RESOLUTION R2024-XX
Resolution of the city council of the city of Manteca, state of California, FINDING THE PROJECT EXEMPT FROM CEQA AND approving A CONDITIONAL USE PERMIT (UPJ 24-26), with conditions of approval, for NECTAR MARKETS OF CALIFORNIA WHEREAS, the Manteca Planning Commission at their duly noticed public hearing of June 6, 2024, approved Resolution No. 1660 recommending to the City Council approval of the Conditional Use Permit for Nectar Markets of California; and WHEREAS, at their duly noticed public hearing of June 6, 2024, the Manteca Planning Commission reviewed and considered all written and oral comments and information regarding the project, and the Manteca Planning Commission recommended that City Council find the project exempt from CEQA per § 15301, Class 1, “Existing Facilities.”; and WHEREAS, Nectar Markets of California is located 1519 W. Yosemite Avenue, identified by Assessor’s Parcel Number (APN) 200-150-22; and WHEREAS, the project plans for Nectar Markets of California dated May 20, 2024 are incorporated herewith and attached as Exhibit “A”; and WHEREAS, the project Conditions of Approval for Nectar Markets of California are incorporated herewith and attached as Exhibit “B”; and WHEREAS, the current General Plan land use designation of the project site is NC Neighborhood Commercial and the site is zoned CN Neighborhood Commercial; and WHEREAS, Chapter 5.64 of the Manteca Municipal Code requires a Conditional Use Permit for cannabis retailers to conduct business in the City; 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 THAT the City Council finds the project exempt from CEQA based on the following finding:
The project is exempt per Article 19, 15301, Class 1, “Existing Facilities” because the project involves the minor alteration of a private structure and involves no expansion of an existing commercial building.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council recognizes the appropriateness of Conditional Use Permit UPJ 24-26 and in accordance with Chapter 17.08 of the Manteca Zoning Ordinance hereby approve the Conditional Use Permit for Nectar Markets of California based on the following findings:
The proposed use is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Title in that the proposed cannabis retail use is supported by multiple goals and policies of the General Plan, as well as being consistent with the General Plan land use designation of Neighborhood Commercial. The project will also comply with all requirements of the Zoning Code. This site is not part of a Specific Plan.
The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city in that the proposed use will operate as a retail establishment in an existing commercial building. As part of the proposed use, extra security will be provided, enhancing the safety of the general area. Through adhering to the requirements specific to cannabis retailers, such as buffers to sensitive uses, the proposed use will not negatively affect persons residing or working in the City.
The proposed use is consistent with the purpose of the applicable district or districts in that Cannabis retail use is a conditionally allowed use in the Neighborhood Commercial Zoning District.
The proposed use meets the minimum requirements of Title 17 applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state in that the project is in substantial compliance with the City’s General Plan as well as the City’s Zoning Code. It also satisfies the conditions for a categorical exemption under Section 15301 (Existing Facilities) of CEQA, and supports the City’s Climate Action Plan.
The proposed retailer will be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties in that the proposed development is a tenant improvement, with minimal alterations to the exterior of the building, maintaining the site’s consistency with surrounding properties. The use of the products being sold is prohibited on site; as such, all products will remain in their original packaging, keeping odor to a minimum.
The proposed retailer will be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development in that the proposed use is a tenant improvement in an existing storefront, already developed with the necessary exterior walls, fences, parking, loading, etc.
The proposed retailer will be served by streets and/or alleys adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate in that the proposed site has an existing access to W. Yosemite Avenue and Trevino Avenue and has existing parking. The parking and access were evaluated by City departments and found to be adequate for commercial use.
The proposed retailer will be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose in that the proposed site has existing electricity, sewerage, disposal, water, fire protection and storm drainage facilities. The proposed project was evaluated by applicable City departments and outside agencies and no concerns were raised in regards to providing the before mentioned services.
The proposed retailer meets the following rules relating to proximity to sensitive uses:
For any separation requirements from sensitive uses, the distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to intervening structures in that the City generated a buffer map which created a 600 foot buffer in straight lines from property boundaries of all known sensitive uses in City limits. The proposed location of the cannabis retailer in question was evaluated utilizing this buffer map.
Shall be no closer than 600 feet from any parcel containing any a school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including preschool, transitional kindergarten, and K-12) in that no schools are located within 600 feet of the subject parcel, as determined by the City’s buffer map from sensitive uses.
For a commercial daycare center licensed by the State, County or city or that is in existence at the time the cannabis business permit is issued, or a Youth Center that is in existence at the time the cannabis business permit is issued or at the time the license permit is issued, the distance shall be set at 600 feet in that no commercial daycares or youth centers are located within 600 feet of the subject parcel, as determined by the City’s buffer map from sensitive uses.
Shall be no closer than 600 feet from any substance abuse rehabilitation center or emergency shelter, religious assembly use, park, or library in that no substance abuse rehabilitation center, emergency shelter, religious assembly use, park or library is located within 600 feet of the subject parcel, as determined by the City’s buffer map from sensitive uses.
The proposed retailer is conditioned to require that it maintain a Cannabis Retailer Permit pursuant to Chapter 5.64, and that it at all times conform with the requirements Sections 5.64.360 through 5.46.460, as applicable, and that exercise its Conditional Use Permit within 12 months, consistent with the requirements set forth in Section 5.64.150(B).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, 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 adoption of this Resolution.
This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR: __________________________
GARY SINGH
Mayor
ATTEST: __________________________
Cassandra Candini-Tilton
City Clerk
Attachments:
Exhibit “A” Project Plans dated May 20, 2024
Exhibit “B” Conditions of Approval – UPJ 24-26
R2024-XX Page 1 of 2 June 18, 2024
ATTACHMENT 1