ITEM NO: K-1
APPEAL TO CONSIDER USE PERMIT 2024-
332, TERESA LIVINGSTON PURSUANT TO
SECTION 17.54.050 OF THE CORNING
MUNICIPAL CODE.
DECEMBER 10, 2024
TO: CITY COUNCIL OF THE CITY OF CORNING
FROM: CHRISSY MEEDS, PLANNER II
BRANT MESKER, CITY MANAGER
CITY COUNCIL DISCUSSION:
At the December 10th, 2024, City Council meeting this appeal was brought before the Council. The project was discussed and the City Council decided that if the owner of the property was willing to meet certain development standards and keep a plan to continue to move forward with evidence of progress, then the Council would consider approving Ms. Livingston’s Use Permit based on the conditions with the forward progress by the property owner. A zoom meeting was held on December 20th with staff and Toni McNulty, the property owners’ architect, to explain the improvements required on the parcel before moving forward. Staff was informed by McNulty that the property owner was in agreement to fulfill the requirements. A meeting was then held in person on January 8th with the property owner, Toni McNulty and staff to go over items required by the property owner prior to Ms. Livingston placing Cecey’s Taco Food Truck on the lot. During that meeting the property owner and Toni provided a site plan of the owners plans and have advised him that the development would require him to apply for a Conditional Use permit with the Planning Commission for his site plan. They were also advised of the feedback from the City Council at the December 10th, 2024 meeting, that prior to Cecey’s Tacos being allowed to operate with the food truck on the property that water and sewer connections with a functioning restroom, a gravel driveway approach and a gravel pad for the food truck and customer parking would need to be installed.
Complete List of items for approval of the food truck Use Permit includes:
• Graded gravel/road base pad to accommodate food truck, customers vehicle parking, and customers lingering while waiting for food • Graded approach/apron for entrance
• Increased lighting
• Connection to city sewer and water and development impact fees • Restroom upgrades
Must show continued progress on the following:
• Road widening the entire length of the property to City Standards • Road striping the entire length of the property to City Standards • Curb, gutter, and sidewalk the entire length of the property to City Standards • Relocate all utility poles
PROJECT DESCRIPTION:
On November 19, 2024, the Corning Planning Commission denied Use Permit 2024- 332 permitting the establishment of a mobile food truck, called Cecy’s Tacos, proposed to be located along the southern side of a building previously known as the Glass Blowers, 2985 HWY 99W, APN 087-050-035. The zoning district is C-3, General Business District.
On November 20, 2024, Teresa Livingston filed an appeal of the Planning Commission’s decision to the Corning City Council. (Exhibit A) DISCUSSION:
At a public hearing held on November 19th at 6:30 pm, staff presented the proposed use for Use Permit 2024-332. Teresa Livingston, owner of Cecy’s Tacos, applied to establish a Mobile Food Vending Business at the above-mentioned location. The property is approximately 2.5 acres in size and is owned by Kullar Sukwinder Singh ETAL. According to the lease agreement between the owner and Ms. Livingston, the applicant will be renting a 70’ x 70’ space on the south side of the existing building, where she plans to operate the food truck daily from 9:00 am to 10:00 pm. Ms.
Livingston did follow all of the requirements within the City of Corning Code Chapter
5.50, which establishes the standards and conditions for mobile vending activities and has provided all of the requirements. Conditions were added to Use Permit 2024-332 to require compliance.
One of the commissioners made a motion to deny the Use Permit for the reasons stated below:
• The lot is unimproved.
• The K-rails would need to be removed and that would bring back the problems of the big rigs turning around there.
• Increased congestion, blight on a commercial business corridor, lack of lighting, traffic and safety risks to the public.
• A food truck next to a derelict building is not what we want. • There are a lot of restrictions we impose on brick and mortars but then allow a food truck to set up.
• The City does not require the food truck to move into a brick and mortar. • The City requires brick and mortars to follow the HWY 99W Specific Plan but we do not require food trucks to follow the Specific Plan at that same locations.
Once the commissioner had finished with the reasons for denials all other commissioners followed suit and use permit 2024-332 was denied in a 5-0 vote.
It should be noted that section 17.54.030 Burden of Proof in the City Municipal Code states that:
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. That the site for the proposed use is adequate in size, shape, topography and circumstances; and
B. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and
C. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties or upon the public welfare.
Furthermore, Section 5.50.070 City Review of Application (C) states:
The city shall approve the issuance of a mobile vending permit unless it is determined that any of the following disqualifications exist:
1. The operator has failed to submit any of the information, documentation, or fees required.
2. The operator does not possess all federal, state, and local permits, licenses, certificates, and/or approvals required to engage in the activity subject to the permit.
