ORDINANCE O2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MANTECA AND RICHLAND PLANNED COMMUNITIES, INC. FOR THE DEVELOPMENT KNOWN AS HAT RANCH WHEREAS, The City of Manteca and Richland Planned Communities, Inc. desire to enter into a development agreement (the “Development Agreement ” herein attached to this ordinance as Exhibit A titled DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MANTECA AND RICHLAND PLANNED COMMUNITIES INC.; and WHEREAS, the Manteca City Council at their public hearing of September 19, 2023, considered the Development Agreement for the Hat Ranch Annexation Project (Project), filed by Kyle Masters with Richland Planned Communities, Inc.; and WHEREAS, the overall Project includes an Annexation, General Plan Amendment, Pre-Zoning, Planned Development Overlay, Development Agreement, and Tentative Subdivision 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 their public hearing of July, 6 2023 considered the Hat Ranch Project except for the Development Agreement as negotiations were not complete at that time, and recommended approval in a 2-1 to the City Council; 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 at their public hearing of September 7, 2023 considered the Hat Ranch Development Agreement, and recommended approval 3-0 to the City Council; 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 designated approving authority for Development Agreements is the City Council, and the Planning Commission is only the recommending body, and the City Council may, at their discretion approve or deny the project; 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 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 considerations for any impact that may not be reduced to a less than significant level; and WHEREAS, Section 65867.5(b) of the State Government Code states that, “a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan”; and, WHEREAS, the Development Agreement is consistent with the General Plan of the City of Manteca and complies with its objectives and requirements as noted in the staff report dated September 7, 2023; 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 Development Agreement for the Project area for parcels 226-120-01, -11, and -04 per Municipal Code Sections 17.10.150 contained in the Planning Commission Staff Report (dated September 7, 2023) and supporting documents, which is hereby incorporated by reference into this Ordinance.
SECTION 2: Amendment. The City Council hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement on behalf of the City. The City Council further directs the City Manager, or her designee, to file and post with the County Clerk, pursuant to CEQA, a Notice of Determination regarding the action taken by this Ordinance.
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-TLTON
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”: Development Agreement with Exhibits
O2023-XX Page 2 of 3 October 3, 2023
O2023-XX Page 1 of 3 October 3, 2023
ATTACHMENT 4
ATTACHMENT 4