing at the time the ordinance codified in this chapter became effective, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which is located.

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

A use which lawfully occupied a building or structure or was conducted upon open land prior to the effective date of these regulations, in the district in which it is located and with which regulations it does not comply.

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

Any outdoor display or advertising material in any form upon any physical structure or natural object.

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

An advertising sign or structure upon which outdoor advertising is placed or displayed.

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

Any structure of any kind or character erected, maintained or used for outdoor advertising purposes, upon which any outdoor advertising is or may be placed.

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

An area of land, a yard or other open space on a lot used for or designated for use by stationary motor vehicles.

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

Land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designed to be used by a standing motor vehicle.

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

The planning commission of the city.

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

Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California Law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

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

Include churches, temples, mosques and other places of worship and institutions that exist to support and manage the practice of a specific set of religious beliefs.

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

Residential care facilities are classified into two categories subject to state licensing requirements:

A.

Licensed Residential Care Facility: Any family home, group care facility, or similar facility, licensed by the state, that is maintained and operated to provide twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual. A large licensed residential care facility serves seven or more clients, while a small licensed residential care facility serves six or fewer clients.

B.

Unlicensed Residential Care Facility: Any family home, group home, group care facility, or similar facility, not required to be licensed by the state and operated as a single housekeeping unit, maintained and operated to provide twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual. A large unlicensed residential care facility serves seven or more clients, while a small unlicensed residential care facility serves six or fewer clients.

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

A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance.

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

A retail business establishment supplying gasoline and oil, and minor accessories and service for automobiles.

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

A line established by this chapter to govern the placement of buildings with respect to streets and alleys.

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

A shall is mandatory and indicates a standard, requirement, etc. which must be met.

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

A dwelling unit that is designed for occupancy by one household. "Single-family dwelling" includes manufactured housing units. See also "manufactured housing unit."

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

A dwelling unit occupied by one or more individuals with common access to and common use of, living and eating areas and facilities for the preparation and storage of food within the dwelling unit. See also "family."

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

A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, rented to one- or two-person households on a weekly or monthly basis. Compare to "hotel" and "motel."

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

A portion of a building including the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story.

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

A public or permanent private way forty feet or more in width which affords a primary means of access to property.

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

A structure that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

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

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.

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

As defined by subsection (G) in Government Code Section 65582, Supportive Housing means housing with no limit on length of stay that are occupied by the target population, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

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

A committee that reviews, made up of building official, city engineer, planning officer, public works director or their authorized representatives and fire chief and police chief as needed.

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

As defined in Government Code Section 65582, Target Population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). It may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

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

17.06.532 - Two-family dwelling.

A building designed for occupancy by two families living independently of each other, either where both dwellings are located on the same lot ("duplex") or on separate lots ("halfplex"). See also "duplex" and "halfplex."

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

Housing that has a predetermined end point in time and operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service. The program length shall be no less than six months, as defined in Health and Safety Code Section 50675.2.

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

An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

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

A yard extending across the full width of the lot, measured between the front lot line and the nearest line of the main building or an enclosed or covered porch. The front yard of a corner lot shall be the yard in front of the house.

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

17.06.560 - Yard, rear.

A yard extending between the side yards of the lot and between the rear lot line and the rear setback line.

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

A yard on either side of the lot extending from the front yard to the rear lot line, the width of each yard being measured between the sideline of the lot and the nearest part of the main building or enclosed porch.

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

A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

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

Chapter 17.08 - ESTABLISHMENT OF DISTRICTS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 694, § 1, adopted April 13, 2021, repealed the former Ch. 17.08, §§ 17.08.010— 17.08.040, and enacted a new Ch. 17.08 as set out herein. The former Ch. 17.08 pertained to similar subject matter. Please see the Code Comparative Table for a full derivation.

A.

The several classes of general districts hereby established and to which the city is or may be divided are designated as follows:

1.

R 1, Single-Family Residential District;

2.

R-2, Single-Family/Multi-Family Residential District;

3.

R 3, Neighborhood Multi-Family Residential District;

4.

R 4, General Multi-Family Residential District;

5.

MH, Mobile Homes;

6.

C-1, Neighborhood Business District;

7.

C-2, General Business District;

8.

C-3, General Commercial District;

9.

CH, Highway Service Commercial District;

M-1, Light Industrial District;

11.

M-2, General Industrial District;

12.

ML, Limited Industrial District;

MF, Industrial Frontage District;

14.

P-Q, Public or Quasi-Public Use District;

15.

AV, Airport District;

PD, Planned Development District;

OS-1, Primary Open Space District;

18.

OS-2 Secondary Open Space District.

B.

In addition to the foregoing classes of districts, the following combining districts are established:

1.

A, Agricultural Combining District;

2.

A-2, Agricultural Districts (Exclusive);

3.

LLR, Large Lot Residential Combining District;

4.

F, Special High Frontage Combining;

5.

H, Special Height Combining District;

6.

FP, Floodplain Combining District;

7.

AH, Alternative Housing Combining District;

CBZ, Corning Business Development Zone;

9.

CH, Highway Service Commercial Overlay District;

10.

SPMU, Specific Plan Mixed Use Overlay District.

(Ord. No. 694, § 1, 4-13-2021)

The classes of districts and certain combinations thereof as designated in section 17.08.010 of this chapter and the regulations pertaining thereto may be applied to land areas by amendment of the ordinance codified in this chapter to include herein the written descriptions of the designations, locations and boundaries thereof, or to add hereto sectional district maps showing such information. Such written descriptions and sectional district maps shall become parts of the ordinance codified in this chapter by their addition to this section, and the land areas designated therein shall be subject to the provisions and regulations of this chapter.

(Ord. No. 694, § 1, 4-13-2021)

Where uncertainty exists as to the boundaries of any of the districts set out in this chapter or shown on the sectional district maps, the following rules shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines, such street and alley lines shall be construed to be such boundaries.

B.

Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

C.

In un-subdivided property and where a district boundary divides a lot, the location of any such boundary unless the same is indicated by dimensions shown upon sectional district maps, shall be determined by the use of location of the scale appearing on such sectional district maps. The location of a district boundary may be adjusted within a single lot by application approved by the planning department.

D.

In case further uncertainty exists, the planning commission, upon written application or upon its own motion, shall determine the location of such boundaries, preceded by a public hearing.

(Ord. No. 694, § 1, 4-13-2021)

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

A.

Where such boundaries indicated as approximately following property, street or alley lines, such lines shall be construed to be such boundaries.

B.

An un-subdivided property and where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.

C.

A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.

D. Where

a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacated or abandoned street or alley.

(Ord. No. 694, § 1, 4-13-2021)

17.08.050 - Purpose and applicability of residential zoning districts.

The purposes of the residential zones are to:

A.

Provide for a full range of housing types consistent with the general plan;

B.

Preserve, protect, and enhance the character of the city's different residential neighborhoods;

C.

Enhance the quality of life for residents;

D.

Ensure that the scale and design of new development and alterations to existing development are compatible with surrounding residences and appropriate to the physical and aesthetic characteristics of proposed locations; and

E.

Provide sites for public and semi-public land uses such as parks, schools, day care, and other community uses that will serve city residents and will complement surrounding residential development.

(Ord. No. 694, § 1, 4-13-2021)

Chapter 17.10 - R-1 SINGLE-FAMILY RESIDENCE DISTRICT[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.10, §§ 17.10.010—17.10.044, and enacted a new Ch. 17.10 as set out herein. The former Ch. 17.10 pertained to similar subject matter and derived from Ord. No. 694, § 1, 4-13-2021.

The R-1 single-family residential zone is intended to provide areas for detached single-family dwellings. This zone also provides for public and quasi-public uses, and similar and compatible uses that may be appropriate in a low-density residential environment. The maximum residential density for the R-1 district is ten dwelling units per gross acre. This zone implements the single-family residential (SFR) general plan land use designation.

The following specific regulations and the general rules set forth in sections 17.04.060 and 17.04.070 and chapter 17.50 of this title shall apply in all R-1 districts.

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

In R-1 districts, the following are permitted uses:

A.

Single-family dwellings limited to one dwelling per lot, including private garages, accessory buildings and uses;

B.

Agriculture, horticulture, gardening, keeping of animals as permitted by city ordinances, but not including stands or structures for sale of agricultural or nursery products;

C.

Underground utility installations, and aboveground utility installations for local service, except that substations, generating plants, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition;

D.

Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses included in the master plan;

E.

Mobile homes installation, provided such mobile homes are:

1.

Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 use section 5401, et seq.), and

2.

Are placed on a foundation system, in compliance with the provisions of section 18551 of the Health and Safety Code of California, and

3.

Are placed on a lot designed for single-family dwellings, and

4.

Have a minimum width of twenty feet, and

5.

Bear an insignia of approval by the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development, and the following:

a.

Covered with an exterior material, customarily used on conventional dwellings, which shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation, and

b.

Has roof with a pitch of not less than two-inch vertical rise for each twelve inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings, and

c.

Which shall have porches and eaves, or roofs with eaves, when, in the opinion of the Planning Department of the City of Corning, it is necessary to make it compatible with the dwellings in the area;

F.

Small family day care;

G.

Employee/farmworker housing, small that serves six or fewer persons, subject to the provisions of chapter 17.61;

H.

Employee/farmworker housing, large, subject to the provisions of chapter 17.61;

I.

Transitional and supportive housing, subject to the provisions of chapter 17.69;

J.

Accessory dwelling units, subject to the provisions of chapter 17.64; and

K.

Residential care facility, small (six or fewer persons) licensed, or small or large unlicensed, subject to the provisions of chapter 17.68.

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

17.10.030 - Uses requiring conditional use permits.

In R-1 districts, uses requiring conditional use permits are as follows:

A.

Public parks, schools, playgrounds, libraries, firehouses, and other public buildings and uses not included in the master plan;

B.

Private and religious schools, nursery schools and large family day care;

C.

Churches and religious institutions;

D.

Golf courses and country clubs;

E.

Temporary real estate offices, tract sales offices and advertising signs, and tract construction offices and equipment yards;

F.

Home occupations permit to be approved by the planning department; and

G.

Residential care facility, large (seven or more persons) licensed, subject to the provisions of chapter 17.68.

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

In areas designated R-1-4,000 on the city zoning map, the minimum lot size shall be four thousand square feet. All other height, bulk and space requirements are as set forth in section 17.10.032(B) through (I).

A.

Minimum Lot Area: Four thousand square feet interior lots, four thousand five hundred square feet corner lots.

B.

Minimum Lot Width: Forty feet interior lots, forty-five feet corner lots;

C.

Maximum Building Coverage: Sixty percent of lot area with a minimum width of any residential structure of twenty feet;

D.

Minimum front yard setback of ten feet to residence/porch and a garage must be set back to twenty feet;

E.

Side yard shall not be less than five feet with a two-foot overhang on each side. Three feet shall be added to each required side yard for each story above the first story of any building. The side yard on the street side of each corner lot shall not be less than ten feet. A twenty-foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

F.

Rear yard shall not be less than ten feet;

G.

Building height limit, two and one-half stories, but not exceeding thirty-five feet;

H.

Main building area, the main building shall have a minimum floor area of eight hundred square feet, living space. The definition of "main building" includes a mobile home; and

I.

No portion of a structure, excluding two-foot eaves shall be constructed in a public service or utility easement as depicted on a recorded map.

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

17.10.035 - Large lot designations.

In areas designated R-1-8,000 or R-1-10,000 on the city zoning map, minimum lot size shall be eight thousand and ten thousand square feet respectively. All other height, bulk and space requirements are as set forth in section 17.10.040(B).

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

17.10.040 - R-1 development standards.

In R-1 districts, the development standards can be found in Table 1. The following side yard setbacks shall also apply:

A.

Side yard shall not be less than six feet for each side yard. Three feet shall be added to each required side yard for each story above the first story of any building;

B.

The side yard on the street side of each corner lot shall not be less than ten feet. A twenty-foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

Table 1: Development Standards for

Residential Zoning Districts

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

It shall be the responsibility of the planning commission to determine if a proposed mobile home installation in an R-1 or R-2 districts will be compatible with the neighborhood. Upon applying for a building permit for

the installation of a mobile home, the applicant shall furnish the building official with a site plan, a description of the roof and siding materials, and roof pitch, and pictures of the mobile home from all four sides. This data shall be submitted to the planning commission, who shall determine compatibility of the proposed installation with the neighborhood, and who shall, within forty days of submission to it of the data, make a determination as to compatibility of the mobile home with the neighborhood, and report its findings to the building official. If the findings recommend approval of issuance of the building permit, the building official shall issue the permit, subject to any other conditions applicable to construction in an R-1 or R-2 districts. Failure of the planning commission to make findings within forty days of submission to them of the required data shall constitute approval of the application.

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

If the planning commission recommends denial of the building permit for a mobile home, the applicant may appeal the decision to the city council, in the manner provided by section 17.54.060. Only the denial of a permit is appealable, excepting that if conditions to the issuance of a building permit are imposed which the applicant believes to be excessive, the applicant may appeal the imposition of those conditions.

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

Chapter 17.11 - MULTI-FAMILY RESIDENTIAL DEVELOPMENT AND DESIGN GUIDELINES[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 694, § 1, adopted April 13, 2021, repealed the former Ch. 17.11, §§ 17.11.010— 17.11.050, and enacted a new Ch. 17.11 as set out herein. The former Ch. 17.11 pertained to similar subject matter. Please see the Code Comparative Table for a full derivation.

The multi-family development and design guidelines are intended to assure quality developments and to provide a pleasant residential environment within the context of higher density development in the city. Multi-family buildings shall contribute to the sense of community by carefully relating to the scale and form of adjacent properties, and by designing street frontages that create architectural and landscape interest for the pedestrian and neighboring residents. The guidelines established in this chapter will be applicable to all multi-family development in R-2, R-3, and R-4 zoning districts.

(Ord. No. 694, § 1, 4-13-2021)

Site planning shall be broken up into the following categories:

A.

Building siting:

1.

Clustering of multi-family units shall be a consistent site planning element. Large projects shall be broken up into groups of structures with no more than eight residential units per building.

2.

Buildings shall be generally oriented to the street with varying setbacks to provide visual interest and varying shadow patterns.

3.

Buildings shall be oriented to promote privacy to the greatest extent possible.

4.

Buildings shall be located so that buffer zones are created from neighboring properties.

B.

Circulation and parking:

1.

Principal vehicular access into multi-family projects shall be through an entry driveway.

2.

All site entrances shall be visible from a public street and well lighted.

3.

Special accents, such as monuments, public art, ornamental features, decorative, special textured paving, flowering accents, walls, shrubs, and the use of specimen trees, shall be used to generate visual interest at entries.

4.

Entry drives shall have sidewalks on both sides.

5.

Cross circulation between vehicles and pedestrians shall be minimized. A continuous clearly marked walkway shall be provided from parking areas to main entrances of buildings.

6.

Walkways shall be located to minimize the impact of pedestrians on the privacy of nearby residences or private open space. Avoid siting a walkway directly against a building. A landscaped planting area between walkways and building facades is strongly encouraged.

Parking areas shall be covered and divided into a series of smaller parking courts located within the interior of the development and shall not be visible from the street. No parking along street frontages is permitted.

8.

Carports, detached garages, and accessory structures shall be designed as an integral part of the architecture of the project. They shall be similar in material, color, and detail to the principal buildings of a development.

9.

Parking areas shall be treated as an important public space whose character is clearly and coherently delineated by landscaping, lighting, building massing, and pedestrian/vehicular circulation.

(Ord. No. 694, § 1, 4-13-2021)

Architectural design for multi-family residential development is a desirable concept to make the buildings more attractive and fit into the surrounding community. There are a number of desirable architectural concepts such as Mediterranean, Spanish Mission, Craftsman, Spanish Colonial Revival and Victorian that would match in with existing commercial and residential development within the city. Prior to receiving a development permit for multi-family residential projects the developer must submit photos or a prepared rendition of the multi-family residential structures for review and approval by the planning commission. Architectural elements that should be incorporated into multi-family structures are:

1.

Bays,

2.

Bay windows,

3.

Recessed or projecting balconies,

4.

Verandas,

5.

Porches,

6.

Mixed exteriors.

As well as other elements that add visual interest, scale and character to the neighborhood and community are encouraged.

(Ord. No. 694, § 1, 4-13-2021)

Color is an important element in establishing a buildings character and architectural style. The following shall be considered when establishing a color for the structures:

1.

The predominant color of the building and accessory structures shall be a muted, non-garish tone.

2.

Color shall be used as an important accent in the project's appearance. More than one predominant paint color is encouraged. Compatible accent colors shall be used to enhance important architectural elements and features.

3.

Bright or intense colors shall be used very sparingly, and shall typically be reserved for more refined or delicate detailing.

4.

Materials such as brick and stone shall be left in their natural colors.

(Ord. No. 694, § 1, 4-13-2021)

Landscaping and lighting provide a unifying element within a project and provide security to occupants and their guests. The following features shall be incorporated into the landscaping and lighting of multi-family residential units:

1.

Landscaped areas shall incorporated plantings using a three-tier system of grasses and ground covers, shrubs and vines, and trees.

2.

Landscaping around building perimeters is required.

3.

Shrub areas shall have weed mat placed in unplanted areas and shrub and bare dirt areas must be covered with rock, bark or alternative coverings approved by the planning commission.

4.

All landscaped areas must have automatic irrigation systems installed that comply with the city's water efficient landscape regulations.

5.

All lighting areas shall be arranged to provide safety and security for residents and visitors but prevent direct glare of illumination onto adjacent units or parcels.

6.

All entry ways and pedestrian travel ways must be lite with appropriately scaled lighting.

(Ord. No. 694, § 1, 4-13-2021)

Chapter 17.12 - OBJECTIVE DESIGN AND DEVELOPMENT STANDARD FOR AFFORDABLE MULTIFAMILY RESIDENTIAL[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 694, § 1, adopted April 13, 2021, repealed the former Ch. 17.12, §§ 17.12.010— 17.12.040, and enacted a new Ch. 17.12 as set out herein. The former Ch. 17.12 pertained to R-2 twofamily residence district. Please see the Code Comparative Table for a full derivation.

Pursuant to state law, the City of Corning is required to review qualifying affordable multi-family projects using a streamlined ministerial review process. This chapter meets the requirements of state law by establishing a process for reviewing affordable multi-family residential projects with objective design and development standards. This will ensure that all housing built pursuant to this chapter meets the city's standards for quality design.

(Ord. No. 694, § 1, 4-13-2021)

17.12.020 - Applicability.

A.

Eligibility. This chapter applies to multi-family housing projects which meet the eligibility criteria found in California Government Code Section 65913.4.

B.

Verification of Eligibility. All applications shall be either approved or denied by the city within the following timelines:

Projects with one hundred and fifty or fewer housing units shall be approved within sixty calendar days of application submittal.

2.

Projects with more than one hundred and fifty housing units shall be approved within ninety calendar days of application submittal.

C.

Approval Authority. Applications for streamlined review of multi-family housing shall be reviewed and approved by the city manager or designee.

D.

Approval Required for Conforming Projects and Required Findings. The city manager or designee shall approve an application for streamlined review of multi-family housing if the proposal:

1.

Meets the eligibility criteria for streamlined review of multi-family housing; and

2.

Conforms with all of the objective design standards contained in this chapter.

The city manager or designee shall transmit notice of his/her decision to approve or deny an application for streamlined review of multi-family housing to the planning commission within one calendar day of the date of decision.

If an application for streamlined review of multi-family housing is denied, the city shall notify the applicant in writing of the reason(s) for the denial, including any eligibility criteria or design standards that are not satisfied.

E.

No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application for streamlined review of multi-family housing.

F.

Appeals. The decision of the city manager or designee to approve or deny an application for streamlined review of multi-family housing may be appealed per the provisions of this Code. The commission's review of an appeal shall be limited to determining whether the project meets the required findings for approval contained in this chapter.

(Ord. No. 694, § 1, 4-13-2021)

An approval for streamlined review of multi-family housing pursuant to this chapter shall expire pursuant to Government Code Section 65913. A one-year time extension may be granted pursuant to state law if the applicant provides reasonable documentation to prove there has been significant progress toward getting the project construction-ready, such as filing a building permit application.

(Ord. No. 694, § 1, 4-13-2021)

An applicant may request an amendment to an approved streamlined review of multi-family housing. Amended projects shall demonstrated continued conformance with the eligibility requirements and development standards in this chapter.

(Ord. No. 694, § 1, 4-13-2021)

The following standards apply to the siting of buildings within the multi-family project.

A.

Neighborhood Compatibility.

1.

Residential projects located across the street from single-family neighborhoods shall orient the following features toward the street: individual entries, patio areas and landscaping facing single-family homes.

2.

Where new multi-family development is built adjacent to or across a street from existing residential development, the facade facing the existing low-density residential development shall be designed to provide architectural relief and interest, and in similar massing and scale of adjacent neighbors.

3.

Windows shall be offset by ten feet to avoid direct sightlines into and from existing homes on the same level. Balconies shall be positioned so they avoid direct views into neighboring properties.

B.

Pedestrian Access and Open Space. The following standards apply to the design of pedestrian and open space features within the multi-family project.

1.

On-site pedestrian circulation and access shall be provided according to the following standards:

a.

Pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

An on-site walkway shall connect the primary building entry or entries to a public sidewalk along each street right-of-way.

c.