3. The operator has made one or more materially false, misleading, or fraudulent misstatements or misrepresentations in the application or supplemental information.
4. The conduct of the mobile vendor will unduly interfere with traffic or residents to the quiet and peaceful enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare.
5. The conduct of such mobile vending will require the diversion of police officers or firemen.
ENVIRONMENTAL:
Section 21084 of the Public Resources Code requires a list of classes of projects which have been determined not to have a significant effect on the environment, and which shall, therefore, be exempt from the provisions of CEQA. The Secretary of Resources has classified projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents.
The California Environmental Quality Act Guidelines provides for the Categorical Exemptions of certain minor projects. Section 15321 Enforcement by Regulatory Agencies Class 21 consists of:
(a) Actions by a regulatory agency to enforce or revoke a Lease, Permit, License, Certificate, or other Entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(2) The adoption of an administrative decision or order enforcing or revoking the Lease, Permit, License, Certificate, or Entitlement for use or enforcing the general rule, standard, or objective.
RECOMMENDATION:
Should the City Council decide to uphold the appeal and approve the use permit, staff recommends that the City Council adopt the following, or similar, Factual Subfindings and Legal Findings for Use Permit 2024-332.
Legal Finding #1
The granting of Use Permit 2024-332, permitting the owner of Cecy’s Tacos food truck to open and operate a Mobile Food Truck in an existing parking lot located at 2985 HWY 99W. This is a negligible expansion of the existing use of this lot and therefore exempt from CEQA pursuant to Section 15332, Class 32.
Factual Subfinding #1
This project will allow the owner/operator of Cecy’s Tacos Mobile Food Vending to establish a business in the existing parking lot.
Legal Finding #2
The establishment of a Mobile Vendor Business is a permitted use in the C-3 Zoning District upon the granting of a Use Permit pursuant to Section 17.47.020 (D) of the Corning Municipal Code.
Factual Subfinding #2
The parcel where the proposed Mobile Vendor will be established is appropriately zoned C-3.
Legal Finding #3
The existing lot is adequate in size, shape, and topography, and zoned appropriately to allow the establishment of a Mobile Vendor for the proposed businesses.
Factual Subfinding #3
The applicant proposes to establish a Mobile Vending Business in the existing lot.
Legal Finding #4
Highway 99W is an existing public road adequate in width and pavement to carry the traffic generated by the establishment of a Mobile Vending Food Truck.
Factual Subfinding #4
The existing public roads at the proposed location are adequate in width and pavement to carry traffic associated with the establishment of a Mobile Vendor located along the east side of HWY 99W.
ACTION:
Move to adopt the four (4) Factual Subfindings and Legal Findings as presented in the staff report and approve Use Permit 2024-332 permitting the establishment of a Mobile Food Vendor in the lot located at 2985 HWY 99W subject to the three (4) Conditions of Approval as recommended by Staff.
or;
Move to adopt findings and deny the issuance of Use Permit 2024-332.
RECOMMENDED CONDITIONS OF APPROVAL
CONDITION #1 - ANNUAL INSPECTIONS:
The Planning & Building Officials and/or the Fire Chief for the City of Corning has the discretion to set up annual inspections to assure that the Mobile Vendor follows applicable Codes and Conditions of the Use Permit.
CONDITION #2 COMPLIANCE WITH ORDINANCE #708:
The Owner must comply with all provisions of City of Corning Ordinance 699 amending Chapter 5.50 of the Corning Municipal Code. (See attached) CONDITION #3 Noise:
No amplified music shall be utilized on the site.
