RESOLUTION R2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCo) FOR THE ANNEXATION OF THE HAT RANCH PROJECT AREA UNDER THE NEW TAX SHARING AGREEMENT (FILE NO. ANX19-122) WHEREAS, the City Council of the City of Manteca, at its duly noticed public hearing on September 19, 2023, considered an Annexation for the Hat Ranch Annexation Project (Project) filed by Kyle Masters with Richland Communities, Inc.; and WHEREAS, the Project consists of an Annexation, General Plan Amendment, Pre-Zoning, Planned Development Overlay, Development Agreement, and Tentative Map for a 738-unit, single-family residential subdivision, identified by Assessor’s Parcel Numbers (APN) 226-120-001, -04, and -11; and WHEREAS, the Manteca Planning Commission, at its duly noticed Public Hearing of July 6, 2023, recommended approval in a 2-1 vote to the City Council for all components of the project, specifically this Annexation; and WHEREAS, two members of the Planning Commission and the Planning Commission Alternate were required to recuse themselves from the hearing on the Project given their proximity to the Project; and WHEREAS, the Manteca Planning Commission is only a recommending body to the City Council for all components of the Project, and the Manteca City Council may, at their discretion approve or deny the Project; and WHEREAS, the City Council of the City of Manteca still desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Act of 2000, commencing with Section 56000 of the California Government Code, to pre-zone and annex approximately 184.7 acres of property; and WHEREAS, the 184.7-acre parcel for annexation has the APNs 226-120-01, 226-120-11, 226-140-04, and the Annexation Map showing these parcels is attached as Exhibit “A”, and the legal description describing the parcels is attached to this resolution as Exhibit “A1”; and WHEREAS, the annexation area is located at the southern edge of the City of Manteca’s Sphere of Influence (“SOI”) where development is envisioned to occur in the next five to ten years and development of the Project site under the jurisdiction of the City of Manteca is in the best interest of the residents of the City of Manteca; and WHEREAS, the City, as the lead agency for the Project, has prepared an Environmental Impact Report (“EIR”) for the Project pursuant to and in accordance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Draft EIR was made available for the statutory 45-day public review period from September 8, 2022 to October 24, 2022, and public comments received were posted and responded to in the Response to Comments Document; and WHEREAS, the Final EIR (consisting of the Draft EIR and the Response to Comments Document) identified one or more significant and unavoidable environmental effects of the Project, about which the City Council made certain findings regarding these effects per Resolution No. R2023-____ and has adopted a mitigation monitoring and reporting program (“MMRP”) and a statement of overriding considerations for any impact that may not be reduced to a less than significant level; and WHEREAS, the City of Manteca and the County of San Joaquin are currently negotiating a new tax sharing agreement that offers a more advantageous tax split than the current 80/20 tax sharing agreement; and WHEREAS, there is a long term fiscal benefit of the proposed annexation that is more advantageous under a 60/40 tax-sharing agreement as identified in the Fiscal Analysis attached to this Resolution as Exhibit “B”; and WHEREAS, the Notice of Completion for the annexation will not be permitted to be recorded until the new tax sharing agreement is executed between the City and the County; and WHEREAS, the City Council weighed the evidence presented at this public hearing and in the staff report and accompanying documents, including the Final EIR and MMRP; and WHEREAS, the City of Manteca City Council has authorized initiation of proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for an amendment to the City of Manteca’s established incorporated City Limits; and WHEREAS, the San Joaquin County Local Agency Formation Commission (“LAFCo”) is the approving authority for changes to the City’s boundary; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s approval of the annexation and authorization of City Staff to make an application to LAFCo for annexation of the 184.7-acre project area in the form presented with the accompanying staff report for the Hat Ranch Project File No. ANX19-122.
2. This Resolution shall take effect in accordance with applicable law.
I HEREBY CERTIFY that the foregoing Resolution was introduced and passed at a regular meeting of the City Council of the City of Manteca at a duly noticed public hearing meeting of said City Council held on the 19th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits:
Exhibit “A”- Annexation Map
Exhibit “A1”- Legal Description
Exhibit “B”- Fiscal Analysis
R2023-XX Page 3 of 3 September 19, 2023
R2023-XX Page 1 of 3 September 19, 2023
ATTACHMENT 4
ATTACHMENT 4