Walkways shall be a minimum of four feet wide and paved with concrete.

2.

Common open space is required for all multi-family projects with more than ten units seeking approval through the objective standards process as shown below:

a.

Common open space shall be provided at a rate of one hundred square feet of open space per dwelling unit. Required front, side, and rear setbacks shall not be counted toward meeting open space requirements.

b.

Common open space is open space used commonly by residents of a building, having a minimum dimension of fifteen feet in any direction and a minimum area of three hundred square feet.

c.

Common open space may be comprised of the following: patios, turfed areas, community gardens, pools, common pedestrian walkways serving the entire development, tot-lots, and recreation areas accessible to building residents and their visitors.

d.

Common open space shall not include driveways, pedestrian access to units from common pedestrian walkways, parking areas or required front, side or rear setback areas.

e.

A minimum of sixty percent of the common open space shall be provided as a landscaped turf area or garden.

3.

Private open space is required for all mufti-family projects seeking approval through the objective standards process. The following requirements shall apply:

a.

Private open space areas at ground level, such as patios, shall have a minimum of one hundred and twenty square feet of private outdoor space directly adjacent to the unit.

b.

Private open space above ground level, such as balconies, shall have a minimum of sixty square feet of area with no dimension less than six feet.

c.

Private outdoor space shall be delineated by a wall, fence, or hedge.

d.

Private open space is usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Examples include patios, screened decks, or balconies.

e.

Accent elements shall be used to demarcate pedestrian entrances to a multi-family development and common open space areas on the interior of a project site. Accent elements shall include the following: wood trellises, arches, arbors, columns, or low monument features.

(Ord. No. 694, § 1, 4-13-2021)

The following standards apply to the design of landscaping and lighting within the multi-family project.

A.

Landscaping.

1.

Landscaping around the building perimeter is required.

2.

Within the landscaped area between the right-of-way and buildings, trees shall be planted at a rate of one for each twenty feet of landscaped area. Trees shall be located between four and ten feet from the back of the sidewalk. The landscaped area shall also include shrubs, ground covers, and other natural growth, or stormwater quality features and drainage treatments.

3.

All planting areas, plant materials, and irrigation shall conform with the city's water-efficient landscaping regulations.

Parking lot landscaping.

a.

Parking areas, covered and uncovered, must be screened from view from public roadways with landscaping. Landscaped screening is defined as a natural or man-made feature which separates land uses. Landscape screening may be accomplished through the following: landscaping (groundcover, plantings, and trees), a planted earth berm (no greater than two feet in height), hedge, wall, or some combination of the above.

b.

A perimeter landscaped strip at least ten feet wide shall be provided for any parking area adjacent to a public street or to the side or rear property line. The perimeter landscaped strip may be located within a required setback area.

c.

Trees shall be planted and maintained in all parking lots at a minimum ratio of one tree for every six parking spaces. Trees shall be evenly distributed throughout the entire parking area.

B.

Lighting.

1.

All entryways, pathways, open spaces, and parking lots shall be illuminated per city standards.

2.

High-efficiency, warm white light shall be used.

3.

Lighting shall be arranged to reflect or direct light away from adjacent residential properties.

(Ord. No. 694, § 1, 4-13-2021)

The following standards apply to the architectural design of the multi-family project.

A.

Facade Detailing and Materials.

1.

Building facades shall reflect the characteristics of one of the following architectural styles: Mediterranean, Spanish Mission, Craftsman, Spanish Colonial Revival, or Victorian.

2.

All visible building facades visible from the public right-of-way shall incorporate one or more of the following details: window and door trim, window recesses, cornices, changes in materials or other design elements. All building facades shall be designed with the same level of detailing and quality of materials.

3.

Window trim shall be a minimum of two inches in width and one inch in depth. In lieu of exterior window trim, windows may be recessed from a wall plane by a minimum of three inches.

4.

A unified palette (color, texture, sheen) of materials shall be used on all sides of buildings. Every building shall have at least two complementary colors.

5.

At least two materials shall be used on any building frontage, in addition to glazing and railings. One material must comprise at least twenty percent of the building facade.

6.

Allowed materials shall include stone, brick, stucco, painted wood, and vinyl siding. The following materials are prohibited: concrete block (unless covered by stucco), T111 plywood, and metal.

7.

Natural materials such as stone, river rock, or slate, which are intended to be seen in their natural state, shall not be painted.

8.

The roofing materials shall be used: composite shingles, asphalt shingles, clay tile, or concrete. Metal and wood shingles shall be prohibited.

9.

Carports, detached garages, and accessory structures shall use similar materials, colors, and details equivalent to the principal buildings of a development.

10.

All multi-family tenant parking spaces shall be covered. Guest spaces may be uncovered or covered.

B.

Massing and Articulation.

Upper stories shall not project beyond the ground floor footprint, except for bay windows or balconies.

2.

The massing of upper stories, particularly those over a garage, shall be modulated by stepping back massing elements a minimum of two feet from the ground floor facade, and/or through the use of protruding bay windows.

3.

Garage doors shall be recessed a minimum of nine inches from the plane of the building facade.

4.

A minimum one-foot offset is required for any wall plane that exceeds thirty feet in length.

5.

Buildings over two stories tall shall have massing breaks at least every one hundred feet along any street frontage adjacent to a public park, publicly accessible outdoor space, or designated open space. Breaks in massing may be provided through the use of varying setbacks and/or building entries. Massing breaks shall be a minimum of two feet deep and four feet wide and extend the full height of the building. Building entrances and front porches may count towards meeting this requirement.

6.

Variation of roof forms shall be used on buildings of over fifty feet in length along the street frontage. This can be accomplished through the use of cornices, reveals, clerestory windows, and differences in roof height and/or form.

7.

A minimum of two architectural features shall be incorporated into each building, including: balconies, dormers, bay windows, patios, individualized entries, and accent materials.

(Ord. No. 694, § 1, 4-13-2021)

The following standards apply to the design of accessory features within the multi-family project.

A.

Walls and Fences.

1.

All wall and fence designs shall integrate materials and detailing that are used on the primary buildings (e.g. pilasters, stonework, wrought iron, or colors).

Walls shall be constructed of decorative masonry, including CMU walls, split-face walls, or material of similar appearance, maintenance, and structural durability. Precision block is prohibited unless coated in stucco or a similar surface treatment.

3.

Fences may be constructed of wood or vinyl. Chain link fencing is prohibited.

4.

Fences and walls located along the side or rear property lines which are not along street frontages shall be solid fences or walls. Open fences, which feature wrought iron/tubular steel, may be permitted to capture scenic views offered by a property line that adjoins a permanent open space area, and where the yard does not require screening.

5.

Fencing between private yards and common open spaces shall be a minimum of four feet in height.

6.

Where screening is necessary as part of the site design, block walls may be constructed within the front yard setback and along the street frontage, but must be decorative masonry, have a decorative cap, and feature a landscape setback.

7.

Exterior trash, refuse storage, utility boxes, and electric and gas meters shall be screened from the public right-of-way with landscaping, fences, or walls.

B.

Refuse Containers.

1.

Developments with four or fewer units may be designed so that units are provided with individual refuse containers. Refuse containers must be provided with a location to be stored which is out of view from pedestrian walkways and internal and external roadways.

2.

In developments with five units or more, shared refuse containers shall be provided, which shall be located within an enclosure or building. The applicant shall provide the city with information from the refuse pickup provider verifying the size and number of dumpsters required by the projects.

3.

Refuse enclosures shall be a minimum of six feet tall and an adequate size to accommodate the needed refuse and recycling containers.

Refuse enclosures and gates shall be designed and made with durable materials to withstand heavy use. Wheel stops or curbs shall be installed to prevent dumpsters from hanging into walls of enclosure.

5.

Refuse enclosures shall include a door to allow resident access without opening the gates.

6.

Lighting shall be provided at refuse enclosures for night-time security and use.

7.

Refuse enclosures shall be located so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit.

8.

The entrance of refuse enclosures shall not be visible from public rights-of-way.

C.

Private Storage Space. Each unit shall have at least twenty-five square feet of enclosed, weatherproofed, and lockable private storage space with a minimum horizontal dimension of four feet.

(Ord. No. 694, § 1, 4-13-2021)

Chapter 17.13 - R-2 SINGLE FAMILY/MULTI-FAMILY RESIDENTIAL DISTRICT

The R-2 single-family/multi-family residential zone is intended to provide areas for single-family dwellings, duplex dwellings, and triplexes. This zone also provides for public and quasi-public uses, and similar and compatible uses that may be appropriate in a low medium density residential environment. The maximum residential density for the R-2 district is fourteen dwelling units per gross acre. This zone implements the single-family residential (SFR) general plan land use designation.

The following specific regulations and the general rules set forth in sections 17.04.060 and 17.04.070 and chapter 17.50 of this Code shall apply in all R-2 districts. It is intended that this district classification be applied in areas where medium density residential development of single-family homes or apartments is or is intended to be the dominant use.

(Ord. No. 694, § 1, 4-13-2021)

In R-2 districts, the following are permitted uses:

A.

Uses as permitted in R-1 district as set forth in section 17.10,020 of this title;

B.

One two-family dwelling (duplex) shall be permitted on a lot with a minimum size of six thousand square feet;

C.

A triplex shall be allowed on a lot with a minimum size of nine thousand square feet of lot area. For each additional three thousand square feet of lot area, an additional dwelling unit shall be allowed, with building type limited to either a duplex or triplex construction.

(Ord. No. 694, § 1, 4-13-2021)

17.13.030 - Uses requiring conditional use permits.

In R-2 districts, uses requiring conditional use permits shall be the same as uses permitted in R-1 districts, as set forth in section 17.10.030 of this title.

(Ord. No. 694, § 1, 4-13-2021)

17.13.040 - Development standard requirements.

In R-2 districts, development standards can be found in Table 1. The following side yard setbacks shall also apply:

A.

Side yards shall not be less than six feet for each side yard. Three feet shall be added to each required side yard for each story above the first story of any building. The side yard on the street side of each corner lot shall not be less than ten feet. A twenty foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

B.

Rear yard shall not be less than ten feet. An additional five feet shall be added to the required rear yard for each story over the first story of any building.

(Ord. No. 694, § 1, 4-13-2021)

Chapter 17.14 - R-3 NEIGHBORHOOD MULTI-FAMILY RESIDENTIAL DISTRICT[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.14, §§ 17.14.010—17.14.040, and enacted a new Ch. 17.14 as set out herein. The former Ch. 17.14 pertained to similar subject matter and derived from Ord. No. 694, § 1, 4-13-2021.

The R-3 neighborhood multi-family residential zone is intended to provide areas for a variety of housing types including townhomes, condominiums, and apartment buildings. This zone also provides for public and quasi-public uses, and similar and compatible uses that may be appropriate in a medium-density residential environment. The maximum residential density for the R-3 district is twenty-eight dwelling units per gross acre. This zone implements the multi-family residential (MFR) general plan land use designation.

The following specific regulations and the general rules set forth in sections 17.04.060 and 17.04.070 and chapter 17.50 of this title shall apply in all R-3 districts. It is intended that this district classification be applied in areas where high density development of homes and apartments is the desirable use.

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

In R-3 districts, permitted uses shall be:

A.

Townhouses, condominiums, and apartments;

B.

Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses included;

C.

Multiple-family residential units, either attached or detached, with a density not exceeding twenty-eight units per acre, with a minimum lot size of fifteen thousand square feet;

D.

Underground utility installations, and aboveground utility installations for local service, except that substations, generating plants, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition;

E.

Transitional and supportive housing, subject to the provisions of chapter 17.69;

F.

Accessory dwelling units, subject to the provisions of chapter 17.64;

G.

Residential care facility, small (six or fewer persons) licensed, or small or large unlicensed, subject to the provisions of chapter 17.68.

H.

Employee/farmworker housing that serves six or fewer persons, subject to the provisions of chapter 17.61; and

I.

Employee/farmworker housing, large, subject to the provisions of chapter 17.61.

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

17.14.030 - Permitted uses, by-right (Government Code Section 65583.2(h) and (i)).

A.

All housing element inventory sites identified in Table VI.4 (Vacant Sites Inventory) of the City's 2024—2029 Housing Element or by the Department of General Services Housing and Local Land Development Opportunities Map shall comply with state law. In particular:

1.

Any sites rezoned after the start of the planning period, proposed to be developed at a minimum density of twenty dwelling units per acre, and providing at least twenty percent of the total units in the development as affordable to lower-income households are eligible for by-right approval as defined in Government Code Section 65583.2(h) and (i).

2.

Any sites being used to accommodate the current lower-income RHNA that are nonvacant and were identified in the previous planning period or vacant and identified in two or more previous consecutive planning periods, providing appropriate densities and providing at least twenty percent of the total units in the development as affordable to lower-income households shall be permitted by-right consistent with Government Code Section 65583.2(i).

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

17.14.040 - Uses requiring conditional use permits.

In R-3 districts, uses requiring use permits shall be:

A.

In R-3 districts, all uses permitted in the R-1 and R-2 districts shall be permitted subject to approval of a conditional use permit; and

B.

Residential care facility, large (seven or more persons) licensed, subject to the provisions of chapter 17.68.

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

In R-3 districts, the development standards can be found in Table 1. The following side yard setbacks shall also apply:

A.

Side yards shall not be less than six feet for each side yard. Three feet shall be added to each required side yard for each story above the first story of any building. The side yard on the street side of each corner lot shall not be less than ten feet. A twenty-foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

B.

Rear yard shall not be less than ten feet. An additional five feet shall be added to the required rear yard for each story over the first story of any building.

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

Chapter 17.16 - R-4 GENERAL MULTI-FAMILY RESIDENTIAL DISTRICT[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.16, §§ 17.16.010—17.16.040, and enacted a new Ch. 17.16 as set out herein. The former Ch. 17.16 pertained to similar subject matter and derived from Ord. No. 694, § 1, 4-13-2021.

The R-4 general multi-family residential zone is intended to provide areas for a wide variety of mediumdensity residential development. Housing types include attached townhouses, condominiums, and apartment buildings. This zone also provides for public and quasi-public uses, and similar and compatible uses that may be appropriate in a medium density residential environment. The maximum residential density for the R-4 district is twenty-eight dwelling units per gross acre. This zone implements the multifamily residential (MFR) general plan land use designation.

The following specific regulations and the general rules set forth in sections 17.04.060 through 17.04.070 and chapter 17.50 of this Code shall apply in all R-4 districts. It is intended that this district classification be applied in areas where group dwellings and apartments are the logical and desirable uses.

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

In R-4 districts, the following uses are permitted:

A.

Townhouses, condominiums, and apartments;

B.

Parks, playgrounds, public and private schools, churches and religious institutions, libraries, day care centers and public buildings;

C.

Private garages, or parking lots uncovered and screened by suitable walls or planting, when operated by or in conjunction with a permitted use;

D.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use;

E.

Advertising signs pertaining directly to a permitted nonresidential use on the property, and not to exceed one sign of a maximum area of six square feet for any such use, or as specified in the use permit;

F.

Group residential dwellings;

G.

Single-room occupancy units;

H.

Transitional and supportive housing, subject to the provisions of chapter 17.69;

I.

Low barrier navigation centers;

J.

Accessory dwelling units, subject to the provisions of chapter 17.64;

K.

Residential care facility, small (six or fewer persons) licensed, or small or large unlicensed, subject to the provisions of chapter 17.68.

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

17.14.030 - Permitted uses, by-right (Government Code Section 65583.2(h) and (i)).

A.

All housing element inventory sites identified in Table VI.4 (Vacant Sites Inventory) of the City's 2024—2029 Housing Element or by the Department of General Services Housing and Local Land Development Opportunities Map shall comply with state law. In particular:

1.

Any sites rezoned after the start of the planning period, proposed to be developed at a minimum density of twenty dwelling units per acre, and providing at least twenty percent of the total units in the development as affordable to lower-income households are eligible for by-right approval as defined in Government Code Section 65583.2(h) and (i).

2.

Any sites being used to accommodate the current lower-income RHNA that are nonvacant and were identified in the previous planning period or vacant and identified in two or more previous consecutive planning periods, providing appropriate densities and providing at least twenty percent of the total units in the development as affordable to lower-income households shall be permitted by-right consistent with Government Code Section 65583.2(i).

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

In R-4 districts, the following uses are conditionally permitted:

A.

Hotels, motels, hospitals, rest homes, sanitariums, mortuaries, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which in the opinion of the planning commission, are similar to the foregoing; and clubs, lodges and fraternities, except those operated as a business or for profit; and

B.

Residential care facility, large (seven or more persons) licensed, subject to the provisions of chapter 17.68.

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

17.16.050 - R-4 development standards.

In R-4 districts, the development standard requirements can be found in Table 1. The following standards shall also apply:

A.

Side yards shall not be less than six feet for each side yard. Three feet shall be added to each required side yard for each story above the first story of any building. The side yard on the street side of each corner lot shall not be less than ten feet. A twenty-foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

B.

Rear yard shall not be less than ten feet. An additional five feet shall be added to the required rear yard for each story over the first story of any building;

C.

Section 8.17 distances between main buildings on same lot, ten feet;

1.

Attached dwellings in a single row "side-to-side" series facing a side lot line; side yards to the rear of buildings, eight feet; side yards in front of buildings, fourteen feet;

2.

Attached dwellings in a row "side-to-side" series facing a central court; side yards to the rear of buildings, eight feet; width of central court, twenty-four feet. Distance between buildings, ten feet; and

3.

The rear yard on a lot on which a dwelling group is constructed may be reduced to not less than twelve feet. No building in a group dwelling development shall have a rear thereof abutting upon a street;

D.

Loading areas, as specified in conditional use permit.

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

Chapter 17.17 - M-H MOBILE HOMES[[10]]

Footnotes:

--- ( 10 ) ---

For statutory provisions on local powers to regulate mobile homes, see Health and Safety Code 18300.

This chapter is adopted to promote and protect the public health, safety and general welfare, and established community characteristics and values in the city.

(Ord. 547 §3(part), 1994).

The definitions, regulations and other provisions of Title 17, California Administrative Code, Section 14, shall apply except as otherwise provided in this chapter.

(Ord. 547 §3(part), 1994).

17.17.030 - Mobile home park regulations.

A.

Mobile home parks, travel trailer parks and recreational trailer parks may be permitted to be established, maintained and operated only in strict conformity with provisions of Title 17 of this code, and with the conditions of any permits issued thereunder.

B.

Travel trailer parks and recreational trailer parks may also be permitted when located as designated sections within approved mobile home parks, and when such sections occupy not more than twenty-five percent of the total space in any such mobile home parks.

C.

No temporary trailer parks, incidental camping area or tent camps shall be permitted in the city.

(Ord. 590 (part), 2001; Ord. 547 §3(part), 1994).

17.17.040 - Mobile home occupancy regulations.

No mobile home, camp car, recreational vehicle, trailer coach, travel trailer, or similar vehicles may be occupied or used for living or sleeping purposes, except when legally located in an approved and authorized mobile home park, except as follows. A temporary use and occupancy permit may be issued by the planning commission for the following purposes:

A.

For use as a temporary dwelling by the owner when located on a site for which a residential building permit has been issued;

B.

For use as a temporary dwelling and/or office when located on a site for which a building permit has been issued;

C.

For use as temporary watchman quarters on the site of an established commercial or industrial operation. (Ord. 547 §3(part), 1994).

Chapter 17.18 - C-1 NEIGHBORHOOD BUSINESS DISTRICT

The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in all C-1 districts. It is intended that this district classification be applied on properties suitable to serve residential areas with convenience shopping and service facilities.

(Ord. 153 §9.01, 1959).

In C-1 districts, permitted uses shall be as follows:

A.

The following retail business uses:

1.

Foodstores, dairy products and bakery goods stores,

2.

Bookstores and rental libraries,

3.

Drugstores, including soda fountain and food service,

4.

Florist, variety, hardware, clothing stores,

5.

Other retail business uses which, in the opinion of the planning commission, are similar to the foregoing;

B.

The following agencies and services:

1.

Laundry and cleaning agencies, pressing shops,

2.

Barber shops and beauty parlors,

3.

Repair shops for shoes, radios and domestic appliances,

4.

Professional offices, studios and clinics,

Gasoline service stations, exclusive of auto repairs; provided, that all operations except the service with gasoline, oil, air and water be conducted within an enclosed building,

6.

Self-operated laundries,

7.

Other services and agencies which, in the opinion of the planning department, are similar to the above;

C.

Public buildings, public utility substations and offices;

D.

Commercial parking lots and parking garages;

E.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use, and upon securing a conditional use permit, an on-site residence not to exceed one-third the square footage of an active business establishment and occupied by the owner/proprietor or their agent; such residences are to be a secondary use to an active commercial enterprise, either upstairs or in the rear, with the storefront remaining commercial. No residential garage shall be permitted.

(Ord. 623 §a.1, 2005; Ord. 589 §5, 2001; Ord. 558 (part), 1996; Ord. 524 §11, 1992; Ord. 153 §9.02, 1959).

17.18.030 - Minimum height, bulk and space requirements.

In C-1 districts, the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, lot width, building coverage regulations, none;

B.

Front yard, fifteen feet, except where the frontage in a block is partially within an R district, the same setback shall be required as in the R district;

C.