CONDITION #4: If a Property Owner rents, leases, or otherwise allows a Mobile Vendor to operate on their property, then that property owner shall be required meet the following requirements at owners expense:
(a) Graded gravel/road base pad to accommodate food truck, customers vehicle parking, and customers lingering while waiting for food to engineers specifications
(b) Graded gravel/road base approach/apron for entrance to engineers specifications
(c) Increased lighting
(d) Connection to city sewer and water and development impact fees (e) Restroom upgrades
(f) Must show continued progress on the following:
• Road widening the entire length of the property to City Standards • Road striping the entire length of the property to City Standards • Curb, gutter, and sidewalk the entire length of the property to City Standards
• Relocate all utility poles
ATTACHMENTS
Exhibit “A”: Appeal Letter
Exhibit “B”: Planning Application
Exhibit “C”: Lease Agreement
2024 @ A Glance
CITY OF CORNING
January 14, 2025
Administration
Hired new Administrative Services Manager, Assistant Finance Director, Accounting Technician
Corning High School Work Experience Program
Contracted new Finance Auditor & seeking contract with new CPA Passed Measure O to sustain long term service quality Enhanced website accessibility for agendas and minutes Partner connection and networking – event hosts/sponsors, promotions User fee study and fee increase implementation
Public benefit projects – parks, alleys, drainage ditches, homeless encampments, downtown CDBG Application – City Plaza & Recreation Center
Software & hardware upgrades – Improved processes & innovative solutions = efficiencies City Code & policy updates
Building & Safety
Issued 334 permits with $7.07M total project valuation Key categories: 88 solar, 40 fire protection, 46 reroof, 38 HVAC Residential Occupancies: 31 Magnolia Meadows, 6 others. 14 Commercial Occupancy Inspections and 6 Tenant Improvements (e.g., Corning Foods)
Fire Department
Responded to 1,165 service calls
Supported CALFIRE Paskenta during the Park Fire for 20 days New fire engine ordered - replacement for the 1997 Engine 14 Secured an $18,500 CALFIRE grant
Volunteer Fire
Roster increased to 28 volunteers - 4 new volunteers & 6 members EMT-certified Donations: $6,500 across causes and scholarships to Corning High Seniors Police Department
Hired Police Chief, 2 CSOs, 3 Police Officers, 1 Sergeant, and 1 Detective Modernized records and facilities: 100% paperless, new patrol room, CSO room
Strengthened fleet with 5 new vehicles
Launched new Detective position and K9 Program
Upgraded communication tools, dispatch security, and policies Key initiatives: Homeless camp cleanups, gang validations, and ProblemOriented Policing (POP) Planning Department
Updated mobile/street vending ordinances
Approved new 2 subdivisions (Visinoni & Shaan Estates) Significant progress on the Updated Housing Element required by the State Applied LEAP funds toward Housing Element updates
Public Works Department
Hired a Public Works Director, Meter Reader, and Part-time Crew Member Purchased 3 new vehicles and articulating boom lift
New well installation progress
Key projects:
Replaced 100+ water meters, hydrants, and 3 Solano St. valves Completed Olive View/West Connectivity; ongoing Almond and Fig rehabilitation Park upgrades: Christmas decorations, playground infill, parking lots, lighting Facility improvements: Library remodel, Council Chambers flooring, Transportation Center Office Space
Contracted for tree pruning and weed/pest abatement
Achieved over 275 work orders
Recreation Department
1,790 Participants
182 Program opportunities
JR Giants earned a stadium trip for reading achievements Introduced Free Swim Day Sponsorships
Jr. Cardettes program
Took over Rodgers Theater & hosted 22 theater rentals Launched Perfect Attendance Free Class Program
Submitted CDBG grant and held first fitness events
Checking the List…
Description Funding Source Anticipated Expense
Computer Room Mini-Split General Fund 3,000
Secure Doors Upgrade General Fund 10,000
Lennox Field Lights General Fund 65,000
Tranportation Center Roof Replacement General Fund 160,000 Taser Lease Measure A 15,420
Body Camera Lease Measure A 15,720
Cell Phones Measure A 7,000
Turnouts - Fire Gear Measure A 15,000
Police Security Fencing/Parking Area Measure A 20,000
Tehama Street Rehab Measure A 685,000
Clark Park Parking Lot Phase 2 General Fund Reserves/CDBG PI 324,000 Theatre Marquee General Fund Reserves 200,000
Library Remodel - ADA Restrooms General Fund Reserves 80,000 1 Patrol Vehicle,1 CSO Vehicle, Upfit 2 Trucks Police Capital Reserves Funds 222,800 Almond/Prune Rehab Street Funds 500,000
Almond/Fig St Rehab Street Funds 500,000
Vehicle Replacement Street Funds 45,000
Vehicle Replacement Water & Sewer Funds 45,000
Genie Boom Parks & Streets 142,440
Hydrant Install Water Fund /Bond 20,000
Library Remodel Rydell Fund 200,000
Papi, Airport FAA Grant Funded 122,222
Runway Rehab, Airport FAA Grant Funded 298,000
New Municipal Well Department of Water Resources Grant 2,000,000 APPROVED Capital Improvement Projects
Business Licenses
2025 - Looking Ahead
Finance Software Implementation
New CPA Contract
Recreation Center Progress
New Well Progress
Road Projects – Completion Fig/Almond St., Tehama St., Toomes/Loleta Adoption and Approval of Housing Element – required Code updates Clark Park Parking Lot resurfacing
Development Impact Fees, Water/Sewer Fee Study, Waste Management Fees Transportation Center Roof and Library Remodel Project Completion FEMA Project completion and closeout
Rodger’s Theatre Marquee Upgrade
Airport Papi and Runway Rehab