MEETING DATE: May 15, 2025
APPLICATION NUMBER: MCA 2025-47
RECOMMENDATION: Conduct a Public Hearing and adopt a resolution recommending City Council make the necessary findings and find the Project exempt from further environmental review pursuant to Section 15061(b)(3)) of the California Environmental Quality Act Guidelines and adopt an ordinance amending Table 17.22.020-1 of Section 17.22.020 (Allowed Uses and Required Entitlements) of Title 17 of the Manteca Municipal Code.
Project InFORMATION
APPLICANT
City of Manteca
LOCATION
City-wide
GENERAL PLAN DESIGNATION
Downtown (DW), Commercial (C), Public Quasi-Public (PQP) ZONING
Mixed Use Downtown (DMU), Neighborhood Commercial (CN), Public Quasi-Public (PQP)
PROPOSED AMENDMENTS
Amend the entitlement permit type for several uses
Project Description
Applicable Codes and Procedures
MMC 17.10.190 Zoning Amendment (Text and Map)
MMC Chapter 17.08 General Application Processing Procedures MMC 17.22.020 Allowed Uses and Required Entitlements
Public Resources Code § 21000 et. seq.
This Municipal Code Amendment proposes to amend the entitlement “permit” type requirement for several uses identified within Table 17.22.020-1 of Section 17.22.020 17.22.020 (Allowed Uses and Required Entitlements) of Title 17 of the Manteca Municipal Code. The amendment largely focuses on uses within the Mixed-Use Downtown (DMU) zone district that because of their general operating nature may require additional review, may be incompatible with the purposes and intent of the DMU zone, or may be inconsistent with State law. The amendment also addresses inconsistencies between the Zoning Code and the General Plan that prevent several projects currently under review from moving forward within Neighborhood Commercial (CN) and Public Quasi-Public (PQP), all of which are further discussed below.
The table below is an excerpt of the uses with a proposed amended entitlement “permit” type. The Zoning Code identifies allowed uses and corresponding requirements for planning permits for all Base Zoning Districts within the City of Manteca. In the table below, an "A" indicates that the land use is permitted by right, a "C" indicates that the land use is permitted in the designated Zoning District upon issuance of a Conditional Use Permit, an "M" indicates that the land use is permitted in the designated Zoning District upon issuance of a Minor Use Permit, and an "N" indicates that the use is not allowed. Additionally, uses are grouped into multiple categories, such as residential uses; agricultural and animal-related uses; retail, service, and office uses, etc.
Conditional use permits are subject to Planning Commission discretion unless appealed to the City Council. Minor use permits are subject to the Development Services Director's discretion unless appealed to the Planning Commission. By-right allowed uses are only subject to applicable development standards of the base zone and are generally limited to a site plan and design review entitlement.
Figure 1 – Amended land use table
Table 17.22.020-1 Allowed Uses and Required Entitlements for Manteca’s Base Zoning Districts Mixed Use Downtown (DMU)
Land Use/Zoning District
Current
Proposed
Residential Uses
Emergency Shelter^{2}
A
N
Family Day Care Home, Large^{19}
M
A
Agricultural and Animal-Related Uses
Animal Sales and Grooming
A
M
Veterinary Facility^{7}
A
C
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Church/Place of Worship
A
C
School, Academic-Private
A
C
School, Equipment/ Machinery/
Vehicle Training
C
N
Theater/ Auditorium
A
M
Utility, Transportation, Public Facility, and Communication Uses Wireless Telecommunication
Facility – Minor^{9}
A
M
Retail, Service, and Office Uses
Adult Day Health Care Center
A
N
Brew Pub
A
M
Child Day Care Center
A
C
Convenience Store
A
C
Grocery Store/ Supermarket
A
C
Home Improvement Supplies
C
M
Massage Therapy^{15}
A
C
Medical Services, Extended Care
A
N
Medical Services, General
A
N
Medical Services, Hospital
C
N
Mobile Food Vending^{21}
A
M
Mortuary/ Funeral Home
A
N
Neighborhood Market
A
C
Personal Services
A
M
Tasting Room
A
M
Automobile and Vehicle Uses
Auto Parts Sales
A
M
Neighborhood Commercial (CN)
Retail, Service, and Office Uses
Hotel and Motel
N
C
Public Quasi-Public (PQP)
Retail, Service, and Office Uses
Medical Services, General
N
M
Medical Services, Hospital
N
C
PROJECT LOCATION AND DESCRIPTION
The DMU zone district is generally in a concentrated central area of the City, meanwhile, the CN and PQP zoning districts are disbursed throughout the City. The map below shows parcels that are currently zoned DMU, CN, and PQP.