Side yard, none required, except where the side of a lot abuts an R district, the side yard shall not be less than ten feet, or as required by building code or other regulations;

D.

Rear yard, fifteen feet;

E.

Loading area, twenty-foot alleys for loading and delivery purposes shall be provided adjacent to all lots to be used for commercial purposes. Ten feet of the required yard may be included in such alleys;

F.

Building height limit, one story, but not to exceed thirty feet;

G.

Corner lots, side yard setback ten feet;

H.

Parking requirements are to meet Chapter 17.51.

(Ord. 589 §1, 2001; Ord. 524 §11.1, 1992; Ord. 497 §1(part), 1989; Ord. 153 §§9.10—9.17, 1959). Chapter 17.20 - C-2 CENTRAL BUSINESS DISTRICT

The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in all C-2 districts. It is intended that this district classification be applied in areas suitable for complete retail business and service use to serve a residential community.

(Ord. 153 §10.01, 1959).

In C-2 districts, permitted uses shall be as follows:

A.

Uses permitted in C-1 districts, except that gasoline service stations, automotive sales, automotive repair and marine repair shop operations shall be permitted only upon the securing of a use permit in each particular case, and provided that all operations except the service with gasoline, oil, air and water be conducted within an enclosed building.

B.

Retail stores and business or service enterprises which, in the opinion of the planning department, are of a character similar to the following:

1.

Athletic facilities, banks, business offices, bowling alleys, food, drug and clothing stores,

Business colleges, music and dancing studios,

3.

Blueprinting shops, photographic stores,

4.

Catering shops, cafes and restaurants,

5.

Art and antiques shops, pawnshops,

6.

Hotels, theaters, auditoriums, lodge halls and social clubs,

7.

Newspapers and commercial printing shops,

Mortuaries,

Bakeries;

C.

Professional offices, studios, and clinics;

D.

Incidental storage and accessory uses, including repair operation and services; provided, that such is clearly incidental to the sale of products at retail on the premises and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, vibration, fire or safety;

E.

Upon securing a conditional use permit, an on-site residence not to exceed one-third the square footage of an active business establishment and occupied by the owner/proprietor or their agent, such residences are to be a secondary use to an active commercial enterprise, either upstairs or in the rear, with the storefront remaining commercial. No residential garages shall be permitted.

(Ord. 623 §a.2, 2005; Ord. 589 §§4, 6, 2001; Ord. 558 (part), 1996; Ord. 524 §§12, 12.1, 1992; Ord. 469 §3, 1988; Ord. 153 §10.02, 1959).

17.20.030 - Minimum height, bulk and space requirements.

In C-2 districts, the minimum height, bulk and space requirements shall be as follows:

A.

Lot areas, width, coverage, front and side yard as follows:

1.

Minimum lot area, none;

2.

Minimum lot width, none;

3.

Maximum main building coverage, none;

4.

Minimum front yard setback, none required; except where the frontage in a block is partially within an R district, the same setback shall be required as in the R district;

5.

Side yard, none required; except where the side of a lot abuts an R district, the side yard shall not be less than ten feet.

B.

Rear yard, twelve feet where accessible from street, alley, or parking lot for loading purposes. Building may project over rear yard area providing fourteen feet clear vertical distance from ground level is maintained. Building Code and other regulations shall apply;

C.

Building height limit, four stories, but not to exceed fifty feet; and provided, that buildings shall be confined within inclined planes sloping inward at ratio of one foot horizontally to two feet vertically, such planes beginning directly above property lines at an elevation of thirty feet above average ground grade;

D.

Loading area, twenty-foot alleys for loading and delivery purposes shall be provided adjacent to all lots to be used for commercial purposes. Ten feet of the required yard may be included in such alleys;

E.

Corner lots, side yard setback ten feet.

(Ord. 589 §2, 2001; Ord. 524 §12.2, 1992; Ord. 153 §§10.10-l0.14, 1959).

Chapter 17.22 - C-3 GENERAL COMMERCIAL DISTRICT

This district classification is intended to be applied where general commercial facilities are necessary for public service and convenience. The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in all C-3 districts.

(Ord. 153 §11.01, 1959).

In C-3 districts, permitted uses shall be as follows:

A.

Uses permitted in the C-1 and C-2 districts;

B.

The following and other uses which, in the opinion of the planning commission, are of a similar character:

1.

Gasoline service stations; provided, that all operations except the servicing with gasoline, oil, air, and water are carried on within a building,

2.

Commercial repair garages, and incidental service uses,

3.

Automobile sales and service, used car lots,

4.

Wholesale distribution uses, warehouses,

5.

Laundry and dry-cleaning businesses using non-inflammable cleaning solvents,

6.

Veterinary hospitals, animals to be kept in an enclosed structure,

7.

Carwash;

C.

All other commercial uses except those uses which are specified in chapters 17.26 and 17.28 of this title as being permitted only in M-1 and M-2 districts;

D.

Incidental storage and accessory uses, including repair operations and services, provided such uses shall be clearly incidental to the sale of products at retail on the premises, and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, or vibration.

E.

Upon securing a conditional use permit, an on-site residence not to exceed one third the square footage of an active business establishment and occupied by the owner/proprietor or their agent, such residences are to be a secondary use to an active commercial enterprise, either upstairs or in the rear, with the storefront remaining commercial. No residential garages shall be permitted.

(Ord. 589 §7, 2001; Ord. 558 (part), 1996; Ord. 588 (part), 1996; Ord. 524 §§13, 13.1, 1992; Ord. 184 §1, 1962: Ord. 153 §11.02, 1959; Ord. No. 703, § 1, 10-25-2022)

17.22.030 - Minimum height, bulk and space requirements.

In C-3 districts, the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, width and coverage, none;

B.

Side yard and front yard shall be as follows:

1.

Side yard, none; except as required by the building code or other regulation, or where the side of a lot abuts an R district, the side yard shall not be less than ten feet.

2.

Front yard, none; except where the frontage in a block is partially within an R district, the same setback shall be required as in the R district.

C.

Rear yard, twelve feet where accessible from street, alley or parking lot for loading purposes. Building may project over rear yard area, providing fourteen feet clear vertical distance from ground level is maintained. Building Code and other regulations shall apply;

D.

Building height limit, four stories, but not to exceed fifty feet; and provided, that buildings shall be confined within inclined planes sloping inward at a ratio of one foot horizontally to two feet vertically, such planes

beginning directly above property lines at an elevation of thirty feet above average ground grade;

E.

Loading area, twenty-foot alleys for loading and delivery purposes shall be provided adjacent to all lots to be used for commercial purposes. Ten feet of the required yard may be included in such alleys;

F.

Parking requirements as required by Chapter 17.51;

G.

Corner lots, side yard setback ten feet.

(Ord. 589 §3, 2001; Ord. 524 §13.2 1992; Ord. 153 §§11.10-11.14, 1959).

17.22.040 - Uses permitted with a use permit.

In C-3 districts, uses requiring use permits are as follows:

A.

RV facilities, provided that:

1.

An RV facility shall mean any use which derives income directly from providing an area or place in which to park mobile living and/or sleeping units specifically for the purpose of occupation and use of such mobile units.

2.

RV facilities shall provide some landscaped exterior yard area for the use of guests.

B.

Commercial communication towers and associated facilities.

(Ord. 590 (part), 2001; Ord. 566, 1997; Ord. 487 §1, 1989).

Chapter 17.24 - RESERVED

Editor's note— Ord. No. 703, § 2, adopted Oct. 25, 2022, repealed chapter 17.24, which pertained to CH highway service commercial district and derived from Ord. No. 623 § a.3, 2005; Ord. No. 589 § 8, 2001; Ord. No. 153 § 12.03, 1959.

Chapter 17.26 - M-1

LIGHT INDUSTRIAL DISTRICTS

The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in all M-1 districts.

(Ord. 153 §13.01, 1959).

In M-1 districts, permitted uses shall be as follows:

A.

Uses permitted in the C-3 district may be permitted upon the securing of a conditional use permit. An onsite residence may be permitted, upon securing a conditional use permit, provided the occupation of such residence will not exceed one-third of the square footage of an active business establishment and occupied by the owner/proprietor or their agent. Such residence is to be a secondary use to an active industrial enterprise. No residential garage shall be permitted;

B.

The following uses of land and buildings, which shall be permitted only in M-1 and M-2 districts:

1.

Assembly and storage of goods, materials, liquids and equipment, except storage of flammable or explosive matter or materials which create dust, odors or fumes. Permitted uses include:

a.

Wholesale and storage warehouses,

b.

Feed and fuel yards;

2.

Manufacturing, processing, fabricating, refining, repairing, packaging or treatment of goods, material or produce by electric power, oil or gas, except operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof. Permitted uses include:

a.

Dyeing and dry-cleaning plants,

b.

Rug cleaning plants,

c.

Laundries,

d.

Veterinary hospitals,

e.

Cabinet shops,

f.

Construction and material, except gravel, rock and cement material yards;

3.

The following when conducted within a building or enclosed within a solid wall or fence of a type approved by the planning commission, not less than six feet in height:

a.

Body and fender repair shops, auto painting shops,

b.

Cooperage and bottling works,

c.

Sheet metal shops, welding shops,

d.

Truck terminals,

e.

Retail lumber yards.

(Ord. 589 §9, 2001; Ord. 558 (part), 1996; Ord. 153 §13.02, 1959).

17.26.030 - Minimum height, bulk and space requirements.

In M-1 districts, the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, width, coverage and front yard, none;

B.

Side yards, none, except as required by the Building Code or other regulations;

C.

Rear yard, same as specified for C-2 districts;

D.

Automobile parking, to accommodate all customer and employee parking, parking requirement to meet Chapter 17.51;

E.

Loading area, private off-street space for the handling of all materials and equipment;

F.

Building height limit, same as specified for C-2 districts.

(Ord. 524 §14, 1992; Ord. 153 §13.02, 1959).

Chapter 17.28 - M-2 GENERAL INDUSTRIAL DISTRICT

17.28.010 - Generally.

The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this title shall apply in all M-2 districts.

(Ord. 153 §14.01, 1959).

In M-2 districts, permitted uses shall be as follows:

A.

Uses permitted in the M-1 zone are permitted, and upon securing a conditional use permit, an on-site residence may be permitted, provided the occupation of such residence will not exceed one third of the square footage of an active business establishment and occupied by the owner/proprietor or their agent. Such residence is to be a secondary use to an active industrial enterprise. No residential garage shall be permitted.

B.

The following specific uses which shall be permitted only in M-2 districts:

1.

Wholesale lumber yard, lumber mills,

Pottery kilns and ceramic works of heavy industrial types,

3.

Concrete batching plants,

4.

Blacksmith shop, casting foundries,

5.

The following when enclosed within a solid wall or fence not less than six feet in height, and of a type approved by the planning commission.

a.

Building material storage yard, contractor's storage yard,

b.

Junkyard, vehicle wrecking yard. A solid fence a minimum of eight feet in height will be required.

(Ord. 589 §10, 2001; Ord. 558 (part), 1996; Ord. 524 §15, 1992; Ord. 153 §14.02, 1959).

17.28.030 - Uses requiring use permits.

In M-2 districts, uses requiring use permits shall be as follows:

lawful uses not otherwise provided for in this chapter.

(Ord. 153 §14.03, 1959).

17.28.040 - Minimum height, bulk and space requirements.

In M-2 districts, permitted uses shall be as follows:

A.

Lot area, width, coverage and front yard, none;

B.

Side yard, none, except as required by the Building Code or other regulations;

C.

Rear yard, none;

D.

Automobile parking, same as M-1 districts;

E.

Loading area, private off-street space for the handling of all materials and equipment;

F.

Building height limit, same as specified for C-2 districts.

(Ord. 153 §§14.10-14.16, 1959).

Chapter 17.30 - M-L LIMITED MANUFACTURING DISTRICT

This district is designed to accommodate a limited group of business, professional, research and technical manufacturing uses which may have unusual requirements for space, light and air and the operations of which are clean and quiet. The following specific regulations and general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this title shall apply in all M-L districts.

(Ord. 153 §§15.01, 15.02, 1959).

17.30.020 - Permitted uses.

In M-L districts, permitted uses shall be as follows:

A.

Commercial and professional offices;

B.

The following and similar uses from which noise, smoke, dust, odors and other such offensive features are confined to the premises of each such use:

1.

Research institutes and laboratories,

2.

Small electronic and plastics products manufacturing,

3.

Electrical products and instrument manufacturing,

4.

Bookbinding, printing and lithography,

Cartography,

6.

Editorial and designing,

7.

Garment manufacturing, paper products manufacturing;

C.

Underground utility installations and aboveground utility installation for local service, except that substations, generating plants and gas holders must be approved by the planning commission prior to construction; and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition.

D.

Upon securing a conditional use permit, an on-site residence may be permitted, provided the occupation of such residence will not exceed one third of the square footage of an active business establishment and occupied by the owner/proprietor or their agent. Such residence is to be a secondary use to an active industrial enterprise. No residential garage shall be permitted.

(Ord. 589 §11, 2001; Ord. 153 §15.03, 1959).

17.30.030 - Minimum height, bulk and space requirements.

In M-L districts, the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, ten thousand square feet;

B.

Front yard, twenty feet;

C.

Side yard, twenty feet;

D.

Rear yard, twenty feet;

E.

Automobile parking, same as M-1 districts;

F.

Loading area, private off-street space for the handling of all materials and equipment;

G.

Building height limit, two stories, but not to exceed forty feet.

(Ord. 153 §§15.10-15.17, 1959).

Chapter 17.32 - MF INDUSTRIAL FRONTAGE DISTRICT

Within any MF industrial frontage district, no building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, or enlarged, unless otherwise provided in this chapter, except for the following uses:

A.

Business, administrative and professional offices;

B.

Research laboratories and institutions;

C.

Display buildings for products produced or processed on premises;

D.

Off-street parking, landscaping;

E.

Outdoor advertising and exterior advertising pertaining directly to the operation, goods, or services conducted or offered on the premises, and not to exceed in total more than one square foot for each front foot on site.

(Ord. 153 Art. 15-A(A), 1959).

17.32.020 - General requirements.

No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the following are provided and maintained in connection with such building, structure or enlargement:

A.

Minimum site area, five thousand square feet;

B.

Minimum width, fifty feet;

C.

Front yard, twenty-five feet;

D.

Side yards, ten feet on each side of site;

E.

Rear yards, none required;

F.

Off-street parking as required to accommodate all employee and visitor cars;

G.

Off-street loading as required to accommodate all loading and unloading operations on site, and clear of front yard;

H.

Landscaping, five-foot strip in front yard.

(Ord. 153 Art. l5A(C), 1959).

17.32.030 - Height.

No building or structure, nor the enlargement of any building or structure, shall be hereafter erected to exceed two stories or thirty-five feet, except appurtenances necessary to the operation of the industry when approved by the city planning commission.

(Ord. 153 Art. 15-A(B), 1959).

Chapter 17.33 - P-Q PUBLIC OR QUASI-PUBLIC USE DISTRICT

17.33.010 - Purpose.

The P-Q district regulations are included to achieve the following purposes:

A.

To accommodate the wide range of public, institutional and auxiliary uses which are established in response to the health, safety, welfare and cultural needs of the citizens of the city;

B.

To organize the assemblage of specific, nonprofit and profit public facilities into efficient, functionally compatible, and attractively planned administrative centers in conformance with the general plan;

C.

To establish site plan approval for uses thereby ensuring compatibility with adjacent more restrictive districts.

(Ord. 479 §1(part), 1988).

No building or improvement or portion thereof shall be erected, constructed, converted, altered or enlarged, nor shall any lot or premises be used in the P-Q district except for one or more of the uses listed in this chapter and subject to the terms and conditions of this chapter, and all other applicable provisions of this title.

(Ord. 479 §l(part), 1988).

17.33.020 - Permitted uses.

(Reserved)

17.33.030 - Uses permitted subject to use permit.

The following uses are permitted in the P-Q district subject to a use permit:

A.

Buildings and facilities owned, leased or operated by the city, the Corning Elementary School District, the Corning Union High School District, any other district, the county of Tehama, the state of California or the Government of the United States;

B.

Hospitals, medical clinics, and skilled nursing facilities;

C.

Historical sites;

D.

Military sites;

E.

Public parking facilities;

F.

Museums;

G.

Civil auditoriums and theaters.

(Ord. 479 §1(part), 1988).

Whenever a use is not listed in this chapter as a use permitted as of right or a use subject to a use permit in the P-Q district, the planning commission shall determine whether the use is appropriate for the zoning district, either as of right or subject to a use permit. In making its determination, the planning commission shall find as follows:

A.

That the use would not be incompatible with other existing or allowed uses in the district;

B.

That the use would not be detrimental to the continuing development of the area in which the use would be located; and

C.

That the use would be in harmony and consonant with the purposes of the zoning district.

(Ord. 479 §1(part), 1988).

All standards for development in the P-Q district shall be established and set forth as conditions of approval of the required use permit.

(Ord. 479 §1(part), 1988).

Appeal from the findings and decision of the planning commission may be made, in writing, to the city council within ten days from the date of the commission's action, and shall be accompanied by a fee which shall be established by resolution of the city council.

(Ord. 479 §1(part), 1988).

Chapter 17.34 - AV AIRPORT DISTRICT

This district classification is intended to be applied on properties used, or planned to be used, as airports, and where special regulations are necessary for the protection of life and property. The following specific

regulations and the general rules set forth in Section 17.04.060 and 17.04.070 and Chapter 17.50 of this title shall apply in all AV districts.

(Ord. 153 §l5B.0l, 1959).

In AV districts, permitted uses shall be as follows:

A.

Paved runways, taxiways, landing strips and aprons;

B.

Aircraft storage, service and repair hangars;

C.

Aircraft fueling facilities;

D.

Passenger and freight terminal facilities;

E.

Lighting, radio and radar facilities;

F.

Accessory structures and facilities including aircraft and aviation accessory sales.

(Ord. 153 §15-B.02, 1959).

17.34.030 - Uses requiring use permits.

In AV districts, the following uses require use permits:

A.

Industrial plants, operations and uses;

B.

Commercial and service structures and uses;

C.

A dwelling.

(Ord. 460 §1, 1987; Ord. 153 §15-B.03, 1959).

In AV districts, the maximum height limit shall be thirty-five feet.

(Ord. 153 §15-B.04, 1959).

Chapter 17.35 - PD PLANNED DEVELOPMENT DISTRICT

The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this title shall apply to all PD districts; except that where the conflict occurs, the regulations specified in this chapter shall apply.

(Ord. 482 §1(part), 1989; Ord. 153 §16.01, 1959).

Districts may be established on parcels of land which are suitable for, and of sufficient acreage to contain, a planned development for which development plans have been submitted and approved.

(Ord. 482 §1(part), 1989; Ord. 153 §16.02, 1959).

Application for the establishment of a PD district shall include an application for a use permit for all developments within the district, which use permit must be approved prior to establishment of the district. Such application for a use permit shall include the following:

A.

A map or maps showing:

1.

Topography of the land, contour intervals as required by the planning commission,

2.

Proposed street system and lot design,

3.

Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses,

4.

Areas proposed for commercial uses, off-street parking, multiple family and single-family dwellings, and all other uses proposed to be established within the district,

Proposed locations of buildings on the land;

B.

General elevations or perspective drawings of all proposed buildings and structures other than single-family residences;

C.

Other data and information which may be deemed necessary by the planning commission for proper consideration of the application.

(Ord. 482 §1(part), 1989; Ord. 153 §16.03, 1959).

In PD districts, permitted uses shall be as follows: all uses permitted in R, C and M districts, subject to the securing of a use permit as specified in Section 17.36.030 of this chapter.

(Ord. 482 §1(part), 1989; Ord. 153 §16.04, 1959).

17.35.050 - General requirements.

In PD districts, the following shall apply:

A.

Building Height Limit: As provided in approved use permit;

B.

Building Site Area Required: R uses, six thousand square feet;

C.

Front, Side and Rear Yards and Percentage of Site Coverage. Same as required for the particular uses in the districts in which they are otherwise permitted by this chapter;

D.

Off-street Parking Required.

1.

One automobile parking space for each dwelling unit in residential building;

2.

A minimum of one square foot of off-street parking space for each square foot of area to be occupied by commercial buildings.

(Ord. 482 §1(part), 1989; Ord. 153 §§16.05-16.08, 1959).

The regulations specified in this chapter may be varied when such variance will result in improved design of the development and will permit desirable arrangement of structures in relation to parking area, parks and parkways, pedestrian walks, and other such features.

(Ord. 482 §1(part), 1989; Ord. 153 §16.09, 1959).

Unless construction has started, or a building permit has been issued and is still valid, within one year of the establishment of a PD district, the planning commission shall initiate rezoning of the property to a district that is compatible with the area and the general plan. Prior to expiration of one year from the establishment of the PD district, written application may be made for an extension of time, not to exceed one year, and the planning commission may grant such request for both the project and the use permit. The provisions of this section shall apply to planned development district heretofore or hereafter established, but the planning commission shall not initiate rezoning until one year shall have elapsed from the effective date of the ordinance codified in this section.

(Ord. 482 §l(part), 1989; Ord. 367 §1, 1981).

Chapter 17.36 - OS-1 PRIMARY OPEN SPACE DISTRICT

The OS-1 primary open space district regulations are included to achieve the following purposes:

A.

