ORDINANCE O2021-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING THE ZONING MAP TO APPROVE A RE-ZONE AND PLANNED DEVELOPMENT OVERLAY FOR PARADISE VILLAS AT 339 PESTANA AVENUE, PD 20-120, and REZ 20-121 WHEREAS, an application for a Planned Development and Re-zone for the Paradise Villas project at 339 Pestana Avenue was filed by Paradise Investment Properties Group, LLC, c/o Raghu Malladi, 35971 Bronze Street, Union City, California, 94587; and WHEREAS, the applicant requested a Planned Development Overlay and Re-zone to allow for a unique housing product with flexibility in regards to setback standards in the Multiple-Family Dwelling (R-3) zone; and WHEREAS, the project was determined to be exempt from CEQA review, as it qualifies for a categorical exemption per Section 15332, In-Fill Development Projects; and WHEREAS, the Manteca Planning Commission, at a duly noticed public hearing on November 4, 2021, approved Resolution No. 1579 recommending that the City Council approve the Tentative Subdivision Map, Planned Development, and Re-zone for the project; and WHEREAS, the Manteca City Council at a duly noticed public hearing on December 21, 2021, considered the Planned Development, and Re-zone for the project; and WHEREAS, the project plans are attached to this Ordinance as Exhibit “A” and the Conditions of approval are attached as Exhibit “B”; and WHEREAS, on December 21, 2021, the City Council adopted Resolution No. ___ approving the Planned Development Overlay, and Re-zone for the project; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: Findings. The City Council hereby adopts, as its own, the findings required to approve the Zoning Amendment for Paradise Villas (PD 20-120 & REZ 20-121) under Municipal Code Sections 17.10.140 and 17.10.190 as contained in the Planning Commission Staff Report, dated November 4, 2021, which is hereby incorporated by reference into this Ordinance.
SECTION 2: Amendment. The Zoning Map is hereby amended to allow for a Planned Development Overlay zone at 339 Pestana Avenue, the site of the Paradise Villas project.
SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause, or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________________
BENJAMIN J. CANTU
ATTEST: __________________________________
CASSANDRA CANDINI-TILTON, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the ___ day of ____, 20__, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of ____, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
O20XX-__ Page 3 of 3 Type adopted date of ordinance here O20XX-__ Page 1 of 3 Type adopted date of ordinance here ATTACHMENT 2