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 (FILE NO. PRZ19-123) AND PLANNED DEVELOPMENT OVERLAY (FILE NO. PD19-126) FOR THE HAT RANCH SUBDIVISION WHEREAS, the Manteca City Council at their duly noticed public hearing on September 19, 2023 considered and recommended approval of a Pre-Zoning and Planned Development Overlay for the project known as Hat Ranch Subdivision (Project) filed by Kyle Masters with Richland Communities, Inc.; and WHEREAS, the Project consists of the Annexation of 184.7 acres of unincorporated land in San Joaquin County, Pre-Zoning of the annexation area, a Planned Development Overlay for the Subdivision, a General Plan Amendment, a Development Agreement, and a Tentative Map for the 738-unit single-family residential subdivision known as the Hat Ranch Subdivision project; 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 Pre-Zoning and Planned Development Overlay; 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, 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 184.7 acres of property with the following Assessor Parcel Numbers (APN): 226-120-01, 226-120-11, and 226-140-04; and WHEREAS, the proposed Pre-Zoning Designations are One-Family Dwelling (R-1), Park (P), and Public/Quasi Public (PQP) with a Planned Development Overlay (PD) over the site other than the 16.1 acres reserved for the school site, all of which are shown on the zoning map attached as Exhibit “A”; and WHEREAS, the applicant is requesting that the site have a Planned Development Overlay, which must be filed concurrently with the rezoning, which will establish development standards to allow for flexibility in development standards for the half-plex homes and clusters ,and reduced driveway setbacks; and these Planned Development Guidelines are attached as Exhibit “B”; and WHEREAS, the pre-zoning 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 Environmental Impact Report (“EIR”) for the Project pursuant to an in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the 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 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 and a statement of overriding consideration for any impact that may not be reduced to a less than significant level; 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 19, 2023 the City Council adopted this Ordinance approving the Pre-Zoning designations and Planned Development Overlay for the Hat Ranch Subdivision.
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 Project area and the Planned Development Overlay for parcels 226-120-01, -11, and -04 per Municipal Code Sections 17.10.140 and 17.10.180 contained in the Planning Commission Staff Report (dated July 6, 2023) 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 Planned Development Overlay Zone for parcels 226-12-01, -11, and -04.
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 19th day of September, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits
Exhibit “A”- Zoning Designation Map
Exhibit “B”- Planned Development Guidelines
O2023-XX Page 4 of 4 September 19, 2023
O2023-XX Page 1 of 4 September 19, 2023
ATTACHMENT 1
ATTACHMENT 1