To set aside and protect those areas whose primary purpose is to be open space, either natural or designed;

B.

To limit development in areas hazardous to human health;

C.

To provide sufficient space to meet the community's present and prospective needs for various aesthetic perceptions, recreation requirements and cultural activities;

D.

To meet the criteria set forth in the open space element of the general plan.

(Ord. 482 §2(part), 1989).

No building or improvement or portion thereof shall be erected, constructed, converted, altered or enlarged, nor shall any lot or premises be used in the OS-1 district except for one or more of the uses listed in this chapter and subject to the terms and conditions of this chapter and all other applicable provisions of this title.

(Ord. 482 §2(part), 1989).

The following uses are permitted as of right in the OS-1 district:

A.

Natural areas;

B.

Water dependent areas, including creek frontages, watershed areas, and floodplains;

C.

Land upon which development would be hazardous, due to topography or some other characteristic;

D.

Undeveloped parks, greenbelts, and landscaped areas.

(Ord. 482 §2(part), 1989).

The following uses are permitted in the OS-1 district subject to a use permit:

A.

Buffer areas;

B.

Public convenience facilities, including picnic areas, barbecues and restrooms;

C.

Recreation facilities, including playground equipment;

D.

Service structures, including maintenance buildings, accessory buildings, club houses, and control structures;

E.

Parking areas.

(Ord. 482 §2(part), 1989).

Whenever a use is not listed in this chapter as a use permitted as of right or a use subject to a use permit in the OS-1 district, the planning commission shall determine whether the use is appropriate for the zoning district, either as of right or subject to a use permit. In making its determination, the planning commission shall find as follows:

A.

That the use would not be incompatible with other existing or allowed uses in the district;

B.

That the use would not be detrimental to the continuing development of the area in which the use would be located; and

C.

That the use would be in harmony and consonant with the purposes of the zoning district.

(Ord. 482 §2(part), 1989).

17.36.050 - Minimum height, bulk and space requirements.

In OS-1 districts, the minimum height, bulk and space requirements shall be as follows:

A.

The minimum lot size shall be one acre. Less area may be allowed if the planning commission finds that a smaller property is suitable by virtue of its unique character or purpose.

B.

The maximum impervious coverage by buildings, roads and parking area shall be five percent. Additional percentage may be allowed if approved by the planning commission.

C.

The maximum height for any building or structure shall be twenty-five feet. Additional height may be allowed if approved by the planning commission.

(Ord. 482 §2(part), 1989).

Appeal from the findings and decision of the planning commission may be made, in writing, to the city council within ten days from the date of the commission's action and shall be accompanied by a fee which

shall be established by resolution of the city council.

(Ord. 482 §2(part), 1989).

Chapter 17.37 - OS-2 SECONDARY OPEN SPACE DISTRICT

The OS-2 secondary open space zoning district regulations are included to achieve the following purposes:

A.

To set aside and protect those areas where open space is generated as a by-product of another use;

B.

To encourage the development of associated open space;

C.

To meet the criteria set forth in the open space element of the general plan.

(Ord. 482 §3(part), 1989).

No building or improvement or portion thereof shall be erected, constructed, converted, altered or enlarged, nor shall any lot or premises be used in the OS-2 district except for one or more of the uses listed in this chapter and subject to the terms and conditions of this chapter, and all other applicable provisions of this title.

(Ord. 482 §3(part), 1989).

17.37.020 - Permitted uses.

The following uses are permitted as of right in the OS-2 district:

A.

Plant experimental stations;

B.

Farms;

C.

Scenic highways, including landscaped streets and highways;

D.

Rest areas;

E.

Flood control channels;

F.

Rights-of-way, including transmission lines and canals;

G.

Parks, green belts, landscaped areas, and golf courses, excepting buildings or structures thereon.

(Ord. 482 §3(part), 1989).

17.37.030 - Uses permitted subject to use permit.

The following uses are permitted in the OS-2 district subject to a use permit:

A.

Schools;

B.

Cemeteries and mausoleums;

C.

Stadiums;

D.

Commonly owned open space not in conjunction with a planned unit development;

E.

Riding stables, provided the parcel is not less than four acres and the total number of horses shall not exceed two per acre.

(Ord. 482 §3(part), 1989).

17.37.040 - Determination of appropriate use by planning commission.

Whenever a use is not listed in this chapter as a use permitted as of right of a use subject to a use permit in the OS-2 district, the planning commission shall determine whether the use is appropriate for the zoning district, either as of right or subject to a use permit. In making its determination, the planning commission shall find as follows:

A.

That the use would not be incompatible with other existing or allowed uses in the district;

B.

That the use would not be detrimental to the continuing development of the area in which the use would be located; and

C.

That the use would be in harmony and consonant with the purposes of the zoning district.

(Ord. 482 §3(part), 1989).

17.37.050 - Minimum height, bulk and space requirements.

In the OS-2 districts, the minimum height, bulk and space requirements shall be as follows:

A.

The minimum lot size shall be one acre. Less area may be allowed if the planning commission finds that a smaller property is suitable by virtue of the unique character or purpose.

B.

The maximum impervious coverage by buildings, roads and parking area shall be twenty-five percent. Additional percentage may be allowed if approved by the planning commission.

C.

The maximum height for any building or structure shall be forty feet. Additional height may be allowed if approved by the planning commission.

D.

The minimum required front yard setback shall be twenty feet.

E.

The minimum required side and rear yard setback shall be twenty feet.

(Ord. 482 §3(part), 1989).

Appeal from the findings and decision of the planning commission may be made, in writing, to the city council within ten days from the date of the commission's action, and shall be accompanied by a fee which shall be established by resolution of the city council.

(Ord. 482 §3(part), 1989).

Chapter 17.38 - A AGRICULTURAL COMBINING DISTRICT[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.38, §§ 17.38.010—17.38.040, and enacted a new Ch. 17.38 as set out herein. The former Ch. 17.38 pertained to similar subject matter and derived from Ord. 153, §§ 17.01, 17.03, 17.04, 1959.

The following regulations shall apply in all districts with which are combined A districts in addition to the regulations specified in this title, and shall be subject to the provisions of sections 17.04.060 and 17.04.070 and chapter 17.50 of this title; provided, however, that if any of the regulations specified in this chapter differ from any corresponding regulations specified in this title for any district with which an A district is combined, then in such case the provision of this chapter shall apply.

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

17.38.020 - Permitted uses.

In A districts, permitted uses shall be as follows:

A.

All uses permitted in the respective district with which the A district is combined;

B.

Animal husbandry and livestock farming; provided, that not more than one horse, one mule, one cow, one steer, or five sheep shall be kept for each half acre of land;

C.

Small livestock farming; provided, that a use permit shall be required for the raising of more than one hundred head of either poultry or animals;

D.

Sale of agricultural products produced on the premises; provided, that no commercial structure for such purpose, other than a temporary stand, shall be permitted

E.

Employee/farmworker housing, small, subject to the provisions of chapter 17.61; and

F.

Employee/farmworker housing, large, subject to the provisions of chapter 17.61.

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

In A districts, uses requiring use permits are as follows:

A.

Dog and cat kennel;

B.

Dairy, poultry and rabbit slaughter and processing;

C.

Veterinary hospital.

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

17.38.040 - Accessory buildings.

Barns, stables, chicken houses, and similar accessory buildings shall be not less than fifty feet from the front property line; not less than twenty feet from any side property line; not less than thirty feet from any dwelling.

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

Chapter 17.39 - A-2 AGRICULTURAL DISTRICTS (EXCLUSIVE)[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.39, §§ 17.39.010—17.39.040, and enacted a new Ch. 17.39 as set out herein. The former Ch. 17.39 pertained to similar subject matter and derived from Ord. 350 §l(part), 1979; Ord. 424, § 1, 1984.

A.

This district classification is intended to be applied in the fertile areas of the city in which intensive agriculture is and shall continue to be the predominant land use, and in which the protection of this use is essential to the general welfare.

B.

The following specific regulations and the general regulations set forth in chapter 17.50 shall apply in all A-2 districts.

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

17.39.020 - Uses permitted.

In A-2 districts, permitted uses shall be as follows:

A.

Semi-heavy agriculture, and all accessory uses including housing for employees and farm labor, but in no case shall new residential subdivisions be permitted;

B.

Locations of underground utility installations, and of aboveground utility installations for local service; except that locations for substations, generating plants and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line must be discussed in detail with the planning commission prior to acquisition.

C.

Employee/farmworker housing, small, subject to the provisions of chapter 17.61; and

D.

Employee/farmworker housing, large, subject to the provisions of chapter 17.61.

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

17.39.030 - Uses requiring use permits.

In A-2 districts, uses allowed, but requiring use permits, are as follows:

A.

Heavy agriculture;

B.

Churches, schools, public and quasi-public buildings and uses;

C.

Residential uses in connection with a church, school or public utility;

D.

Country clubs and golf courses;

E.

Signs identifying the permitted use or uses on the site;

F.

Mobile homes, provided the mobile home meets the requirements of section 17.10.020E of the Corning Municipal Code.

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

17.39.040 - Requirements.

In A-2 districts, the following shall apply:

A.

Minimum lot area, eighty thousand square feet;

B.

Maximum main building coverage, five percent of lot;

C.

Minimum front yard, twenty-five feet;

D.

Minimum rear yards, twenty-five feet;

E.

Minimum side yards, ten feet;

F.

Minimum vehicle parking, one space for each dwelling unit, and spaces for all vehicle parking, loading and unloading on the lot and clear of public streets and roads for other uses;

G.

Maximum building height, two and one-half stories, but not to exceed thirty-five feet for residential buildings.

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

Chapter 17.40 - B SPECIAL BUILDING SITE COMBINING DISTRICT[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.40, §§ 17.40.010, 17.40.020, and enacted a new Ch. 17.40 as set out herein. The former Ch. 17.40 pertained to similar subject matter and derived from Ord. 153 §§ 18.01, 18.02, 1959.

In any district with which is combined a B district, the regulations set forth in this chapter shall apply as to building site areas, depths of front yards and widths of side yards; provided, however, that such application

shall not be made in any case in which any of the following regulations are less than the corresponding regulations specified in this title for any district with which is combined a B district.

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

A.

The building site area required shall be indicated by a number following the "B" in the district designation, which number shall represent the required area in thousands of square feet.

B.

The amount of side yards required shall be ten percent of lot width on each side to a maximum requirement of sixteen feet, but in no case less than eight feet for interior side yards or ten feet for side yards adjacent to streets on corner lots.

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

Chapter 17.41 - LLR-LARGE LOT RESIDENTIAL COMBINING DISTRICT

This district classification is intended to be applied in lands classified as large lot residential in the general plan. The following regulations shall apply in all districts with which are combined LLR districts in addition to the regulations specified in this title, and shall be subject to the provisions of Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this title; provided, however, that if any of the regulations specified in this chapter differ from any corresponding regulations specified in this title for any district with which the LLR district is combined, then in such case the provisions of this chapter shall apply.

(Ord. No. 662, § A, 2-23-2016)

The LLR combining district has been established to provide living environments receiving minimal urban services and located in areas characterized and containing agricultural characteristics, and located within or in close proximity to lands categorized as floodplain and flood hazard areas.

(Ord. No. 662, § A, 2-23-2016)

A.

All uses permitted in the respective district with which the LLR district is combined.

B.

Animal husbandry and the keeping of livestock and other animals not considered domestic pets such as dogs and cats, at a rate of one animal per half acre of land contained within the parcel.

(Ord. No. 662, § A, 2-23-2016)

In an LLR combining district the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, two acres;

B.

Lot width, one hundred feet;

C.

Maximum building coverage, forty-five percent of lot area. Minimum width of any residential structures, twenty feet;

D.

Front yard, twenty feet;

E.

Side yard shall be not less than twenty feet for each side yard;

F.

Rear yard shall not be less than thirty feet;

G.

Building height limit, two and one-half stories, but not to exceed thirty-five feet.

(Ord. No. 662, § A, 2-23-2016)

Chapter 17.42 - F SPECIAL HIGHWAY FRONTAGE COMBINING DISTRICT

In any district with which is combined any F district, the regulations of this chapter, shall apply in addition to those specified in this title for such district; provided, that if conflict in regulations occurs, the regulations of this chapter shall govern.

(Ord. 153 §19.01, 1959).

17.42.020 - Special regulations.

A.

A front yard of not less than twenty feet shall be required for all uses, unless a greater front yard distance is required in this district with which the F district is combined.

B.

Screen planting or fencing of permitted commercial uses of open land shall be required as a condition to the granting of a use permit in each particular case.

(Ord. 623 §a.4, 2005; Ord. 153 §19.02, 1959).

Chapter 17.44 - H SPECIAL HEIGHT COMBINING DISTRICT

In any district with which is combined an H district, the following special height regulations shall apply in lieu of the height regulations otherwise provided for:

A.

The special maximum height regulations shall be indicated by the symbol "H" followed by a numerical figure, which figure shall represent the maximum permitted height in feet measured from the average elevation of the ground area to be covered by a particular building or structure.

B.

In cases where the H district is created to provide protection against airport hazard in an airport hazard area, the following shall apply:

1.

The symbol "AV" shall be added to the district symbol.

2.

The special limit shall apply to all buildings and structures, and to all trees and other objects of natural growth.

3.

The special limit shall be measured from datum elevation which shall be established elevation of the end of the airport runway closest to the particular airport hazard area district.

(Ord. 153 Art. 19-A, 1959).

Chapter 17.45 - FP FLOODPLAIN COMBINING DISTRICT

A.

The Federal Emergency Management Agency (FEMA) requires that flood-hazard regulations be adopted by all agencies participating in the National Flood Insurance Program, which was established by Congress for the purpose of minimizing flood losses by providing federally subsidized flood insurance for existing structures and reduced premiums for new structures. To participate in the program, the city must adopt and enforce floodplain-management measures to reduce the risk of flood losses. It is the purpose of the FP combining district to implement this federal mandate, to carry out the city's general plan policies regarding development in floodplain areas, and to provide land-use regulations in areas with properties situated within the designated floodplains of rivers, creeks, streams, and watercourses in order to:

1.

Protect public health, safety, and welfare;

2.

Minimize public and private losses as a product of floods or construction in flood-hazard areas;

3.

Require that uses vulnerable to floods be protected against flood damage by incorporating floodproof construction standards in their design or be developed outside flood-prone areas at the time of their initial construction;

4.

Protect riparian corridors along waterways by reducing alterations to the natural floodplain and stream channels which help accommodate floodwaters by encouraging sensitive development adjacent to and within floodplains;

5.

Prohibit filling, grading, dredging, or development which may individually or cumulatively cause flood damage or danger to life or property;

6.

Prevent stream erosion which may adversely affect the fisheries of streams and the river or cause loss of property;

7.

Prevent the construction of flood barriers which may unnaturally direct floodwaters or raise flood levels thereby increasing flood hazards in other areas;

8.

Protect areas of pleasing appearance to the community and visitors; enhance the natural environment through the provision of open space; break up the monotony of continuous urban development; and increase community pride;

Make every effort to reserve and improve public access to and along the creeks for riding, hiking, fishing, and nature observation;

10.

Encourage development to occur outside of flood-prone areas;

11.

Reduce public liability and the need for expensive public works projects in flood-prone areas;

12.

Preserve wildlife and wildlife habitat along the Sacramento River and area creeks from erosion, loss of vegetation, degradation of water quality, and a loss of thermal cooling;

13.

Ensure that adequate capacity for future urban runoff is reserved;

14.

Ensure that, as a product of any encroachment into the floodplain, flood levels are not significantly raised on other properties resulting in a need for further encroachment to protect the property;

15.

Ensure that stream velocities are not significantly increased which could cause erosion above, below, or across from an area of encroachment or realignment;

16.

Ensure that proposals to encroach into floodplains fully address the following issues:

a.

Size of a stream, major or minor,

b.

Existing and future volume of water,

c.

Existing and future changes in the velocity of water,

d.

Impact on adjoining properties,

e.

Potential for increased erosion upstream or downstream,

f.

Potential for riprap and type of riprap,

g.

Riparian habitat,

h.

Fisheries and wildlife,

i.

Urban trails and fishing access,

j.

Water temperature,

k.

Aesthetics,

l.

General plan consistency,

m.

Liability, both public and private,

n.

Depth of floodplain and fill needed,

o.

Amount of existing usable area on parcel and additional area to be created,

p.

Maintenance responsibility and costs,

q.

Short-term gains versus long-term costs,

r.

Future increases in runoff;

17.

Protect individuals from buying land by identifying such land which is unsuited for intended purposes because of flood hazards.

(Ord. 547 §4(part), 1994).

17.45.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them:

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

"Area of shallow flooding" means a designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM). The base-flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Area of Special Flood Hazard. See "special flood hazard area."

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year. Same as the one-hundred-year floodplain.

"Base floodplain" means the area covered by a base flood which is generally defined by FEMA as zone A, AO, A1-30, and AE on the Flood Insurance Rate Map.

"Contiguous to" means property bordering the base floodplain which would have a finished lot level of less than one foot above the base-flood elevation and unless otherwise protected.

"Design flood" means the flood against which protection is to be provided by means of land-use regulation, flood protection, or flood-control works. The design flood shall be the base-flood-recurrence interval (See "base flood" definition).

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, or drilling operations.

"Equal conveyance" means an equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel.

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood water, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion of undermining caused by waves or currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood, or an

abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood fringe" means the area between the one-hundred-year flood boundary and the floodway shown on the Flood Boundary and Floodway Map incorporated in the Flood Insurance Study.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the "floodplain" and "risk-premium" zones applicable to the city.

"Flood Insurance Study" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water-surface elevation of the base flood.

"Floodplain" includes the floodway, flood fringe, and means the same as "base floodplain" and the "area of special flood hazard." "Floodplain" or "floodplain area" means any land area susceptible to being inundated by water from any source. (See definition of "flooding.") The elevations and boundaries of flooding within the floodplain are defined by zones A, AO, A1-30, and AE of the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (FEMA).

For creeks where FEMA has not established floodplain elevations with a detailed study, the elevations shall be determined by a registered civil engineer and approved by the planning commission pursuant to Section 18.47.110.

"Floodplain area" means an area having flood, mud slide (i.e., mud flow and/or flood-related erosion hazards, as shown on a Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map.

"Floodplain district (FP)" is a zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain.

"Floodplain management" means the operation of an overall program of zoning corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, floodcontrol works, and floodplain-management regulations.

"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state of local regulations in any combination thereof, which provide standards for the purpose of flood-damage prevention and reduction.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, or improved real property, water, and sanitary facilities, and structures and their contents.

"Flood protection" means an action taken to protect property and structures from inundation by the base flood or greater event.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a river, creek, or other body of water as a result of erosion of undermining caused by currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.

"Floodway" includes the channel and adjacent area of a waterway that must be kept free of encroachment or alteration in order that a base-flood event may be carried without substantial increases in flood heights or flood velocities. The width and location of the floodway are determined by cross sections presented in the Flood Insurance Study prepared by the Federal Emergency Management Agency dated January 3, 1985, on file in the city planning department, as may be amended from time to time.

"Freeboard" means a factor of safety expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

"Hydraulic Engineering Center Model 1 (HEC-1)." The model is designed to stimulate the surface runoff response of a stream basin to precipitation by representing the basin as an interconnected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation-runoff process within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface-runoff entity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular characteristics of the component and mathematical relations which describe the physical processes. The result of the modeling process is the computation of stream flow by hydrographs at desired locations in the stream basin.

The model can be used in making flood predictions from rainfall run-off for any state of upstream urbanization.

In so doing, the model considers time of concentration and detention characteristics of the tributary area. The model can also be used to estimate the velocity of surface water but cannot be used to determine backwater-curve elevations. A hydraulic computer program (HEC-2) is generally used in conjunction with HEC-1 to obtain backwater curves or surface-water profiles.

The model can be used to develop discharge-frequency curve and associated levels of confidence through sensitivity analysis of rainfall and run-off parameter input.

"Hydraulic Engineer Center Model 2 (HEC-2). This model is intended for calculating water-surface profiles for steady, gradually varied flow in natural or man-made channels. Both subcritical and supercritical flow profiles can be calculated. The effects of various obstructions such as bridges, culverts, weirs, and

structures in the floodplain may be considered in the computations. The computational procedure is based on the solution of the one-dimensional energy equation with energy loss due to friction evaluated with Manning's equation. The computational procedure is generally known as the standard step method. The program is also designed for application in floodplain management and flood-insurance studies to evaluate floodway encroachments and the designate flood-hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water-surface profiles.

"Hydraulic Engineering Center Water Resources Council Model CPD-13." This model is used in calculating the flood-frequency curve from data over a period of time from stream-gauge history of sufficient length (at least ten years). The model is capable of developing confidence limits associated with the frequency curve.

"Lowest floor" means the lowest flood of the lowest enclosed area, including a basement and garage.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain-management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, the term does not include park trailers, travel trailers, and other similar vehicles.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Scenic or riparian corridor" includes areas that border segments of seasonal creeks which contain vegetation natural to waterways.

"Special Flood Hazard Area (SFHA)" means an area having special flood or flood-related erosion hazards and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, or V.

"Standard protection flood" is the largest flood that can be expected from the most severe combination of meteorological and hydrological conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood-control works, in delineating floodplain limits, and shall be generally applicable where its occurrence would have a high probability of hazard to human life.

"Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; not does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement or

repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

A.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

B.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Velocity of water" is the rate of flow measured in feet per second at specified depths within the floodway, flood fringe, or area immediately adjacent to a proposed floodplain encroachment.

"Violation" means the failure of a structure or other development to be fully compliant with the city's floodplain-management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. 547 §4(part), 1994).

The regulations of this chapter provide seven levels of protection within and along waterways of the FP combining district by (1) generally prohibiting development within the floodway; (2) allowing only limited use and development in the floodway fringe; (3) regulating uses and development in properties contiguous to the flood fringe and outside of the floodplain, which do not meet the minimum protection standards; (4) reviewing proposed development located in designated scenic corridors; (5) reviewing all development permits to determine that the permit requirements of this chapter have been satisfied; (6) reviewing all permits to determine that the site is reasonably safe from flooding; and (7) reviewing all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard.

Accordingly, the regulatory scope of this chapter is as follows:

A.

These regulations and standards shall be applied uniformly to all lots which, after considering evidence from flood experience and engineering studies, are deemed subject to inundation by a one-hundred-year

flood, are within the FP district of the city limits and are recommended for all lots meeting the same criteria within the city's sphere of influence.

B.

These regulations and standards shall apply to land outside of the floodplain but within the FP district if the planning commission determines that the proposed development or use of the property bears relationship to the floodplain, has an unprotected finished floor level of less than two feet above the one-hundred-year flood elevation, may adversely affect a designated scenic corridor, or where a potential of bank undermining exists.

C.

Ensure that floodplain development does not unnecessarily adversely affect a scenic corridor, or riparian habitat.

(Ord. 547 §4(part), 1994).

17.45.040 - General provisions.

A.

Except as provided for in this chapter, all development and uses in the base floodplain, including grading and fill, are prohibited without approval, as specified in this chapter.

B.

Any development within the floodplain shall comply with the standards of Section 60.3(a, b, c, and d) and Section 60.6(a) of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59), incorporated in this chapter by reference; the development standards of this chapter; and any conditions of approval applied to the development.

C.

Where there appears to be a conflict between a mapped boundary and actual field conditions and the conflict cannot be attributed to fill materials being deposited to alter the elevations, the planning commission may make interpretations, where needed, as to the exact location of the boundary of the floodway and flood fringe consistent with the purpose of this chapter. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be reviewed consistent with the variance and exception procedures to Title 44, Section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59, etc.). All costs for information necessary to make an interpretation shall be borne by the property owner and shall follow the procedures listed in Section 18.47.100.

D.

Backwater areas along streams, which rise or fall with the level of water in the adjacent stream are considered to be within the base floodplain of the adjacent creek or stream unless proven by a registered

hydrologist/engineer that these water levels are not the same level as the base flood of the adjacent stream and may have a base floodplain of their own.

E.

Encroachment into floodplains shall not cause the water velocity of the base flood to exceed two feet per second, as measured at the closest point to the proposed encroachment or any existing structures where the depth is two feet; nor shall water velocities be made sufficient to carry obstructions into the floodway; nor shall the base-flood elevation, as a product of encroachment, be raised by more than three inches from encroachment on one side only or more than six inches taking into consideration encroachment on both sides.

F.

All floodplain elevations shall include run-off from future upstream urbanization and shall assume equal encroachment on both sides of a stream.

G.

When base-flood elevation data has not been provided by federal, state, or local agencies, the owner shall be responsible for obtaining the information in accordance with Section 18.47.110.

H.

Certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the structure's lowest horizontal member, is required at the time when the footings are set and slab poured. Failure to submit elevation certification shall be cause to issue a stop-work order for a project. As-built plans certifying the elevation of the lowest adjacent grade are required to be submitted to the building official.

I.

The building official and city engineer will review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972.

(Ord. 547 §4(part), 1994).

17.45.050 - Uses prohibited in a flood fringe area.

The following uses in a flood fringe area are prohibited unless the area is raised to a height of one foot above the estimated base-flood elevation based upon an approved application for encroachment:

A.

The storage of processing of materials that, in time of flooding, are buoyant or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect the capacity of the floodway or unduly increase flood heights.

B.

Mobile homes, manufactured homes. This prohibition also applies to trailers, campers, and similar vehicles when placed on a site for greater than one hundred eighty consecutive days.

C.

Underground storage of toxic or flammable substances that would be injurious to human, animal, or plant life.

(Ord. 547 §4(part), 1994).

17.45.060 - Permitted uses within the flood fringe.

The following uses in the FP district are allowed within the flood fringe, provided they are allowed in the district combined with the FP district, meet FEMA development standards, and do not extend into the floodway:

A.

Actions approved by the Department of Fish and Game to enhance riparian or wildlife habitat.

B.

Emergency actions approved by the city manager taken to protect existing property or facilities not including concrete or asphalt riprap or narrowing the existing channel.

C.

Removal of water-deposited debris that could result in channel alteration subject to obtaining a grading permit and any permits from the Department of Fish and Game.

D.

Maintenance and repair to existing structures and yards and normal maintenance of existing channels, ditches, or levees.

E.

Bridges with a design capacity to pass a one-hundred-year flood without impedance of base-flood waters, taking into consideration full urbanization of the tributary area.

(Ord. 547 §4(part), 1994).

17.45.070 - Permitted uses within the FP district, outside the floodway and the flood fringe.

The following uses are permitted without a use permit in the FP district for the area outside of the flood fringe:

Any permitted use in the district combined with the FP district, provided there is not any encroachment into the floodplain. The minimum setback from creeks shall be fifteen feet. The finished floor elevation of any habitable structure shall be one foot above the base floodplain elevation, as identified by FEMA, and the

structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot.

(Ord. 547 §4(part), 1994).

The following uses may be permitted by use permit in the FP district for the area outside of the floodway, provided such uses meet the standards of Section 18.47.090:

A.

Flood-control project;

B.

Gravel and sand-extraction operations when a riparian and fishery reclamation plan has been approved by the planning commission and necessary permits have been obtained from the State Department of Fish and Game and the Army Corps of Engineers, provided such operations will not broaden the floodplain nor direct flood flows out of the natural floodplain;

C.

Public parks, picnic areas, playgrounds, boat launch, equestrian, pedestrian and bicycle trails, and golf courses which involve only the open use of land without permanent structures and which do not impede flood flows;

D.

Water-related recreational uses not exceeding thirty consecutive days in any one year, excluding recreational uses that create noise levels exceeding a fifteen-minute leq of sixty dbA adjacent to the nearest residential property boundary, which would create permanent improvements or would result in destruction of banks;

E.

Underground utilities including sewer, water, electric, telephone, and cable lines properly floodproofed. Overhead electric lines greater than twelve kV;

F.

Agriculture and hobby farming including field crops, orchards, vineyards, and grazing;

G.

New residential, agricultural, and commercial structures permitted by the underlying district regulations involved, provided floodproofing and/or flood-protective measures have been installed in a manner meeting with the approval of the city's engineer, chief building official, and fire marshal.

H.

Hydroelectric projects pursuant to the preparation of an environmental-impact report;

I.

Unless otherwise noted, any use allowed by the district with which the FP district is combined may be permitted subject to obtaining a use permit, provided the following are in evidence:

1.

The use meets the provisions of this chapter,

2.

The use is consistent with the Corning general plan,

3.

The use is consistent with the zoning of the parcel,

4.

Adequate floodproofing and/or flood-protection measures have been installed meeting with the approval of the city's engineer, chief building official, and fire marshal, and planning commission.

(Ord. 547 §4(part), 1994).

Any structures or construction activities within the flood fringe or floodway shall be subject to the following:

A.

Construction, General. No construction or grading is to limit the capacity of the floodway or increase the elevation of the base-flood surface by more than one-half foot, assuming equal encroachment on both sides or more than three inches from encroachment on one side only. All structures are to be located outside the floodway.

B.

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

C.

Construction Materials and Methods.

1.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2.

All new construction and substantial improvements shall use methods and practices that minimize flood damage.

3.

All nonstructural elements that function as a part of the structure, such as furnace, hot-water heater, air conditioner, etc., shall be elevated to one foot above the base-flood elevation or depth number specified on the Flood Insurance Rate Map (FIRM).

D.

Elevation and Floodproofing.

1.

New construction and substantial improvement of any structure shall have the bottom of the lowest floor beam or basement floor elevated six inches above the base-flood elevation and the finished floor elevation shall be one foot above the base-flood elevation. Upon completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land surveyor. The certification shall then be submitted to the building official, who shall then verify that certification requirements have been met.

2.

If there is not a depth number on the Flood Insurance Rate Map (FIRM) for the base-flood elevation, then the bottom of the lowest floor beam or basement floor shall be elevated six inches above the calculated base-flood elevation. Nonhabitable structures will meet standards in subsection (D)(3) of this section. Upon completion of the structure, evidence of compliance to the elevation requirement shall be submitted to the building official, which shall be certified by a registered professional engineer or licensed land surveyor.

3.

Nonresidential construction shall either be elevated in conformance with subsection (D)(1) or (D)(2) of this section or together with attendant utility and sanitary facilities, be floodproofed to the base-flood elevation, including the following standards:

a.

Be floodproofed so that below the base-flood level the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the city's building department.

E.

Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

1.

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to the flooding shall be provided, or the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or

2.

Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration.

F.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into floodwaters.

2.

On-site waste-disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

G.

Standards for Levees. Design criteria for levees shall incorporate adequate design and operation and maintenance systems to provide protection from the base flood. The following requirements must be met:

Freeboard. Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within one hundred feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional onehalf foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required.

(Ord. 547 §4(part), 1994).

Existing parcels which at the time of the effective date of this chapter, fall wholly within a floodplain, or which have a residual area outside of the floodplain which by itself, does not meet the minimum lot size for the zoning district in which it is located or is less than five thousand square feet, whichever is less, may seek relief as follows:

A.

Petition to encroach into the flood fringe pursuant to Section 18.47.110;

B.

Seek a use permit to reduce any required setback by fifty percent, provided the floodplain area is placed in an open-space easement or dedicated to the city;

C.

Offer to dedicate the flood-fringe area to the city council in exchange for a dwelling-unit credit at a ratio of one unit per ten acres dedicated. Floodplain areas claimed by the state of California are not eligible for a dwelling-unit credit. If the city council approves the exchange, the dwelling-unit credit could then be added to the density of any subdivided residential property of five acres or more in the city, subject to the following:

1.

Any dwelling-unit credit must be used within five years of the date approved by the city council.

2.

The density of the recipient property is not increased by more than twenty percent above what the Corning general plan otherwise would allow.

3.

The dwelling-unit credit would not change the intended use shown by the general plan. For example, single family would not be multiple family.

4.

The development of the recipient property meets all other standards of the city pertaining to the property.

5.

The dwelling-unit credit is not in addition to any other bonus-density provisions sought for the property.

6.

Any dwelling-unit credit shall be in the form of a recorded agreement.

D.

The fringe area shall be calculated as follows:

The base-floodplain elevation and the edge of floodway shall be plotted on a one to four foot interval contour map of the property. The area then bonded by the edge of the floodway, edge of the base floodplain and property lines shall then be planimetered to calculate the flood fringe. That number shall then be divided by ten and reduced to the nearest whole number. In the event the flood-fringe area is less than ten acres, one dwelling unit credit can be given.

E.

Areas that are surrounded by floodway are not considered eligible for density credit.

(Ord. 547 §4(part), 1994).

A.

Property owners requesting permission to encroach into the flood fringe shall submit to the planning commission a hydraulic assessment of the base-flood event prepared by a hydrologist who is a registered civil engineer. The cost of evaluating the analysis by the city or its consultant will be the responsibility of the applicant. The assessment shall meet the requirements for surveying, hydraulic analysis, and flood-flow frequency analysis, as outlined in the Guidelines for Contractors prepared by FEMA, dated September 1982 or as subsequently amended. The city shall specify the hydraulic method and model to be used. Acceptable models for water-surface profiles include the latest version of the HEC-2. The city shall also require that calculations include the runoff from projected upstream urbanization of the tributary area, which may be obtained from the HEC-1 hydrograph model.

B.

The assessment shall include a flood-flow frequency analysis obtained from HECWRC Program Model (CPD 13) and, when there is insufficient gauged-flood history, then frequency analysis and associated levels of confidence shall be developed through sensitivity analysis of rainfall and runoff parameters impacts using HEC-1. The results of the base-flood event and resulting surface-water analysis shall be compared with a frequency chart using a ninety-percent confidence limit and curves of standard deviations from the mean versus the frequency exceedance range showing bands of confidence ranging from .05-.95.

C.

The assessment shall also include calculations and cross sections with a minimum interval of one hundred feet or less based on one-foot contour intervals and shall be submitted in a format for review by the city, relative to FEMA Flood Insurance Study Guidelines. Additional information may also be required by the city as necessary to make a final determination.

(Ord. 547 §4(part), 1994).

All requests for encroachments into a floodplain shall assume equal encroachment on both sides of a stream, unless it can clearly be determined that the opposite bank above the base-floodplain elevation which would be affected is unusable and not subject to erosion, undercutting from increased water velocity or raised flood levels, or has been placed in a permanent open-space status to the extent that there would be no impact from an increase in the level of the base flood.

(Ord. 547 §4(part), 1994).

Any application for encroachment into a flood-fringe area shall have an environmental assessment. Any encroachment which exceeds twenty thousand square feet in area, or significantly raises the projected flood levels on adjacent property, or has the potential to increase erosion, or diverts the natural flow of water, shall be subject to an environmental-impact report. The environmental-impact report shall evaluate the area needed to make a determination, taking into consideration the cumulative and long-term impact of the proposed encroachment, the relationship of the project to the purpose of this chapter, and alternatives to the proposed project.

(Ord. 547 §4(part), 1994).

The city will notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, and assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

(Ord. 547 §4(part), 1994).

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. It is more probable that larger floods can and will occur, that the base flood may occur more often than the one percent frequency, and that flash floods may cause equal or greater damage. Flood heights inside the city limits may also be increased by man-made or natural causes in unincorporated areas. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 547 §4(part), 1994).

If any nonconforming use or structure within the floodway is destroyed by any means, including floods, to an extent of fifty percent or more of its value, it shall not be reconstructed. Within the flood fringe, a structure may be reconstructed pursuant to Chapter 18.58 of this code, and provided that, upon

reconstruction, the structure is adequately and safely floodproofed, elevated, or otherwise protected in conformity with the requirements of FEMA.

(Ord. 547 §4(part), 1994).

No building permit, license, certificate, or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement has been approved, as provided in this chapter, and the one-hundred-year flood elevation has been determined. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to use permit by this chapter, unless and until a representative of the planning department has certified that the improvement has been completed in accordance with the use permit approved pursuant to this chapter.

(Ord. 547 §4(part), 1994).

A.

Any improvement constructed, located, repaired, altered, or maintained contrary to provisions hereof, after the effective date of this chapter, is declared to be unlawful and a public nuisance. If any permit is issued based on plans or other submittals by the applicant or his/her representative which are contrary to the chapter or planning commission approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with the approved design.

B.

Any grading or filling within the floodplain contrary to the provisions of this chapter is declared unlawful and a public nuisance.

C.

When the director of public works has been made aware of the unlawful deposit of fill or grading within the floodplain, he shall advise the property owner by registered mail that such material shall be removed within thirty working days and that a riparian reclamation plan be submitted for approval by the planning commission within the same period of time. Thereafter, the property owner will have nine months to implement the approved plan. The city-approved reclamation land shall be recorded and shall remain in the title report until the city is satisfied that substantial compliance has been achieved. Within thirty days of planning commission approval, the property owner shall deposit improvement security based on the value of reclamation improvements to ensure that the plan is implemented. Until such time as the property is restored to its natural conditions, no building, grading, or use permit shall be issued for improvement of the property.

(Ord. 547 §4(part), 1994).

A.

Unless encroachment into the flood fringe has been approved by the planning commission or the city council, as the case may be, no subdivision shall be approved which creates lots that extend into any flood fringe or floodway area and no lots shall use areas subject to flooding by a base flood in order to meet minimum area requirements. The surface area of all lots in a subdivision that are not subject to flooding by a base flood shall be a minimum of one foot above the estimated base-flood elevation; and all finished floor elevations, including basements, shall be at least one foot above the estimated base-flood elevation. Both the tentative and final map for a subdivision shall show the boundary of the base flood. The boundary shall be certified by the engineer preparing the map. All final maps shall also have a warning note on the map similar to Section 18.47.140.

B.

All final subdivision plans will provide the elevation of proposed structures, pads, and adjacent grade. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the director of public works and shown on the map.

C.

All subdivision proposals shall be consistent with the need to minimize flood damage.

D.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize floor damage.

E.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Certification of compliance shall be required of the developer.

F.

Subdivisions will be required to have the base-flood elevation established before consideration of the tentative map.

(Ord. 547 §4(part), 1994).

A.

The planning commission shall hear requests for variances from the requirements of this chapter.

B.

Those aggrieved by the decision of the planning commission may appeal such decision to the city council.

C.

In considering a variance application, the planning commission shall consider all technical evaluations, all relevant factors, standards, etc., specified in other sections of this chapter, and:

1.

The danger that materials may be swept onto other lands to the injury of others.

2.

The danger to life and property due to flooding or erosion damage.

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4.

The importance of the services provided by the proposed facility to the community.

5.

The necessity to the facility of a waterfront location, where applicable.

6.

The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage.

7.

The compatibility of the proposed use with existing and anticipated development.

8.

The relationship of the proposed use to the comprehensive plan and floodplain management for that area.

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges.

D.

Generally, variances may only be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base-flood level, providing subsections A through F of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

E.

Upon consideration of the factors of Section 18.47.190(D) and the purpose of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

F.

The planning director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

G.

Conditions for Variance.

1.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

Variances shall not be issued within any designated floodway if any increase in flood levels during the baseflood discharge would result.

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause such as renovation, rehabilitation, or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause.

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public, or conflict with existing local laws or ordinances.

5.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base-flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 547 §4(part), 1994).

Chapter 17.46 - AH-ALTERNATIVE HOUSING COMBINING DISTRICT[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.46, §§ 17.46.010—17.46.070, and enacted a new Ch. 17.46 as set out herein. The former Ch. 17.46 pertained to similar subject matter and derived from Ord. No. 662, § A, 2-23-2016.

The AH combining district should be utilized on a limited basis to provide and accommodate the need for an emergency shelter within the city limits. The location of the district should be in the proximity to transit, job centers, and public and community services.

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

17.46.020 - Purpose.

The AH combining district has been established to achieve the following purposes:

A.

To assure that the City of Corning is in compliance with the California Housing Accountability Act by providing a zoning district that permits the establishment of emergency shelters as a permitted use.

B.

To define and provide development standards for the establishment of emergency shelters.

C.

To provide protection against haphazard and unattractive development by implementing visual design guidelines.

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

17.46.030 - Applicability.

In any district with which the AH combining district is applied the regulations of this chapter shall apply, in addition to those specified in this title for such district; provided, that if conflict in regulations occurs, the regulations of this chapter shall govern.

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

17.46.040 - Permitted uses in AH combining district.

A.

All uses permitted in the respective district with which the AH district is combined.

B.

The establishment of emergency shelters for a target population as defined in chapter 17.06 (Definitions) of this Code.

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

17.46.050 - Minimum height, bulk and space requirements.

In an AH combining district the minimum height, bulk and space requirements shall be as follows:

A.

Lot area, one acre;

B.

Lot width, one hundred feet;

C.

Maximum building coverage, sixty-five percent of lot area. Minimum width of any residential structures twenty feet;

D.

Front yard, twenty feet;

E.

Side yard shall be not less than six feet for each side yard. Three feet shall be added to each required side yard for each story above the first floor of any building. The side yard on the street side of each corner lot shall not be less than ten feet. A twenty-foot minimum side yard shall be required where a two-story residential structure will be located on a lot which abuts the rear yard of a single-family lot;

F.

Rear yard shall not be less than ten feet. An additional five feet shall be added to the required rear yard for each story over the first story of any building;

G.

Building height limit, two and one-half stories, but not to exceed thirty-five feet.

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

17.46.060 - Development and occupancy standards.

The following are development and occupancy standards for the establishment of emergency shelters for a target population as defined in chapter 17.06 (Definitions) of this Code.

A.

The maximum stay at a facility shall not exceed state regulations;

B.

On-site client waiting and intake areas shall be located inside the building;

C.

A minimum of one manager, in addition to security personnel, shall be on duty and remain on-site during intake hours;

D.

Emergency shelters shall comply with the parking requirements as provided in chapter 17.51 (Off-Street Parking Requirements);

E.

Exterior lighting for the parking area and entire outdoor area of the facilities must be provided. Exterior lighting shall be stationary, and shall be directed away from adjacent properties and public rights-of-way; and

F.

On-site management plan shall be provided.

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

Chapter 17.47 - CBDZ CORNING BUSINESS DEVELOPMENT ZONE

17.47.010 - Generally.

The CBDZ Corning business development zone is to be utilized only within the boundaries delineated by the highway 99W corridor specific plan. It is recognized that there is a need for job-generating land uses near the freeway and that the most suitable location for future commercial development is along highway 99W. This unique environment was determined to be an appropriate location for freeway-oriented commercial development and general commercial, industrial and manufacturing businesses. The following specific regulations and the general rules set forth in section 17.04.060 and 17.04.070 and Chapter 17.50 of this title shall apply in the CBD zone. All uses within the CBDZ Corning business development zone require a conditional use permit. Uses discussed in this section do not necessarily include uses in chapter 17.54 of this title.

