ORDINANCE O2023-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING THE ZONING MAP TO APPROVE A MASTER PLAN REZONE (FILE NO. SPP22-061) FOR THE YOSEMITE SQUARE SUBDIVISION (SCH Number 2022060705) WHEREAS, the City Council of the City of Manteca, at its duly noticed public hearing on September 20, 2022, considered a Master Plan Rezoning for the Yosemite Square Subdivision filed by Kevin Fryer with Yosemite Square Owner LPV, LLC, 8888 San Clemente, Suite 10, Newport Beach, CA 92660; and WHEREAS, the Yosemite Square Project Area consists of five parcels totaling approximately 137.5 acres identified as Assessor’s Parcel Numbers (APNs) 228-020-32, -33, -37, and 228-020-40; and bounded by State Route 99 to the west and Austin Road to the east; and WHEREAS, the Project consists of a Master Plan Rezoning, General Plan Amendment, and Tentative Subdivision Map for 814 units on 137.5 acres of land within the City of Manteca; and WHEREAS, the Manteca Planning Commission, at its duly noticed Public Hearing of August 18, 2022, recommended denial to the City Council for all components of the project, specifically the adoption of the Master Plan Rezoning Ordinance; and WHEREAS, the current zoning for the project site is Master Plan which includes development standards for low density residential uses and both the high density residential component and the Business Industrial Park component; and WHEREAS, the applicant has requested a Master Plan Amendment which will rezone the site from MP Master Plan to MP Master Plan which will account for a change in allowed uses on approximately 48.5 acres. The Master Plan Amendment provides guidance for future development within the master plan area and ensures the future development is well designed, is sustainable, and compliments the surrounding area; and WHEREAS, the pursuant to Manteca Municipal Code Section 17.28.030, the Yosemite Square 2022 Master Plan document will be adopted as part of the Manteca Municipal Code; and WHEREAS, the applicant is compliant with SB 330 in that the conversion of 31.2 BIP acres to medium density residential will account for the loss of 17.3 acres of high density residential use; and WHEREAS, the legal description for the area to be rezone from Master Plan to Master Plan is attached as Exhibit “A”; and WHEREAS, the rezoning of all of the parcels would go into effect 30 days after the second reading of the proposed Ordinance; and WHEREAS, an Initial Study/Mitigated Negative Declaration with Mitigation Monitoring Program was prepared and circulated through the State Clearing House for a 20-day public review period from July 15, 2022 to August 3, 2022 in compliance with the provisions of the California Environmental Quality Act (CEQA) (SCH Number 2022060705) ; 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 September 20, 2022 the City Council adopted this Ordinance approving the rezoning from Master Plan to Master Plan; 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: Findings. The City Council hereby adopts, as its own, the findings required to approve the Rezoning to Master Plan per Municipal Code Sections 17.10.120 and 17.28.30 contained in the Planning Commission Staff Report (dated August 18, 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 rezoning from Master Plan to Master Plan for parcels 228-020-32, -33, -37, and 228-020-40.
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: ___________________________
GARY SINGH
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 21st day of March, 2023, 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
Exhibits
Exhibit “A”- Legal Description
O2023-__ Page 3 of 3 March 21, 2023
O2023-__ Page 1 of 3 March 21, 2023
ATTACHMENT 5
ATTACHMENT 5