ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING THE ZONING MAP TO APPROVE A PRE-ZONE (FILE NO. PRZ20-42) AND PLANNED DEVELOPMENT OVERLAY (FILE NO. PD20-42) FOR THE LUMINA AT MACHADO RANCH ANNEXATION WHEREAS, the Manteca City Council at its duly noticed public hearing on June 7, 2022, considered and recommended approval of a Pre-Zoning and Planned Development Overlay for the project known as Lumina at Machado Ranch Annexation (Project) filed by Stephen Miller of Signature Homes, 4670 Willow Road, Suite 200, Pleasanton, CA 94588; and WHEREAS, the Project consists of the Annexation of 183.46 acres of unincorporated land in San Joaquin County, Pre-Zoning of the annexation area, a Planned Development Overlay for one parcel in the annexation area, and a Tentative Map for the 827-unit Planned Development single-family residential subdivision known as Lumina at Machado Ranch Subdivision project; and WHEREAS, the Manteca Planning Commission, at its duly noticed Public Hearing of April 21, 2022, recommended approval to the City Council for all components of the project, specifically the Pre-Zoning designations of the annexed parcels and the Planned Development Overlay for the Lumina at Machado Ranch Subdivision project; and WHEREAS, per section 17.10.180 of the Manteca Municipal Code, the purpose of Pre-Zoning is to establish the Zoning District designation for unincorporated property adjoining the city, within the Sphere of Influence when the Annexation of said property is brought before the City Council consistent with California Government Code Section 65859; and WHEREAS, the proposed Project is comprised of 183.46 acres of property with the following 16 Assessor Parcel Numbers (APN): 241-32-018, -005, -006, -007, -008, -009, -011, -012, -013, -014, -015, -021, -023, -027, -028, and -029; and WHEREAS, the Pre-Zoning Designation for the overall Project area will be: PD Planned Development (PD) for parcel with APN 241-32-018; One-Family Dwelling (R-1) for parcels with APNs 241-32-005, -006, -007, -021, -008, and -009; General Commercial (CG) for parcels with APNs 241-32-023, -027, -028, -029, -015, -014, and -011; and Mixed Use Commercial (CMU) for parcels with APNs 241-32-013 and -012; and WHEREAS, a map identifying the Pre-Zoning designation for these 16 Project parcels is attached as Exhibit “A”; and WHEREAS, the pre-zoning of all of the parcels would go into effect upon annexation into the city of Manteca and will ensure compatibility with the General Plan designations within the annexation area; and WHEREAS, the parcel with the APN 241-32-018 is being Pre-Zoned to PD for the Lumina at Machado Ranch Subdivision project, and a Planned Development Overlay is required to be filed in conjunction with a PD zoning designation per Section 17.10.140 of the Municipal Code; and WHEREAS the applicant is requesting a Planned Development Overlay and PD pre-zone to allow for a unique housing product with flexibility in regards to setbacks, design standards, and street treatments as compared to the standard One-Family Dwelling (R-1) zone; and WHEREAS, the City as the lead agency for the Project, has prepared an Environmental Impact Report for the project pursuant to an in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Environmental Impact Report (EIR) was made available for the statutory 45-day public review from October 8, 2021 to November 22, 2021 and public comments received were posted and responded to in the Final EIR; and WHEREAS, the EIR identified one or more significant and unavoidable environmental effects of the project, however the City Council made certain findings regarding these effects per Resolution No. 2022-101 and has adopted a mitigation and monitoring program and a statement of overriding consideration for any impact that may not be reduced to a less than significant level; 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 all supporting reports by City Staff and public comment and on June 7, 2022 the City Council adopted this Ordinance approving the Pre-Zoning designations and Planned Development Overlay for parcel 241-320-18.
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 Pre-Zoning designations for the Project area and the Planned Development Overlay for parcel 241-320-18 per Municipal Code Sections 17.10.140 and 17.10.180 contained in the Planning Commission Staff Report (dated April 21, 2022) and supporting documents, which is hereby incorporated by reference into this Ordinance.
SECTION 2: Amendment. The Zoning Map is hereby amended to allow for the Pre-Zoning designations Planned Development Overlay zone for parcels 241-32-018, -005, -006, -007, -008, -009, -011, -012, -013, -014, -015, -021, -023, -027, -028, and -029.
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 7th day of June, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the 21st day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits
Exhibit A - Zoning Designation Map
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