(Ord. 573 (part), 1997; Ord. No. 703, § 3, 10-25-2022)

The CBDZ Corning business development zone has been established to achieve the following purposes:

1.

To protect the public health, safety, and welfare by enhancing quality of life and improving the appearance of the city;

2.

To provide protection against haphazard and traditional strip commercial development by implementing visual design guidelines established in the highway 99W corridor specific plan;

3.

To allow site development flexibility in return for well-conceived and efficient site planning and quality design;

4.

To establish overlay districts that carry out specific purposes prescribed by the highway 99W corridor specific plan addressing specific subjects, such as freeway oriented commercial development and mixeduse commercial development. The overlay districts that apply to the CBDZ are chapters 17.48 and 17.49 of this title.

(Ord. 573 (part), 1997; Ord. No. 703, § 3, 10-25-2022)

The regulations of this chapter provide for the quality development within the highway 99W corridor by (1) reviewing all development permits to determine that the permit requirements of this title have been satisfied; and (2) reviewing all permits to determine that the site has met applicable design criteria established in the visual design guidelines of the highway 99W corridor specific plan.

(Ord. 573 (part), 1997; Ord. No. 703, § 3, 10-25-2022)

A.

Any development within the CBD zone shall apply applicable design criteria established in the visual design guidelines of the Highway 99W corridor specific plan.

B.

Any development within the CBD zone shall comply with all conditions of approval applied to the development.

C.

Any development within the CBD zone shall comply with the regulations and standards established in the corresponding overlay zones (1) CH highway service commercial district and (2) SPMU specific plan mixeduse district.

(Ord. 573 (part), 1997; Ord. No. 703, § 3, 10-25-2022)

Chapter 17.48 - CH HIGHWAY SERVICE COMMERCIAL OVERLAY DISTRICT

This overlay district classification is intended to be applied along main road and highway frontages at proper intervals and locations to provide necessary services for the traveling public in developments designed for safety, convenience and fitting appearance. The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in all CH districts. This overlay district is to be utilized only within the boundaries of the Highway 99W corridor specific plan. This district provides for the continuation and development of freeway-oriented commercial activities.

(Ord. 573 (part), 1997; Ord. No. 703, § 4, 10-25-2022)

There are no uses permitted without use permits.

(Ord. 573 (part), 1997; Ord. No. 703, § 4, 10-25-2022)

In CH districts, only C-3 uses are permitted and a use permit shall be required.

(Ord. 623 §a.5, 2005; Ord. 589 §12, 2001; Ord. 573 (part), 1997; Ord. No. 703, § 4, 10-25-2022)

In CH overlay districts land use regulations shall include the following regulations:

A.

In any district with which is combined the CH overlay district, the regulations of this chapter shall apply in addition to those specified in this title; provided, that if conflict in regulations occurs, the regulations of this chapter shall govern;

B.

Any development within the CH overlay district shall apply applicable design criteria established in the visual design guidelines of the Highway 99W corridor specific plan;

C.

Those established in Chapter 17.47 CBDZ Corning business development zone.

(Ord. 573 (part), 1997; Ord. No. 703, § 4, 10-25-2022)

Chapter 17.49 - SPMU SPECIFIC PLAN MIXED-USE OVERLAY DISTRICT

This overlay district classification is intended to encourage mixed-use development and is to be applied to the larger parcels located between the primary intersections of the Highway 99W corridor specific plan area. As such, this overlay zone is to be utilized only within the boundaries delineated by the Highway 99W corridor specific plan. The SPMU overlay zone allows for a combination of land uses that have been determined to be compatible for development. The following specific regulations and the general rules set forth in Sections 17.04.060 and 17.04.070 and Chapter 17.50 of this code shall apply in the SPMU overlay district.

(Ord. 573 (part), 1997).

The purpose of the SPMU overlay district is to allow development to consist of a combination of land uses. The combination of such uses is found to be compatible if noise, smoke, dust, odors, and other offensive features are confined to the premises of such use.

(Ord. 573 (part), 1997).

The regulations of this chapter provide for mixed-use development within the Highway 99W corridor specific plan area which has been designated the Corning Business Development Zone. In SPMU overlay district land use regulations shall include the following requirements:

A.

In any district with which is combined the SPMU overlay district, the regulations of this chapter shall apply in addition to those specified in this title; provided, that if conflict in regulations occurs, the regulations of this chapter shall govern;

B.

The permitted uses established in each district and being combined in the SPMU overlay district are allowed; provided that in the opinion of the planning commission, the proposed sites are of a similar character;

C.

Any development within the SPMU overlay district shall apply applicable design criteria established in the visual design guidelines of the Highway 99W corridor specific plan;

D.

Those provisions established in Chapter 17.47 CBDZ Corning business development zone.

(Ord. 573 (part), 1997).

17.49.040 - Permitted uses.

There are no uses permitted without use permits.

(Ord. 573 (part), 1997).

In any district with which is combined an SPMU district, the following districts may be combined and shall require use permits. The SPMU overlay district allows for the combination of the permitted uses from the following districts which in the opinion of the planning commission the uses are of a similar and compatible character: C-1 neighborhood business district, C-2 central business district, C-3 general commercial district, M-1 light industrial districts, and M-L limited manufacturing district.

A.

From C-1, C-2 and C-3 districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Retail stores and business or service enterprises which, in the opinion of the planning department are of a character similar to the following:

a.

Food stores, dairy products, and bakery goods stores,

b.

Bookstores, rental libraries, and video rental stores,

c.

Drugstores, including soda fountain food service,

d.

Florist, variety, hardware, and clothing stores,

e.

Athletic facilities, banks, business offices, bowling alleys, food, drug and clothing stores and retail outlet stores,

f.

Business colleges, music, dancing, and martial arts studios,

g.

Blueprinting shops, photographic stores,

h.

Catering shops, cafes and restaurants, and bars and taverns,

i.

Art and antiques shops and pawnshops,

j.

Hotels, motels, theaters, auditoriums, lodge halls and social clubs,

k.

Newspapers and commercial printing shops,

l.

Mortuaries,

m.

Bakeries,

n.

Other retail business uses which, in the opinion of the Planning Commission, are similar to the foregoing;

B.

The following agencies and services:

1.

Laundry and dry-cleaning businesses using noninflammable cleaning solvents,

Barbershops, beauty parlors and cosmetic shops,

3.

Repair shops for domestic appliances and goods,

4.

Professional and medical offices, studios, and clinics,

5.

Gasoline service stations, including auto repairs; provided, that all operations except the service with gasoline, oil, air, and water be conducted within an enclosed building,

6.

Self-operated laundries,

7.

Gasoline service stations; provided, that all operations except the servicing with gasoline, oil, air, and water are carried on within a building,

8.

Commercial repair garages, and incidental service uses,

9.

Automobile sales and service and used car lots,

10.

Wholesale distribution uses and warehouses,

11.

Veterinary hospitals, animals to be kept in an enclosed structure,

12.

Carwash,

13.

Other services and agencies which, in the opinion of the planning department, are similar to the above;

C.

Public buildings and public utility substations and offices;

D.

Commercial parking lots and parking garages;

E.

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use; an on-site residence not to exceed one third the square footage of an active business establishment and occupied by the owner/proprietor or their agent. Such residence is to be a secondary use to an active commercial enterprise, either upstairs or in the rear, with the storefront remaining commercial. No residential garage is permitted;

F.

Incidental storage and accessory uses, including repair operation and services; provided, that such is clearly incidental to the sale of products at retail on the premises and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, vibration, fire, or safety;

G.

All other commercial uses except those uses which are specified in chapters 17.26 and 17.28 of this title as being permitted only in M-2 districts;

H.

Incidental storage and accessory uses, including repair operating and services, provided such uses shall be clearly incidental to the sale of products at retail on the premises, and shall be so placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise, or vibration;

I.

From M-1 districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Assembly and storage of goods, materials, liquids, and equipment, except storage of flammable or explosive matter or materials which create dust, odors, or fumes. Permitted uses include:

a.

Wholesale and storage warehouses,

b.

Feed and fuel yards,

Manufacturing, processing, fabricating, refining, repairing, packaging or treatment of goods, material or produce by electric power, oil, or gas, except operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof. Permitted uses include:

a.

Dye and dry-cleaning plants,

b.

Rug cleaning plants,

c.

Laundries,

d.

Veterinary hospitals,

e.

Cabinet shops,

3.

The following when conducted within a building or enclosed within a solid wall or fence of a type approved by the Planning Commission, not less than six feet in height:

a.

Body and fender repair shops and auto painting shops,

b.

Cooperage and bottling works,

c.

Sheet metal shops and welding shops,

d.

Truck terminals,

e.

Retail lumber yards;

J.

From M-L districts, the following uses of land and buildings which, in the opinion of the planning commission, are of a similar character shall be permitted:

1.

Commercial and professional offices,

2.

The following and similar uses from which noise, smoke, dust, odors, and other such offensive features are confined to the premises of each such use:

a.

Research institutes and laboratories,

b.

Small electronic and plastics products manufacturing,

c.

Electrical products and instrument manufacturing,

d.

Bookbinding, printing, and lithography,

e.

Cartography, surveying, and engineering,

f.

Editorial, architecture and designing,

g.

Garment manufacturing, paper products manufacturing,

3.

Underground utility installations and above-ground utility installation for local service, except that substations generating plants and gas holders must be approved by the planning commission prior to construction; and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition.

(Ord. 623 §a.6, a.7, 2005; Ord. 589 §13, 2001; Ord. 573 (part), 1997; Ord. No. 703, § 5, 10-25-2022)

In SPMU overlay districts, the minimum height, bulk and space requirements shall be as follows:

A.

Where conflict occurs between the regulations of this chapter and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply;

B.

Lot area, lot width, building coverage regulations, none;

C.

Front yard, fifteen feet;

D.

Side yard, none, except as required by the building code or other regulations;

E.

Rear yard, twelve feet where accessible from street, alley or parking lot for loading purposes. Building code and other regulations shall apply;

F.

Building height limit, four stories, but not to exceed fifty feet; and provided, that buildings shall be confined within inclined planes sloping inward at a ratio of one foot horizontally to two feet vertically, such planes beginning directly above property lines at an elevation of thirty feet above average ground grade;

G.

Loading area, twenty-foot alleys for loading and delivery purposes shall be provided adjacent to all lots to be used for commercial purposes. Ten feet of the required yard may be included in such alleys;

H.

Parking requirements as required by Chapter 17.51;

I.

Corner lots, side yard setback ten feet.

(Ord. 573 (part), 1997).

Chapter 17.50 - GENERAL USE PROVISIONS AND EXCEPTIONS

The regulations specified in this title shall be subject to the general provisions and exceptions set out in this chapter.

(Ord. 153 §21.01, 1959).

Corner lots are required to have a twenty-foot front yard setback and a ten-foot side yard setback.

(Ord. 524 §16, 1992).

A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard. In exception to the provisions of this section, a garage or other similar outbuilding not exceeding fifteen feet in height at the ridge may be built to the side and/or rear line; provided, that the garage or similar outbuildings is not less than seventy-five feet from any street, and otherwise shall observe a six-foot clear distance for side yard and ten-foot rear yard. A garage or accessory building that is not attached to and made a part of the main building shall not be closer than eight feet clear distance to the main building.

(Ord. 524 §16.1, 1992; Ord. 153 §20.06(b), 1959).

In case of a corner lot abutting upon two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front lot.

(Ord. 524 §16.2, 1992; Ord. 153 §21.06(c), 1959).

Any lot or individually assessed parcel of land existing as such at the time of adoption of the ordinance codified in this section shall be considered a legal building site subject to the provisions of this title which met then existing regulation at that time and any applicable ordinance, even though such lot or parcel may have dimensions and area less than required by such ordinances.

(Ord. 524 §16.3, 1992; Ord. 323 §25, 1978: Ord. 180 §1(3), 1962: Ord. 153 §21.06(d), 1959).

In case of a corner lot adjacent to a flag lot in any R district, the setback on the street side of the corner lot, within twenty feet of the side line of the key lot, shall be equal to the front yard required on the key lot, and a clear ten-foot rear yard shall be maintained on the corner lots.

(Ord. 524 §16.5, 1992; Ord. 153 §21.07(i), 1959).

A.

No fence shall be constructed prior to obtaining a building permit, as provided for in Title 15 of the Corning Municipal Code, except in the case of a previously existing fence which was damaged or destroyed and which is reconstructed or repaired using similar materials of the same dimensions and location as the original fence.

B.

Fences and screen plantings shall not exceed four feet in front yards nor six feet in height in any required rear and side yard, unless specifically required by this chapter or except as provided in this section.

1.

The height of fences shall be measured from the ground upon which the fence rests, except that if a fence rests upon earth berm or artificial elevation, the height shall be measured from the base of the earth berm or artificial elevation.

2.

Where the height of a fence in the front yard exceeds four feet above centerline grade of a facing roadway, a property owner shall display the street number in a location and of sufficient size that it may be easily seen from the roadway, where a street number has been assigned. For the purposes of this section, display of street numbers on the curb is not adequate.

3.

For the purposes of this section, the front yard of a corner lot shall be that portion of the lot between the front door and the property line.

C.

Exceptions to the height restrictions may be authorized by TAC where:

1.

The obstruction is justified because of noise, glare or other problems generated by the use of an adjacent roadway or other outside influence; and

2.

The obstruction does not interfere with parking or driveway areas; and

3.

Sight distance at street corners, alleys and driveways is appropriate as determined by the public works department; and

4.

When increasing the height of a front yard fence, a lot owner prominently displays the street numbers of the parcel, if one is assigned, in a place and of a size agreed to by the public works director.

D.

Fences within the city may be constructed of barbed wire or may incorporate spikes or electrical charges only when:

1.

A use permit is issued, based upon compatibility with this section and chapter, and which the planning commission may condition to require appropriate warning signs upon said fence; and

2.

Such material may not, under any circumstances, be used within three feet of any public right-of-way; and

3.

The lot involved may legally keep nondomestic animals; or

4.

The planning commission finds that extraordinary circumstances apply that require the use of such a fence, and the circumstances apply almost exclusively to the applicant property.

E.

Solid masonry walls or a sound barrier demonstrated to have equivalent sound attenuation qualities that will reduce peak event noise to general plan standards for residential land uses shall be required. Any substitution for the masonry walls must be accompanied by a certification by an acoustic expert and approved by the planning officer.

1.

Solid masonry walls or their equivalent, shall be required as noise and light mitigation between single-family residential development and a multiple-family development, consisting of five or more dwelling units.

2.

Solid masonry walls or equivalent, shall be required to separate all residential development from commercial and industrial development.

3.

Solid masonry walls or equivalent, shall be required as a part of any industrial development which abuts commercial or residential development.

4.

Solid masonry walls or equivalent, shall be constructed on the property line, in accordance with the height standards in this section. The ground area within five feet nearest the wall shall consist of a landscaping screen, composed of plant material which will reach a height of at least eight feet along side yards behind the front yard setback, and rear yards.

5.

Where new development abuts vacant land of a different zone, the solid masonry wall or its equivalent, shall be constructed as a part of that development and not deferred.

6.

Solid masonry walls or its equivalent, shall not be required when existing commercial development expands no more than thirty percent of its building area.

7.

Where new commercial development occurs in the downtown business district, the planning department shall require the proposed design to include a solid masonry wall or its equivalent, to buffer adjoining residential areas; however, where incompatible, the planning commission may waive the requirement through a variance.

(Ord. 575, 1997; Ord. 558 (part), 1996; Ord. 524 §16.6, 1992; Ord. 442, 1986: Ord. 153 §21.07(k), 1959).

In those instances where the owner of property in the city desires to build a retaining wall for the purpose of keeping dirt from sliding or moving, and any portion of the retaining wall or the property on which it is located belongs to the city, then an encroachment permit shall be procured from the city before any such retaining wall is constructed. "Retaining wall" shall be defined as any wall or structure made of masonry or similar materials, including wood, designed for the purpose of keeping earth from moving in a lateral direction. The city shall have the option, through its planning commission, of allowing such encroachments upon such terms and conditions as the planning commission may impose. The conditions shall be in a recordable form, to the effect that any accident caused by or damage to property arising from the location of the retaining wall, shall be paid by the land owner and the city shall not be responsible for such damage in any way and the land owner shall hold the city harmless from any liability. An encroachment permit shall be obtained in the same manner as a use permit, and the same fee shall be assessed for the encroachment permit as for a use permit. In addition to the encroachment permit, the land owner shall procure a building permit when the same is required. All retaining walls shall be properly anchored, as the planning commission may require.

(Ord. 323 §26, 1976; Ord. 205 §1, 1964: Ord. 153 §21.07(n), 1959).

Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennae, and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights for public utility structures may be permitted upon approval of the planning commission. Height limitations provided in this section shall not apply to electrical transmission lines and towers.

(Ord. 153 §21.08, 1959).

The outdoor display of merchandise shall be permitted in all zones, upon issuance of a permit. Such use permit shall be issued without fee, and subject to such restrictions and regulations as are reasonably necessary and consistent with the public health, welfare and safety. Use permits shall be required only in those cases where merchandise is to be displayed in areas of public rights-of-way, including sidewalks or roadways of any sort, but not including sidewalks which are privately owned and maintained and over which passage by the public may be prohibited.

(Ord. 182 §1, 1962: Ord. 153 §21.09, 1959).

17.50.220 - Large family day care home permit.

A.

This section establishes standards for large family day care homes in compliance with state law, including the limitations on the city's authority to regulate these facilities.

B.

These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the State Department of Social Services through its facility licensing.

1.

The planning director may issue a non-transferable permit for the operation of a large family day care home in any residential district if the director determines that the proposed large family day care home will comply with the following standards in this section:

a.

No large family day care home shall be located within one thousand feet of another large family day care home.

b.

At least one off-street child drop-off/retrieval parking space shall be provided. The space may be on an existing driveway and/or within a front yard or a street side yard. The space shall not be smaller in dimension or area of a standard parking space and shall not utilize a space otherwise required for off-street parking. A surfaced sidewalk shall connect this space with the front door of the large family day care home.

c.

In addition to the parking spaces required for the primary dwelling use, one additional off-street parking space for an assistant care-giver shall be provided. The space may be located on an existing driveway and/or in a front yard or a street side yard.

d.

Any large family day care home located on an arterial street as shown on the general plan circulation element map, shall be provided with adequately designed off-street drop-off or retrieval areas and assistant

care-giver space to ensure that vehicles reentering the arterial street will be able to do so in a forward moving manner.

e.

Business hours are limited to between the hours of six a.m. and six p.m.

f.

Outdoor activities on the site are limited to between the hours of eight a.m. and six p.m. In order to limit neighborhood noise impacts, at least four hours of daily activities shall be conducted indoors. The four hours need not be consecutive, but all client children shall observe the same indoor activity period or periods.

2.

At a public hearing advertised in accordance with California Government Code Section 65091, the planning commission may approve a modification to the standards of subsection (B)(1) of this section for a large family day care home that does not meet the standards of this section. The applicant shall pay a fee equivalent to one-half the city's standard use permit application fee to offset costs related to notification, advertising, staff report preparation and planning commission review. No part of those fees shall be refundable.

C.

Noncompliance. In any case where the conditions of approval of a large family day care home permit have not or are not complied with, the planning director shall schedule a planning commission hearing to consider revocation of the large family day care home permit.

1.

At a hearing scheduled to consider revocation of a large family day care home due to noncompliance with the applicable standards, the planning commission shall consider the evidence presented and with findings, may revoke or modify the operating conditions of a large family day care home permit. The decision of the planning commission may be appealed to the city council within ten days from the date of the planning commission decision.

(Ord. 611, 2004).

The city of Corning shall adopt and may periodically amend regulations for the placement of outdoor advertising signs by resolution of the city council.

(Ord. 623 §b, 2005).

Chapter 17.51 - OFF-STREET PARKING REQUIREMENTS[[15]]

Footnotes:

--- ( 15 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.51, §§ 17.51.010—17.51.160, and enacted a new Ch. 17.51 as set out herein. The former Ch. 17.51 pertained to similar subject matter and derived from Ord. No. 694, § 1, 4-13-2021.

A.

Except as otherwise provided in this chapter, there is imposed a requirement on every lot for which a building permit or a certificate of occupancy is issued a requirement to provide off-street parking spaces according to the provisions of this chapter for all uses conducted on that lot.

B.

A final inspection for a building permit shall not be approved, and/or a certificate of occupancy shall not be issued for any building or structure until the improvements required by this chapter for all uses of the lot are complete and ready for use.

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

17.51.020 - Application.

A.

Except as otherwise provided in this chapter, there is imposed a requirement on every lot for which a building permit or a certificate of occupancy is issued a requirement to provide off-street parking spaces according to the provisions of this chapter for all uses conducted on that lot.

B.

A final inspection for a building permit shall not be approved, and/or a certificate of occupancy shall not be issued for any building or structure until the improvements required by this chapter for all uses of the lot are complete and ready for use.

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

A.

All uses and/or structures existing at the time of adoption of the ordinance codified in this chapter shall be exempt from the provisions ofthis chapter.

