ORDINANCE O22XX-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING SECTION 17.30.020, CENTRAL BUSINESS DISTRICT (CBD) OVERLAY ZONE, TABLE 17.30.020-1, ALLOWED USES AND PERMIT REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT OVERLAY ZONES, TO ALLOW DWELLING, MULTIFAMILY, AND LIVE-WORK FACILITIES WITHIN THE CBD OVERLAY ZONE 1 AS ALLOWED USES WHEREAS, on December 20, 2016, the City Council approved an ordinance that created the Central Business District Overlay Zone 1, CMU(CBD-1), which prohibited residential land uses within that zone; and WHEREAS, on October 6, 2003, the City of Manteca certified an Environmental Impact Report (SCH # 2002042088) and adopted its current General Plan; and WHEREAS, pursuant to Section 15183 of the California Environmental Quality Act Guidelines, “projects which are consistent with the development density established by … general plan policies for which an EIR was certified shall not require additional environmental review…[;]” and WHEREAS, in conformance with the City’s General Plan, the City adopted General Plan Land Use Element Policy P-15, which stated that “[h]igher density housing shall be located in areas served by the full range of urban services, preferably along collector and arterial streets, and within walking distance of shopping areas…[;]” and WHEREAS, the City also adopted General Plan Housing Element Goal H-2 “[t]o promote mixed-use, infill, and downtown development in the city of Manteca…[;]” and WHEREAS, in furtherance of the City’s General Plan Air Quality Element Implementation Measure AQ-I-4, the City is directed to “[e]ncourage mixed-use development that is conveniently accessible by pedestrians and public transit…[;]” and WHEREAS, pursuant to General Plan Circulation Element Policy P-43, “[t]he City shall identify and implement means of enhancing the opportunities for residents to commute from residential neighborhoods to the ACE station or other transit facilities that may develop in the City…[;]” and WHEREAS, pursuant to Economic Development Element Implementation Measure ED-I-47, the City is further directed to “[e]ncourage creative approaches to encourage integration of housing production with commercial development…[;]” and WHEREAS, as stated in the 1998 Vision 2020 report to the City Council, “Downtown second floor residential usage does not currently represent the highest and best use of these units…[t]he second-floor units above the existing stores should be rehabilitated…[;]” and WHEREAS, the recommendation set forth in the 1998 Vision 2020 report was to, “[e]stablish as needed and vigorously enforce codes which will service to rehabilitate and upgrade the living areas above existing stores in the Downtown…[;]” and WHEREAS, on October 15, 2013, the City adopted a Climate Action Plan; and WHEREAS, as stated in the Climate Action Plan Mixed Use Development Strategy MUD-4, “[t]he City shall encourage downtown infill and redevelopment projects that provide housing in suitable sites to increase activity that would support commercial businesses…[;]” and WHEREAS, as set forth in the Climate Action Plan Transit Oriented Development Strategy TOD-2, “[t]he City shall encourage transit-oriented development in areas with 0.25 mile of planned or existing multimodal transit facilities…[;]” and WHEREAS, the vast majority of CBD Overlay Zone-1 is within 0.25 miles of the Manteca Transit Station where ACE shall commence service in 2024; and WHEREAS, given the above, an amendment to the allowed uses in the CBD to allow residential uses would be in conformance with the General Plan and the City’s adopted Climate Action Plan, and further the goals thereof; 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 17.30.020, Table 17.30.020-1, Allowed Uses and Permit Requirements in the Central Business District Overlay Zones, is hereby amended to read as follows:
TABLE 17.30.020-1
ALLOWED USES AND PERMIT REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT OVERLAY ZONES Land Use Category
CBD Zone 1
CBD Zone 2
Residential Uses
Dwelling, Multifamily1
A
A
Group Residential
N
C
Live-Work Facility1
A
A
Residential Care Home
N
A
Supportive Housing2
N
A
Transitional Housing2
N
A
Agricultural and Animal-Related Uses
Agricultural Tourism
C
N
Animal Keeping, Domestic Pet
A
A
Animal Sales and Grooming
A
A
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Uses
A
A
Church/Place of Worship
A
A
Community Garden
C
N
Indoor Amusement/Entertainment Facility
C
A
Indoor Fitness and Sports Facility
C
A
Library and Museum
C
A
School, Specialized Education and Training/Studio
C
A
Theater/Auditorium
A
A
Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studio
N
C
Park and Ride Facility
A
A
Parking Facility
A
A
Public Safety Facility
A
A
Transit Station/Terminal
C
C
Utility Facility and Infrastructure
A
A
Wireless Telecommunication Facility – Minor3
A
A
Retail, Service, and Office Uses
Adult-Oriented Business5
N
N
Alcoholic Beverage Sales
A
A
Bar
C6
C
Brew Pub
M
M
Business Support Services
A
A
Child Day Care Center
C
C
Convenience Store
A
N
Drive-In and Drive-Through Use
C
N
Equipment Sales and Rental
C
C
Grocery Store/Supermarket
C
N
Hotel and Motel
N
A
Liquor Store
N
N
Maintenance and Repair of Small Equipment
C
C
Massage Therapy4
N
N
Medical Service, General
A
A
Mortuary/Funeral Home
N
A
Nightclub
N
N
Office, Business and Professional
A
A
Personal Services
A7
A
Restaurant
A
A
Retail, General
A
A
Tasting Room
M
M
Tobacco Related Uses
N
N
Tobacco Shop
N
N
Automobile and Vehicle Uses
Auto Parts Sales
A
A
Car Washing and Detailing
N
A
Industrial, Manufacturing, and Processing Uses
Recycling Facility – Collection8
N
C
Notes:
1. Multi-family and Live-Work residential uses are required to be located on the second story or higher within a permanent building; and, each dwelling unit shall contain it’s own bathroom(s), kitchen, and thermostat that is connected to a fully functioning and properly maintained HVAC system.
2. See additional regulations for Emergency Shelters and Transitional Housing Facilities in Chapter 17.76.
3. See additional regulations for Wireless Telecommunication Facilities in Chapter 17.88.
4. See additional regulations for Massage Therapy in Chapter 17.86.
5. See additional regulations for Adult-Oriented Businesses in Chapter 17.70.
6. At least 300 feet from similar use.
7. Laundromat is not included with the definition of Personal Services within CBD Zone 1.
8. Facilities located within 150 feet of a property zoned or used residential shall operate only during the hours of 9 a.m. and 5 p.m.
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 ______, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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