ORDINANCE O2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING THE ZONING MAP TO APPROVE A PRE-ZONE FOR THE INDELICATO ANNEXATION PROJECT (FILE NO. PRZ21-105) WHEREAS, the Manteca City Council at their duly noticed public hearing on June 20, 2023 considered and recommended approval of a Pre-Zoning for the Indelicato 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 40 acres of unincorporated land in San Joaquin County, Pre-Zoning of the annexation area, a General Plan Amendment, and a Tentative Map for the 173-unit single-family residential subdivision known as the Indelicato Tentative Subdivision project; and WHEREAS, the Manteca Planning Commission, at its duly noticed Public Hearing of June 1, 2023, recommended approval to the City Council for all components of the project, specifically the Pre-Zoning designation of the annexation parcel; 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 identified as Assessor Parcel Number (APN): 204-100-52 and the Pre-Zoning Designation for the parcel will be One-Family Dwelling (R-1); and WHEREAS, the proposed Zoning map is attached as Exhibit “A”; and WHEREAS, the pre-zoning of the parcel will go into effect upon annexation into the City of Manteca and will ensure compatibility with the General Plan designation of LDR Low Density Residential; 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 April 7, 2023 to May 8, 2023, 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. R2023-____; 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 20, 2023 the City Council adopted this Ordinance approving the Pre-Zoning designations for Assessor Parcel Number (APN): 204-100-52; 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 June 1, 2023) and supporting documents, which are hereby incorporated by reference into this Ordinance.
SECTION 2: Amendment. The Zoning Map is hereby amended to allow for the Pre-Zoning designations for parcel 204-100-52.
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
MAYOR
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 20th day of June, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of ______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits
Exhibit A- Zoning Designation Map
O2023-XX Page 2 of 3 Type adopted date of ordinance here O2023-__ Page 1 of 3 Type adopted date of ordinance here ATTACHMENT 7
ATTACHMENT 1