B.

Expansion of existing structures shall also be exempt, unless and until such time as that expansion exceeds the following dimensions (whether as a single project on a single structure, or as cumulative

projects on one or more structures on the same lot):

1.

For any residential use, a total of five hundred square feet of living area (excluding garage or storage area);

2.

For any nonresidential use, a total of one thousand square feet (including storage areas).

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

17.51.040 - Parking requirements—Residential uses.

A.

Studio apartments shall have a total of 0.5 spaces per each unit. One-bedroom apartments shall have one total parking space per each dwelling unit.

B.

Multiple-family dwellings of two or more bedrooms shall have two total parking spaces per dwelling unit, including one enclosed space.

C.

Single-family dwelling units shall have two parking spaces enclosed in a garage, and two additional parking spaces, for a total of four parking spaces per dwelling unit.

D.

For group residential dwellings, one space shall be provided for each bedroom, including bedrooms not rented.

E.

For assisted living facilities, every ten dwelling units shall have a minimum of eight parking spaces (0.8 dwelling units=one parking space).

F.

A large licensed residential care facility shall provide one off-street parking per two greatest number of employees on duty at any one time, as well as a minimum of one off-street parking space for every ten residents for visitors.

G.

An emergency shelter shall provide one off-street parking space per employee on duty, provided that standards do not require more parking spaces than other residential or commercial uses within the same zone.

H.

Each multiple-family dwelling unit shall include a permanent locked storage space, with minimum dimensions of four feet by eight feet, built as a part of the dwelling unit or garage.

I.

Single-car garages shall be a minimum of two hundred square feet; two-car garages shall be a minimum of four hundred square feet.

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

17.51.050 - Parking requirements—Bed and breakfast inns.

For bed and breakfast inns, one space shall be provided per bedroom in addition to the parking required for the underlying residential use.

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

17.51.060 - Parking requirement—Hotels and motels.

For hotels and motels, one space shall be provided for each guest room.

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

17.51.070 - Parking requirement—Residential care homes, skilled nursing facilities and group care facilities for the elderly.

For licensed group care facilities for the elderly, skilled nursing facilities, and residential care homes, one space shall be provided for every three beds the facility is licensed to accommodate.

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

17.51.080 - Parking requirements—Hospitals.

For hospitals, one space shall be provided for every bed the facility is designed to accommodate, plus parking in an amount to be determined by the planning commission for ancillary uses.

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

17.51.090 - Parking requirements—Theaters and churches.

For theaters and churches, the following number of spaces shall be provided:

A.

For facilities with fixed seats, one space for every four seats or every eight feet of bench space;

B.

For facilities without fixed seats, whichever is less:

One space for every twenty-eight gross square feet of principal assembly area, or

2.

One space for each four persons of any posted occupancy limit.

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

17.51.100 - Parking requirements—Dance halls and sports arenas.

For dance halls and sports arenas, one space shall be provided for every four fixed seats or every eight feet of bench space. Where no fixed seats are installed, one space shall be provided for each one hundred gross square feet of floor area used for assembly or dancing.

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

17.51.110 - Parking requirements—Schools.

The following number of parking spaces shall be provided for both public and private schools:

A.

For elementary and junior high schools, two spaces for each employee and faculty member plus one space for every forty-two gross square feet or assembly area in the auditorium or assembly area;

B.

For high schools, three spaces for each classroom plus one space for every three students in grades ten through twelve;

C.

For commercial or business schools, one space for every one hundred fifty gross square feet of classroom floor area.

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

17.51.120 - Parking requirements—Office uses.

For office uses, one space shall be provided for every three hundred gross square feet of floor area.

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

The following number of parking spaces shall be provided for commercial sales establishments:

A.

For automobile or machinery sales and service garages, nursery and garden supplies, and building material yards, one space for every five hundred gross square feet of floor area plus one space for each two thousand square feet of outdoor sales and/or service area;

B.

For furniture and appliance stores and repair shops and similar uses which handle only bulky merchandise, one space for every six hundred gross square feet of floor area;

C.

For shopping centers of less than thirty thousand gross square feet of floor area, one space for every two hundred gross square feet of floor area; and for centers of thirty thousand or more gross square feet of floor area, one space for every three hundred gross square feet of floor area. Shopping centers shall use an unsegregated parking area;

D.

For retail sales, one space for every two hundred gross square feet of floor area;

E.

For restaurants, bars, nightclubs and drive-in restaurants, one space for every four seats or one space for every seventy-five-gross square feet of floor area, including outside dining areas, whichever is greater;

F.

For financial institutions, one space for each three hundred gross square feet of floor area;

G.

For barber and beauty shops, one space for each seventy-five square feet of gross floor area or two spaces per chair, whichever is less;

H.

For laundromats, one space for each three washing machines.

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

The following number of parking spaces shall be provided for industrial uses and warehouses:

A.

For warehouses, storage buildings, wholesale operations and light manufacturing plants, one space shall be provided for each one thousand five hundred square feet of gross floor area;

B.

For machinery and equipment sales, one space shall be provided for every five hundred square feet of gross floor area, plus one space for each two thousand square feet of outdoor sales and/or service area;

C.

For mini-storage uses, two spaces shall be provided for an onsite caretaker, if any, plus one space for each three hundred square feet of office space, with a minimum of four spaces.

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

17.51.150 - Parking requirements—Recreational facilities.

The following number of parking spaces shall be provided for recreational uses:

A.

For bowling centers, two spaces for each alley, plus that required for ancillary uses;

B.

For tennis, handball, racquetball, or other court, two spaces for each court, plus one space for each two hundred fifty square feet of floor area excepting the court area;

C.

For aerobics dance, weight training and exercise facilities, one space per one hundred gross square feet of floor area;

D.

For pool halls, two spaces per pool table, plus that required for ancillary uses.

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

17.51.160 - Parking requirements—Other uses.

The parking requirement for uses not specified in this chapter shall be determined by the planning commission.

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

Chapter 17.52 - NONCONFORMING USES[[16]]

Footnotes:

--- ( 16 ) ---

Prior ordinance history: Ord. 153, Sections 24.01—24.07

17.52.010 - Continuation of previous use.

The lawful use of land existing at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued except as provided in this chapter.

(Ord. 441 §1, 1986).

If any nonconforming use is abandoned or is discontinued for a period of six months or more, subsequent use of the land shall be in conformity with the provisions of this title.

(Ord. 441 §3, 1986).

If at any time any building which is in existence at the time of the adoption of the ordinance codified in this title and which does not conform to the regulations for the district in which it is located is destroyed by natural occurrence, accident or vandalism, to the extent of more than one-half the value thereof, then and without further action by the city council the building and the land on which the building was located or maintained shall, from and after the date of such destruction, be subject to all the regulations of the district in which the land and/or building are located. For the purposes of this title, the "value of any building" shall be the estimated cost of the replacement of the building in kind, as determined by the building inspector.

(Ord. 441 §5, 1986).

A.

Change of Classification. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification.

B.

Structural Alterations. No existing building designed, arranged, or intended for or devoted to a use not permitted under the regulations of this title for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted under the regulations specified by this title for such district in which the building is located; provided, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, of fifty percent of the assessed value of the building, according to the assessments thereof by the county assessor.

(Ord. 441 §5, 1986).

C.

Nonconforming Dwellings. Notwithstanding Section 17.52.040, a nonconforming dwelling or dwellings destroyed by natural occurrence, accident or vandalism, may be replaced, regardless of the degree of destruction, provided that a complete building permit application is submitted within one year of the date of

destruction and the replacement dwelling(s) does (do) not increase the degree of nonconformity that previously existed.

(Ord. 604, 2004).

The provisions set forth in this chapter shall also apply to nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of the ordinance or any amendment of district boundaries which first creates a non-conforming use or uses.

(Ord. 441 §7, 1986).

Chapter 17.53 - HIGHWAY 99W CORRIDOR SPECIFIC PLAN VISUAL DESIGN GUIDELINES

These visual design guidelines implement the Highway 99W corridor specific plan. The specific plan and visual design guidelines were adopted by ordinance pursuant to Article 8, Authority for Scope of Specific Plans of the Planning and Government Code in compliance with Sections 65450 and 65503 of the Government Code.

(Ord. 573 (part), 1997).

The visual design guidelines found in Appendix D of the Highway 99W corridor specific plan intend to provide the standards, design criteria and procedures necessary to achieve the following objectives:

A.

Implement the provisions and policies of the general plan.

B.

Provide maximum opportunities for innovative community design and site planning, consistent with orderly development and protection of the downtown business environment while allowing for new commercial growth potentials.

C.

Improve the visual image, economic well-being and overall integrity of the Highway 99W Corridor.

(Ord. 573 (part), 1997).

17.53.030 - Application.

A.

These visual design guidelines shall be applied only in the Highway 99W corridor specific plan area, which has been designated the Corning business development zone.

B.

These visual design guidelines are to be used in conjunction with existing city regulations, including but not limited to the city's zoning ordinance and land division standards and other regulations that apply.

C.

If any portion of these regulations are, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decisions shall not affect the validity of the remaining portions thereof. The city council declares that it would have enacted these regulations and each portion thereof, irrespective of the fact that any one or more portions be declared invalid and ineffective.

(Ord. 573 (part), 1997).

A.

1.

The visual design guidelines have been created to provide guidelines for the implementation of the Highway 99W corn-don specific plan. They have been designed as a companion document (Appendix D) to the specific plan and are intended to aid planners, architects, landscape architects, engineers, property owners and developers in adhering to the guidelines which will promote an improved image and character for the Highway 99W Corridor and Corning business development zone. These design guidelines will be utilized by the city staff and planning commission in reviewing projects requiring site plan review.

2.

There are key design elements which contribute significantly to the overall visual impact of a community. These include architecture or building design and criteria which deal with signs, lighting, landscaping, parking and other details. The specific plan provides criteria for minimum design standards. This chapter addresses in general terms the long range goals of the specific plan and establishes the guidelines which can be used and expanded upon in more detail through the site plan review process.

3.

The visual design guidelines are not intended to limit the work of designers, but to provide a flexible framework to accomplish an overriding design concept and to encourage quality development which will establish the Highway 99W corridor and Corning business development zone as a special place to work and run a business.

B.

1.

Community Design Goals.

a.

Create a high-quality and distinct community image and a functional and aesthetically pleasing commercial corridor;

b.

Encourage the development of superior architectural and site planning design which, in time, will create an image for the city of Conning that attracts quality businesses and increases the market population.

2.

Community Design Policies.

a.

Provide an avenue for new development to complement and promote the future vision for the Highway 99W corridor;

b.

Revitalize existing building facades and signs as well as sidewalks and parking areas;

c.

Protect residential zones abutting the specific plan study area from incompatible commercial intrusion through the use of design techniques;

d.

Provide for the elimination or screening of visually objectionable views such as outdoor storage, utility cabinets, trash containers, roof-mounted equipment, blank side walls, and loading areas through the implementation of the design guidelines;

e.

Promote complementary landscape treatments throughout the study area to enhance hardscape elements, pedestrian amenities and storefronts;

f.

Enhance and promote the creation of public space throughout the study area, through the use of street furniture, landscaping, building design and pedestrian orientation;

g.

Design gateways or entry points which provide a sense of arrival to the study area, initiate a streetscape design theme, and provide signs to important destinations.

3.

Community Design Implementation Measures.

a.

Develop consistent streetscape, landscaping and building design palettes for the study area that are sensitive to the creation of a high quality image. (It is not the intent of this thematic requirement to discourage innovative or contemporary architectural expressions or to imitate the architecture of the past, but to promote the harmonious coexistence of architectural styles varying from restoration to contemporary architectural themes);

b.

Require compliance with the design guide-lines for the Highway 99W Corridor Specific Plan study area in plans for new development or expansion or redevelopment of existing development; incorporate design as a major consideration in design review and approval;

c.

Develop an incentive program that rewards private sector development for providing certain "extra" design and pedestrian amenities within their projects;

d.

Provide incentives and incorporate an encouragement program to expedite removal of signs that do not conform to the regulations of this specific plan. (Participation of existing land use owners is voluntary.)

(Ord. 573 (part), 1997).

Chapter 17.54 - CONDITIONAL USE PERMITS[[17]]

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.54, §§ 17.54.010—17.54.080, and enacted a new Ch. 17.54 as set out herein. The former Ch. 17.54 pertained to similar subject matter and derived from Ord. 560 (part), 1996; Ord. 610 § 2(part); Ord. No. 634, 4-28-2009, 2004; Ord. No. 634, 4-28-2009.

Prior ordinance history: Ord. 153, §§ 22.01, 22.02, 22.04, 22.05 and 22.06; Ord. 187, § 1B; Ord. 340, §§ la and lb.

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;

Massage parlors.

9.

Tattoo 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)

17.54.043 - Notices.

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)

17.54.050 - Appeals.

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)

17.54.052 - Notice of city council's decision.

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)

17.54.060 - Revocation of conditional use permits.

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)

Chapter 17.58 - VARIANCES[[19]]

Footnotes:

--- ( 19 ) ---

For statutory provisions on variances, see Gov. Code §65906.

In extraordinary situations, when the physical characteristics of property, such as size, shape, topography, location or surroundings, or when it creates unnecessary hardship, or results inconsistent with the purposes and intent of this title may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted as provided in this section.

(Ord. 153 §23.01, 1959).

(Ord. No. 677, 3-26-2019)

Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee set forth in the fee schedule plus costs, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing:

A.

That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings, and/or uses in the district;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

C.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Ord. 340 §1(c), 1979; Ord. 153 §23.02, 1959).

(Ord. No. 677, 3-26-2019)

A.

A public hearing in front of the planning commission shall be held within sixty days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the city and/or by posting notice on the property involved or adjacent thereto at least ten days prior to such hearing.

B.

The planning commissions shall conduct the public hearing and hear testimony for and against the application. The public hearing may be continued to a following date without further notice.

(Ord. 153 §23.03, 1959).

(Ord. No. 677, 3-26-2019)

Following the public hearing, the planning commission shall make findings of fact showing whether the qualifications under section 17.58.020 apply to the land for which a variance is sought, and whether such variances shall be in harmony with the general purposes of this title. If such findings are in the affirmative, then the planning commission shall by resolution approve such variance. The planning commission may designate conditions and guarantees in connection with the variance to secure the purpose of this title.

(Ord. 478 §1, 1988: Ord. 153 §23.04, 1959).

(Ord. No. 677, 3-26-2019)

Appeal from the findings and decision of the planning commission may be made, in writing, to the city council within ten days from the date of the commission's action and shall be accompanied by a fee as set forth in the fee schedule.

(Ord. 478 §2, 1988: Ord. 153 §23.05, 1959).

(Ord. No. 677, 3-26-2019)

A.

In any case where the conditions of granting of a variance have not or are not complied with, the city council shall give notice to the permittee of intention to revoke such variance of at least ten days prior to hearing thereon. After conclusion of the hearing the council may revoke such variances.

B.

In any case where a variance has not been used within one year after the date of granting thereof, then, without further action by the council, the variance granted shall be null and void.

(Ord. 153 §23.06, 1959).

(Ord. No. 677, 3-26-2019)

Chapter 17.60 - ADULT-ORIENTED BUSINESSES

It is the intent of the following provisions to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible users such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these provisions to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

(Ord. 610 §2(part), 2004).

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. If a word or phrase used in this chapter is not defined herein but is

defined in Chapter 8 of this code, such word or phrase when used in this chapter shall have the same meaning as described in the definitions included in Chapter 8.

A.

Establishment of an Adult-Oriented Business. To "establish" an adult-oriented business shall have the same meaning as that described in Section 8.09.020(O) of this code.

B.

Specified Anatomical Areas. "Specified anatomical areas" shall have the same meaning as described in Section 8.09.020(P) of this code.

C.

Specified Sexual Activities. "Specified sexual activities" shall have the same meaning as described in Section 8.09.020(Q) of this code.

D.

Adult-Oriented Businesses. "Adult-oriented businesses" means any one of the businesses described in Section 8.09.020(A) of this code.

E.

Church. The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities.

F.

Distinguished or Characterized by an Emphasis Upon. The term "distinguished or characterized by an emphasis upon" shall have the same meaning as that described in Section 8.09.020(E) of this code.

G.

Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret shall have the same meaning as that described in Section 8.09.020(M) of this code.

H.

School. The term "school" as used in this chapter, means any child or day care facility or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

I.

Semi-nude. The term "semi-nude" shall have the same meaning as that described in Section 8.09.020(N) of this code.

(Ord. 610 §2(part), 2004).

No adult-oriented business shall be established or located in any zone in the city other than in M-zones nor within certain distances of certain specified land uses or zones as set forth below:

A.

No such business shall be established or located within one thousand five hundred feet of any other adultoriented business.

B.

No such business shall be established or located within three hundred feet of any existing residential zone or use or within one thousand feet of any park, church, or school.

C.

The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures.

(Ord. 610 §2(part), 2004).

A.

Any existing use of real property exiting on the effective date of the ordinance codified in this chapter which does not conform to the provisions of Section 17.60.030, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for five years after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the planning commission in accordance with the provisions of Section 17.60.050.

B.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of such use.

C.

Amortization—Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 17.60.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the planning commission in accordance with the provisions of Section 17.60.050.

(Ord. 610 §2(part), 2004).

A.

The owner or operator of a nonconforming use as described in Section 17.60.040 may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.

1.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 17.60.030, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the planning commission at least ninety days but no more than one hundred eighty days prior to the time established in Section 17.60.040 for termination of such use.

2.

Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3.

Hearing Procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence hearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

B.

Approval of extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law.

1.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this ordinance;

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 17.60.030.

(Ord. 610 § 2(part), 2004).

Chapter 17.61 - EMPLOYEE HOUSING (FOR FARMWORKERS)

This chapter establishes procedures and standards for the approval and creation of employee housing.

(Ord. No. 713, § 2(Att. B), 6-10-2025)

Employee housing providing accommodations for six or fewer employees shall be deemed to be a singleunit structure with a residential land use and shall be treated the same as a single-unit dwelling of the same type in the same zoning district.

(Ord. No. 713, § 2(Att. B), 6-10-2025)

The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered an activity that in no way differs from an agricultural use.

(Ord. No. 713, § 2(Att. B), 6-10-2025)

17.61.040 - Streamlined approval for Agricultural Employee Housing Developments.

To be eligible for streamlined approval under this section in accordance with the provisions of California Health and Safety Code Section 17021.8, an agricultural employee housing development must meet all of the following requirements:

A.

The development must be located on land designated as agricultural in the City of Corning General Plan.

B.

The development must be twelve units or less.

C.

The development must not be located in any of the following areas:

1.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

2.

A very high fire hazard severity zone, as determined by the department of forestry and fire protection pursuant to Section 51178 of the Government Code.

3.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356.

4.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.

5.

A flood plain as determined by maps promulgated by the Federal Emergency Management Agency.

D.

The development must meet all applicable requirements of the City of Corning Municipal Code, including but not limited to the following:

1.

The development must have adequate water and wastewater facilities;

2.

The development must comply with all applicable zoning and land use regulations; and

3.

The development must comply with all applicable building and safety codes.

(Ord. No. 713, § 2(Att. B), 6-10-2025)

Chapter 17.62 - AFFORDABLE HOUSING, DENSITY BONUSES, AND INCENTIVES[[20]]

Footnotes:

--- ( 20 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.62, §§ 17.62.010—17.62.070, and enacted a new Ch. 17.62 as set out herein. The former Ch. 17.62 pertained to

similar subject matter and derived from Ord. No. 694, § 2, 4-13-2021.

This section is adopted in accordance with Section 65915 et seq. of the California Government Code. The purpose of this section is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate-, low-, and very low-income households, and to encourage the creation of housing for senior citizens. As used in this section, density bonus units are those units designated for senior citizens, or very low-, low-, or moderate-income households that qualified the housing project for award of a density bonus or other incentives.

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

This chapter shall be applicable to all zones that allow residential uses.

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

All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

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

The City of Corning shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

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

A.

An application for density increases or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of Corning to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter and applicable State law.

B.

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the planning director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

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

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Corning and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

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

Chapter 17.63 - REASONABLE ACCOMMODATION[[21]]

Footnotes:

--- ( 21 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.63, §§ 17.63.010—17.63.080, and enacted a new Ch. 17.63 as set out herein. The former Ch. 17.63 pertained to similar subject matter and derived from Ord. No. 694, § 2, 4-13-2021.

This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

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

17.63.020 - Applicability.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

B.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C.

A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

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

The city manager or designee shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

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

An application for a reasonable accommodation shall be prepared, filed, and processed in accordance with the provisions of the City of Corning. No noticing or public hearing are required for a reasonable accommodation request In addition to any other information required under the City of Corning Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

A.

Description of the accommodation request;

B.

The applicant's name, address, and telephone number;

C.

Location of the subject property, including address and assessor's parcel numbers;

D.

Name and address of the property owner and the owner's written consent to the application;

E.

The current actual use of the subject property;

F.

Verifiable documentation of the individual's disability status;

G.

The regulation(s), policy, or procedure for which accommodation is sought;

H.

Reason that the requested accommodation may be necessary for the individuals with the disability to use and enjoy the dwelling; and

I.

Additional information necessary for planning division staff to facilitate proper consideration of the request, consistent with fair housing laws.

