ORDINANCE O20XX-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING MANTECA MUNICIPAL CODE SECTION 17.08.050.B.2, PUBLIC HEARING AND PUBLIC NOTICE, NOTICE OF HEARING, BY EXPANDING THE NOTICE OF PUBLIC HEARING MAILING RADIUS FROM 300 FEET TO 500 FEET.
WHEREAS, State Government Code Section 65033 states, “The Legislature recognizes the importance of public participation at every level of the planning process. It is therefore the policy of the state and the intent of the Legislature that each … local agency concerned in the planning process involve the public through public hearings, informative meetings, publicity and other means available to them, and that at such hearings and other public forums, the public be afforded the opportunity to respond to clearly defined alternative objectives, policies, and actions…;” and WHEREAS, State Government Code Section 65091(a)(4) directs, “Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing…;” and WHEREAS, General Plan Economic Development Element Goal 13 is to, “Preserve and strengthen the city neighborhoods;” and WHEREAS, General Plan Land Use Element Policy LU-P-16 directs, “The City shall promote the preservation and integrity of existing stable residential neighborhoods;” and WHEREAS, an objective of Title 17, Zoning, of the Municipal Code is, “To safeguard and enhance the appearance of the City and its established character and the social and economic stability of agricultural, residential, commercial, industrial, and other types of improved areas; and WHEREAS, public participation in the land entitlement process by property owners, residents and businesses within a neighborhood is a key factor in preserving and strengthening neighborhoods; and WHEREAS, expanding the mailing radius from 300 feet to 500 feet for public notices of land use entitlements complies with State laws and gives further opportunity for all parties that may be affected by a land use entitlement to receive such notice; and WHEREAS, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines), states that, “The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA;” 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: Amendment. Manteca Municipal Code section 17.08.050.B.2 is hereby amended to read as follows:
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 500 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the latest equalized assessment roll. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least 1/8 page in one newspaper of general circulation within the city.
SECTION 2: 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 3: 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
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