ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING THE ZONING MAP TO APPROVE A PRE-ZONE FOR THE DUTRA ANNEXATION PROJECT (FILE NO. PRZ21-056) WHEREAS, the Manteca City Council at their duly noticed public hearing on October 18, 2022 considered and recommended approval of a Pre-Zoning for the Dutra Annexation (Project) filed by Michael Kiper with KDH Group, LLC, 3200 Danville Boulevard, Suite 200, Alamo, CA 94507; and WHEREAS, the Project consists of the Annexation of 39.51 acres of unincorporated land in San Joaquin County, Pre-Zoning of the annexation area, and a Tentative Map for the 197-unit single-family residential subdivision known as the Dutra Tentative Subdivision project; and WHEREAS, the Manteca Planning Commission, at its duly noticed Public Hearing of September 15, 2022 recommended approval to the City Council for all components of the project, specifically the Pre-Zoning designations of the annexed parcels; 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 39.51 acres of property with the following Assessor Parcel Numbers (APN): 226-17-008 (portion), 226-17-012, -013, -014, -015, -016, -017, and -018; and WHEREAS, the Pre-Zoning Designation for all of the parcels will be One-Family Dwelling (R-1); and WHEREAS, a map identifying the Pre-Zoning designation for these eight 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 City, as the lead agency for the Project, has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the project pursuant to and in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the IS/MND was made available for the statutory 30-day public review period from July 9, 2022 to August 9, 2022, and public comments received were posted and responded to; and WHEREAS, the City Council adopted the IS/MND and a Mitigation Monitoring and Reporting Program with the adoption of Resolution No. 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 all supporting reports by City Staff and public comment and on October 18, 2022 the City Council adopted this Ordinance approving the Pre-Zoning designations for Assessor Parcel Numbers (APN): 226-17-008 (portion), 226-17-012, -013, -014, -015, -016, -017, and -018; and 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 Annexation area per Municipal Code Section 17.10.180 contained in the Planning Commission Staff Report (dated September 15, 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 for parcels 226-17-008 (portion), 226-17-012, -013, -014, -015, -016, -017, and -018.
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 18th day of October, 20, and had its second reading and was adopted and passed during the public meeting of the City Council on the 1st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits
Exhibit “A”- Zoning Designation Map
O22XX-__ Page 2 of 3 Type adopted date of ordinance here O22XX-__ Page 1 of 3 November 1, 2022
ATTACHMENT 1