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

The city manager or designee shall make a written determination within forty-five days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with chapter 17.92.

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

The city manager or designee must consider all of the following factors in order to approve or deny a request for reasonable accommodation that will be consistent with the acts.

A.

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

D.

Whether the requested reasonable accommodation would require a fundamental alteration of a city program or law, including, but not limited to, land use and zoning.

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

Appeals. Reasonable accommodation decisions may be appealed as provided for in section 17.54.050 and the following requirements.

A.

Within thirty days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

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

Chapter 17.64 - ACCESSORY DWELLING UNITS[[22]]

Footnotes:

--- ( 22 ) ---

Editor's note— Ord. No. 713, § 1(Att. A), adopted June 10, 2025, repealed the former Ch. 17.64, §§ 17.64.010—17.64.140, and enacted a new Ch. 17.64 as set out herein. The former Ch. 17.64 pertained to similar subject matter and derived from Ord. No. 694, § 2, 4-13-2021.

This chapter establishes regulations and procedures for reviewing and permitting accessory dwelling units through a ministerial process consistent with state law.

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

A.

Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section and all other applicable codes.

B.

Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow singlefamily or multi-family uses, subject to the permit requirement of applicable zone districts and compliance with the development standards of this section.

C.

No more than two units (including accessory dwelling units and junior dwelling units) on a parcel created through a Senate Bill 9 lot split shall be allowed.

D.

Building Permit. All accessory dwelling unit or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other planning related permit is required.

E.

The city shall issue a building permit within sixty calendar days from the date on which the city received a completed application, unless either:

1.

The applicant requests a delay, in which case the sixty-day time period is put on hold for the period of the requested delay; or

2.

The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-unit primary dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-unit primary dwelling.

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

A.

Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling units also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Health and Safety Code Section 18007.

B.

Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same parcel.

C.

Car Share. A program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.

D.

Cooking, Permanent. A permanent, installed stovetop powered by 220-volt electricity or natural gas along with any required vents or hood for the stovetop per the California Building Code.

E.

Efficiency Kitchen. A cooking facility that includes all of the following:

1.

Appliances.

2.

A food preparation counter.

3.

Food storage cabinets.

F.

Efficiency Unit. As defined in the Building Code.

G.

Independent Living Facility. A residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.

H.

Impact Fee. Fee has the same meaning as the term "fee," as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge by a local agency, special district, or water corporation.

I.

Junior Accessory Dwelling Unit. A unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

J.

Livable Space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

K.

Living Area. The interior habitable area of a dwelling unit. Equivalent to "conditioned space" as defined in the Building Code,

L.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

M.

Objective Standards. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

N.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

O.

Permitting Agency. Any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

P.

Primary Dwelling. An existing or proposed single-family home on a lot with an accessory dwelling unit.

Q.

Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

R.

Public Transit. A location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

S.

Single-unit, Two-unit, and Multi-unit. Means the same, respectively, as single-family, duplex, and multifamily residential units.

T.

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.

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

17.64.040 - Types of accessory dwelling units.

The following are the types of accessory dwelling units:

A.

Accessory Dwelling Unit. There are two subtypes of accessory dwelling units:

1.

Attached. An accessory dwelling unit that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.

2.

Detached. An accessory dwelling unit that is physically detached or separated from the primary dwelling. Detached includes a second-story addition above an existing or proposed detached structure. A detached accessory dwelling unit can be new construction or the conversion or expansion of an existing structure.

B.

Junior Accessory Dwelling Unit. An attached accessory dwelling unit that is a unit that meets the following criteria:

1.

Maximum of five hundred square feet in size.

2.

Contained entirely within a single-unit primary dwelling.

3.

Has a separate entrance from the main entrance to the primary dwelling.

Has a bathroom that is either in the junior accessory dwelling unit or in the primary dwelling.

5.

Includes an efficiency kitchen.

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

17.64.050 - Number of accessory dwelling units per lot or parcel in zones which allow single-family homes.

The following number of accessory dwelling units apply in all zoning districts that allow single family homes as a permitted use:

A.

One attached or detached accessory dwelling unit shall be allowed on a parcel within the existing or proposed space of a single-family dwelling or within an existing accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.

B.

One junior accessory dwelling unit shall be allowed on a parcel with one primary dwelling.

C.

Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

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

17.64.060 - Type and number of accessory dwelling units per lot or parcel in zones which allow multi-family homes.

The following apply to accessory dwelling units in all zoning districts that allow multi-family homes as a permitted use:

A.

Attached Accessory Dwelling Units:

1.

At least one attached or up to twenty-five percent of the existing multi-family units shall be allowed as attached accessory dwelling units in an existing multi-family development.

2.

Attached accessory dwelling units in a multi-family development may be created only through the conversion of parts of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

B.

Detached Accessory Dwelling Units. Up to two detached accessory dwelling units are allowed on a parcel that has a proposed multi-family dwelling, or up to eight detached accessory dwelling units are allowed on a parcel with an existing multi-family dwelling, not to exceed the number of existing units on the lot.

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

17.64.070 - Attached accessory dwelling unit development standards.

A.

Location, Size, Setbacks, Height. The following standards apply to detached accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling).

2.

Size. The total floor area of an attached accessory dwelling unit shall not exceed eight hundred and fifty square feet for a one-bedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling. These limits do not include up to one hundred and fifty square feet of area added to the primary dwelling for the sole purpose of providing access to the accessory dwelling unit.

3.

Setbacks.

• Front yard setback: Per the zoning district standard for the primary dwelling.

• Side yard: Four feet minimum.

• Rear yard: Four feet minimum.

• No setback shall be required for an accessory dwelling unit or junior dwelling unit created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure.

4.

Height.

a.

The maximum height of attached accessory dwelling units shall be two stories and twenty-five feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower.

b.

Attached accessory dwelling units that are interior to an existing structure that is converted shall not exceed the height of that existing structure.

5.

Attached accessory dwelling units shall comply with all applicable base zone district objective development standards, including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size, unless the application of any one or more of these standards precludes construction of at least an eight-hundred-square-foot attached accessory dwelling unit with four-foot side and rear yard setbacks.

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

• 17.64.080 - Detached accessory dwelling unit development standards.

A.

Location, Size, Setbacks, Height. The following standards apply to detached accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling,

2.

Size. No minimum size, except as needed to conform with the requirements for an efficiency unit as defined in the Building Code. A detached accessory dwelling unit shall not exceed eight hundred and fifty square feet for a one-bedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom.

3.

Setbacks.

• Front yard setback: Per the zoning district standard for the primary dwelling.

• Side yard: Four feet minimum.

• Rear yard: Four feet minimum.

4.

Height. The maximum height of detached accessory dwelling units shall be as follows:

a.

For one-story detached accessory dwelling units, the maximum height shall be sixteen feet. Where the detached accessory dwelling unit is within one-half-mile walking distance of a major transit stop or a highquality transit corridor, as defined in California Public Resources Code Section 21155, or with an existing or proposed multi-family dwelling of more than one story, the maximum height shall be eighteen feet.

b.

For two-story detached accessory dwelling units, the maximum height shall be twenty-five feet.

c.

Height Exceptions:

(1)

An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(2)

When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of section 4.a to an amount equal to the height of the existing accessory structure to be converted.

5.

Detached accessory dwelling units shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight-hundred-square-foot detached accessory dwelling unit.

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

17.64.090 - Junior accessory dwelling unit development standards.

A.

Location, Size, Setbacks, Height. The following standards apply to junior accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling and be attached to the primary dwelling by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling.

2.

Size. Maximum of five hundred square feet of living area. Up to one hundred and fifty square feet of building space may be added to the primary dwelling for the sole purpose of providing access to the junior

accessory dwelling unit; this shall not count toward the maximum area for the junior accessory dwelling unit.

3.

Setbacks. If the primary dwelling is expanded to create the junior accessory dwelling unit, the addition may maintain the same setbacks as the existing structure, unless a different setback is required by the Fire or Building Codes.

4.

Access. A junior accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

B.

Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen.

C.

Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

D.

Utilities.

1.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.

2.

No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.

3.

Any utility charges or fees shall be consistent with state law.

E.

Parking. No additional off-street parking is required for the junior accessory dwelling unit.

F.

Owner Occupancy Requirements.

1.

A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence.

2.

The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization.

3.

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney and shall provide that the junior accessory dwelling units shall not be sold separately from the primary dwelling.

4.

The deed restriction shall run with the land and shall be enforced against future property owners.

G.

Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

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

17.64.100 - Miscellaneous additional standards applicable to attached and detached accessory dwelling units.

The following standards shall apply to all attached and detached accessory dwelling units in zones in which they are permitted:

A.

Parcel Coverage. For any attached or detached accessory dwelling unit that is larger than eight hundred square feet, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply and the entire area of the attached or detached accessory dwelling unit shall be used to calculate coverage.

B.

Utilities. The city shall not require the applicant to install a new or separate utility connection directly between the attached or detached accessory dwelling unit and the utility unless the accessory dwelling unit is constructed at the same time as a new primary dwelling. The applicant may voluntarily install a new or separate utility connection. Any utility charges or fees must be consistent with California Government Code Section 66324.

C.

Water and Sewer System. The city may require a water or sewer service connection directly between an accessory dwelling unit and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.

D.

Addressing.

1.

If one accessory dwelling unit or junior accessory dwelling unit is located on a parcel, its address shall be the same address as the primary residence but with "%" following the residence number.

2.

If more than one accessory dwelling unit (including junior accessory dwelling unit) is located on a parcel, each shall have the same address as the primary dwelling followed by Unit A, Unit B, or Unit C, etc.

3.

Each accessory dwelling unit in a multi-family project shall be assigned a unit number consistent with the standard units on the parcel.

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

A.

Number of Parking Spaces.

1.

One off-street parking space, covered or uncovered, is required for each attached and detached accessory dwelling unit.

2.

No off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:

a.

The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in section 17.105.020, including transit stations and bus stations.

b.

When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit.

c.

The accessory dwelling unit is part of the proposed or existing primary residence.

d.

The accessory dwelling unit is the conversion of an existing accessory structure.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

3.

No off-street parking is required for a junior accessory dwelling unit.

4.

Required off-street parking for an accessory dwelling unit space may be provided as tandem parking; including on a paved driveway.

B.

Replacement Parking. When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit shall not be required to be replaced.

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

17.64.120 - Miscellaneous additional standards applicable to all accessory dwelling units.

The following standards shall apply to all accessory dwelling units and junior accessory dwelling units.

A.

Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

B.

Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit as provided in the building or fire codes which apply to the primary dwelling.

C.

Permanent Foundations.

1.

All accessory dwelling units shall be permanently attached to a permanent foundation.

2.

A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.

D.

Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of California Government Code 66341 are met. If all the requirements of California Government Code 66342 are met, the separate conveyance of the primary dwelling unit and accessory dwelling unit are allowed as condominiums.

E.

Rental Term. The accessory dwelling unit may be rented separate from the primary residence; however, the rental must be for a term longer than thirty days.

F.

Owner Occupancy Requirements.

1.

No ownership requirement is established for attached or detached accessory dwelling units, except for junior accessory dwelling units.

2.

Junior Accessory Dwelling Units. Junior accessory unit that is less than seven hundred and fifty square feet in size.

G.

For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service or charges for garbage or recycling service.

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

A.

No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than seven hundred and fifty square feet in size.

B.

For accessory dwelling units seven hundred and fifty square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling).

C.

For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service or charges for garbage or recycling service.

Fees imposed by any agency or special district other than the city shall be collected in accordance with the agency's or district's fee schedule.

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

17.64.140 - Relationship to general plan and zoning.

Any accessory dwelling unit or junior accessory dwelling unit which conforms with the requirements of this chapter shall be deemed to be consistent with the general plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the general plan or zoning.

Accessory dwelling units shall not be counted when determining residential density for conformance with general plan or zoning.

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

17.64.150 - Conditions for nonconforming uses and structures.

A.

Nonconforming Conditions. Notwithstanding chapter 17.52 (Nonconforming Uses), to the contrary, until January 1, 2030, an owner of an accessory dwelling unit or junior accessory dwelling unit that receives a notice to correct violations or abate nuisance, in relation to the accessory dwelling unit or junior accessory dwelling unit, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with California Government Code Section 66331 and Health and Safety Code Section 17980.12(a)—(c), and the following conditions:

1.

The accessory dwelling unit or junior accessory dwelling unit was built before January 1, 2020.

The accessory dwelling unit or junior accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit or junior accessory dwelling unit was built, had a noncompliant accessory dwelling unit or junior accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

B.

The city shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit in compliance with California Government Code 66322(b).

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

Chapter 17.65 - MARIJUANA[[23]]

Footnotes:

--- ( 23 ) ---

Editor's note— Ord. No. 680, adopted Sept. 24, 2019, repealed Ch. 17.65, §§ 17.65.010—17.65.040 and enacted a new Ch. 17.65, §§ 17.65.010—17.65.070 as set out herein. The former Ch. 17.65 pertained to marijuana dispensaries and derived from Ord. No. 645, adopted June 28, 2011.

This article shall be known as the Marijuana Ordinance.

(Ord. No. 680, 9-24-2019)

17.65.020 - Findings.

The California Compassionate Use Act of 1996 authorizes the use of marijuana for personal medical purposes by patients pursuant to physicians' recommendations and exempts certain acts by those patients and their primary caregivers related to that personal medical use. The Medical Marijuana and Regulation and Safety Act (MMRSA later renamed MCRSA), effective January 1, 2016, established a comprehensive State licensing and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation, dispensing, and delivery of medical cannabis and recognized the authority of local jurisdictions to prohibit or impose additional restrictions on any such medical cannabis activities. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) enacted by voter approval of proposition 64 at the November 8, 2016, Statewide election, authorized persons twenty-one years of age or older to possess and use up to twenty-eight and one-half grams of marijuana and up to eight grams of concentrated cannabis, and to cultivate and possess up to six living marijuana plants and the marijuana produced by those plants for personal use and created a State licensing structure for commercial adult-use marijuana operations. On June 27, 2017, the state approved the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which aimed to reconcile the existing medical marijuana statutory framework under MCRSA and the adult-use statutory framework adopted under the AUMA and created a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture,

distribution, testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis.

This article aims to permit access to cannabis by the citizens of the City of Corning to the extent allowed by California law, while imposing a complete ban on commercial cannabis operations in order to protect the health, safety, and general welfare of the community from the potential negative consequences associated with such operations. Further, this article imposes specific restrictions on the personal cultivation of cannabis allowed under state law in order to minimize potential safety, security, land use and nuisance issues associated with such activity.

(Ord. No. 680, 9-24-2019)

In enacting this chapter, it is the intent of the City of Corning to protect the safety and welfare of the general public by prohibiting medical and nonmedical marijuana facilities, commercial marijuana activities, the delivery of all marijuana, and the outdoor cultivation of marijuana within the city's corporate limits in a manner consistent with state law.

(Ord. No. 680, 9-24-2019)

The following words and phrases, whenever used in this chapter, are defined as follows:

A.

"Cannabis" has the same meaning as defined in Business and Professions Code section 26001.

B.

"Commercial marijuana activity" includes "commercial cannabis activity" as set forth in California Business and Professions Code sections 19300.5(j) and 26001(d), as may be amended from time to time, and includes the cultivation, possession, manufacture, distribution, processing, storing, testing, labeling, transportation, or sale of marijuana and marijuana products.

C.

"Cultivation" shall have the same meaning as set forth in California Business and Professions Code sections 19300.5(e) and 26001(e), as may be amended from time to time, and includes any activity involved in the planting, growing, drying, curing, grading, or trimming of marijuana.

D.

"Delivery" shall have the same meaning as set forth in California Business and Professions Code sections 19300.5(m) and 26001(h), as may be amended from time to time, and includes the commercial transfer of marijuana or marijuana products to another person, and also includes the use by a retailer of any technology or platform, whether owned or controlled by the retailer or independently licensed, that enables

customers to arrange for or facilitate the commercial transfer of marijuana by a licensed retailer of marijuana or marijuana products.

E.

"Establish" or "operate" a medical or recreational marijuana facility means and includes: the opening or commencement of the operation of a medical marijuana or nonmedical marijuana facility; the conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana or nonmedical marijuana facility; or the addition of a medical marijuana or nonmedical marijuana facility to any other existing business, facility, use, establishment, property, or location.

F.

"Marijuana" shall have the same meaning as set forth in California Health and Safety Code Section 11018 and Business and Professions Code Section 19300.5(f), as may be amended from time to time.

G.

"Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of conditions such as acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code Section 11362.7(h), as may be amended from time to time.

H.

"Medical marijuana facility" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. A "medical marijuana facility" shall not include the following uses: a clinic licensed pursuant to California Health and Safety Code division 2, chapter 1; a healthcare facility licensed pursuant to California Health and Safety Code division 2, chapter 2; a facility licensed pursuant to California Health and Safety Code division 2, chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to California Health and Safety Code division 2, chapter 3.01; a residential care facility for the elderly licensed pursuant to California Health and Safety Code division 2, chapter 3.2; a residential hospice; or a home health agency licensed pursuant to California Health and Safety Code division 2, chapter 8.

I.

"Nonmedical marijuana facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or permits another person or entity to establish, commence, engage in, or conduct any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including but not limited to marijuana cultivation, distribution, transportation, storage, manufacturing of marijuana products, processing, the sale of marijuana or marijuana products, and the operation of marijuana microbusinesses. A "nonmedical marijuana facility" includes any "commercial marijuana activity" as defined by Business and Professions Code Section 26001(d).

J.

"Outdoors" means any location that is not within a fully enclosed and secure structure.

(Ord. No. 680, 9-24-2019)

A.

Medical marijuana facilities. Medical marijuana facilities are prohibited in all zones in the city and shall not be established or operated in the city.

B.

Nonmedical marijuana facilities. Nonmedical marijuana facilities are prohibited in all zones in the city and shall not be established or operated in the city.

C.

Commercial marijuana activity. Commercial marijuana activity is prohibited in all zones in the city and shall not be established or operated in the city.

D.

Property owners. A property owner shall not rent, lease, or otherwise permit any person, business, or entity that engages in commercial marijuana activity to occupy real property in the city.

E.

Deliveries. No person and/or entity may deliver or transport cannabis from any fixed or mobile location, either inside or outside the city, to any person in the city, except to the extent allowed under Business and Professions Code Section 26090.

F.

Outdoor cultivation. Outdoor marijuana cultivation is prohibited in all zones in the city.

G.

Indoor cultivation. Indoor marijuana cultivation is prohibited; provided, however, that a person may plant, cultivate, harvest, dry, or process cannabis plants to the extent allowed under California Health and Safety Code Sections 11362.1(a)(3) and 11362.77, subject to all restrictions under California State law inside a single private residence or accessory structure to the residence located on the grounds of that residence; provided, that the location is fully enclosed and secured against unauthorized entry, and provided that the following standards are met:

1.

Marijuana cultivation including any plumbing or electrical components shall comply with all applicable building and fire codes.

2.

Indoor grow lights shall not exceed 1,200 watts and shall be installed, maintained and operated in compliance with state and local law. Gas products (including, but not limited to, C02, butane, propane and natural gas), or generators producing electric power shall not be used within any detached, fully-enclosed and secure structure or residential structure for the purpose of indoor cultivation of cannabis.

3.

Marijuana shall not be detectable by sight or smell from adjacent properties or public spaces. This includes but is not limited to the requirement that any detached, fully enclosed and secure structure used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from detection on the property line. The ventilation and filtration system must be installed prior to commencing any indoor cultivation.

4.

The residential structure shall remain at all times an occupied residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use.

5.

The property owner must provide express written consent allowing marijuana cultivation in the event any nonowner occupant wishes to cultivate marijuana on the property.

6.

Marijuana cultivation shall not occur in both a detached structure and inside a residence on the same parcel. Only one cultivation area is allowed per parcel.

7.

Marijuana cultivation in any detached, fully-enclosed and secure structure or residential structure pursuant to this chapter is only permitted with a license from the City of Corning. A license will not be issued when the following occur:

a.

The license fee for cultivation at a private residence has not been paid. The fee for such a license shall be established by resolution of the city council.

b.

The applicant has failed to provide a written, notarized acknowledgement from the owner of the private residence that the owner consents to the cultivation on his or her property.

c.

The applicant has failed to provide the name or each person, owning, leasing, renting, occupying or having charge of the private residence where cannabis is cultivated.

d.

The property is subject to an open code enforcement case for any violation of the Corning Municipal Code.

(Ord. No. 680, 9-24-2019)

A.

The city may enforce this chapter in any manner permitted by law. Violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall create a cause of action for injunctive relief at the city's discretion.

B.

A person who violates, causes or permits another person to violate any provision of this chapter shall be subject to the enforcement provisions of chapter 8.25 of this Municipal Code.

C.

A property owner shall be given a reasonable period of time for the correction or remedy of the violation, but not more than thirty days, if all of the following are true:

1.

A tenant is in possession of the property that is the subject of the violation.

2.

The owner of the property can provide evidence that the rental or lease agreement prohibits the cultivation of marijuana.

3.

The owner of the property did not know the tenant was illegally cultivating marijuana and no complaint, property inspection, or other information caused the owner to have actual notice of the illegal cannabis cultivation.

D.

All remedies proscribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy.

(Ord. No. 680, 9-24-2019)

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 680, 9-24-2019)