ORDINANCE O2022__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA STATE OF CALIFORNIA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MANTECA AND SIGNATURE HOMES AND JOANNE M. KIMBROUGH SEPARATE PROPERTY TRUST FOR THE DEVELOPMENT KNOWN AS LUMINA AT MACHADO RANCH WHEREAS, the City of Manteca and Signature Homes and Joanne M. Kimbrough Separate Property Trust desire to enter into a development agreement, as attached herein to this ordinance as Exhibit “A” and titled DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MANTECA AND THE DEVELOPMENT KNOWN AS LUMINA AT MACHADO RANCH (Development Agreement); and WHEREAS, the Manteca City Council at its public hearing of June 7, 2022, considered the Development Agreement for the Lumina at Machado Ranch Subdivision (Project), filed by Stephen Miller, Signature Homes, 4670 Willow Road, Suite 270, Pleasanton, CA 94588; and WHEREAS, the overall project includes an Annexation, General Plan Amendment, -Pre-Zoning, Planned Development Overlay, and Tentative Subdivision Map for an 827-unit Planned Development single-family residential subdivision, located at 20329 South Airport Way, identified by Assessor’s Parcel Number (APN) 241-32-18; and WHEREAS, the Manteca Planning Commission, at its public hearing of April 21, 2022, considered the Development Agreement and adopted a Resolution unanimously recommending City Council’s approval; and WHEREAS, Section 65867.5(b) of the California Government Code states that, “a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan;” and WHEREAS, the City, as the lead agency for the Project, has prepared an Environmental Impact Report for the project pursuant to and 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, about which the City Council made certain findings regarding per Resolution No. R2022-101 and 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 Development Agreement is consistent with the General Plan of the City of Manteca and complies with its objectives and requirements as noted in the Planning Commission staff report from April 21, 2022; 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. The City Council hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement on behalf of the City. The City Council further directs the City Manager, or her designee, to file and post with the County Clerk, pursuant to CEQA, a Notice of Determination regarding the action taken by this Ordinance.
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
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TLTON
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 - Development Agreement with Exhibits
O2022-__ Page 1 of 3 Type adopted date of ordinance here ATTACHMENT 13
ATTACHMENT 1