Figure 2 – DMU, CN, PQP Zoned Parcels
Analysis
General Plan Implementation Program LU-1b compels the City to regularly review and revise the Zoning Code, often in the form of City-initiated zoning text amendments. This amendment will ensure further implementation of the 2043 General Plan’s Goals and Policies as follows.
Mixed Use Downtown (DMU)
General Plan: Land Use Element Policy LU-1b & LU 6
Provide for a Downtown zone that permits the vibrant mixing of residential, commercial, office, business-professional, and institutional uses within the Central Business District. …increase the presence of mixed-use development to revitalize Downtown and aging commercial centers and create vibrant centers in new growth areas.
Zoning: This designation allows retail and service commercial, office, and multiple-family residential uses designed to improve the vibrancy and maintain the pedestrian-scale character of the Downtown.
Based on the purpose and intent of the Downtown Land Use and zone, there is a desire for a mix of retail and commercial goods and services that are collectively compatible with one another, are equitability diverse, and are not an oversaturate of the general public’s needs. The proposed amendments to the uses in the DMU zone are intended to ensure compatibility by either not allowing uses that are generally not compatible with downtown districts or ensuring compatibility by requiring a minor use permit or conditional use permit. Uses that are currently allowed by-right in the DMU may have operational characteristics or site development needs that merit further discretionary review as a user’s operating hours, noise levels, or ancillary activities may create an unwarranted nuisance for the surrounding uses and properties.
Neighborhood Commercial (CN)
General Plan: Land Use Element Policy LU-4.5
…the development of neighborhood-serving commercial uses in areas where frequently needed goods and services are not widely available.
Zoning: Serving neighborhood needs, this district is locally oriented, providing retail and service uses, offices, restaurants, grocery stores, and service stations.
Based on the purpose and intent of the Commercial Land Use and Neighborhood Commercial zone, there is a desire to allow services in proximity to residential uses that may otherwise not be provided in other areas. The proposed amendment entails allowing hotels/motels in Neighborhood Commercial zones subject to the approval of a conditional use permit. While hotels and motels may have specific or unusual site development features, through the conditional use permit process, each proposed hotel or motel in the CN zone would be reviewed for site design and operating compatibility with surrounding land uses to prevent undesirable nuisances associated with the use.
Public/Quasi-Public (PQP)
General Plan: Land Use Element Policy LU-5.3 & LU-7.2
Encourage the expansion of business professional uses around the civic center and both Doctors and Kaiser Permanente hospitals.
Designat[ion of] adequate land, appropriately located for quasi-public uses such as hospitals, churches, private school facilities, and utility uses.
Zoning: This designation provides for government-owned facilities, public and private schools, institutions, civic uses and public utilities, and quasi-public uses such as hospitals and religious institutions.
Based on the purpose and intent of the Public Quasi-Public Use and zone, there is a desire to allow uses that are general services or needs to City residents which can include governmental and non-governmental uses and facilities. For example, the amendment proposes allowing hospitals and medical facilities in the PQP zone which is supported by the General Plan’s Goals and Policies. Because of the unique site development and operating characteristics, hospitals may be allowed subject to approval of a conditional use. General medical services, such as medical and dental offices may be permitted subject to a minor use permit due to their less intensive operating characteristics.
Zoning Amendment Findings
Zoning Amendments may be granted only when the City Council can make the following findings:
The proposed Zoning Amendment (text or map) is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs.
Analysis: The proposed zoning text amendment will be directly implementing the 2043 General Plan Goals and Policies that include but are not limited to; LU-1b & LU 6, LU-4.5, LU-5.3 & LU-7.2, and specifically General Plan Implementation Program Lu-1b.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Analysis: The amendments are not project specific and are carefully structured to prevent adverse impacts on public interest, safety, or welfare. By shifting certain uses to discretionary permitting processes (MUP/CUP) or not allowing certain uses, the City enhances its ability to regulate potentially incompatible developments and respond to the unique characteristics of each site and surrounding neighborhood. Rather than being detrimental, the amendments reflect a proactive planning strategy that safeguards community wellbeing, ensures service accessibility, and promotes sustainable land use practices.
The amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
Analysis: The amendments being proposed do not entail allowing uses previously not considered nor does it include approval of a project specific site, it was determined that it can be seen with certainty that there is no possibility that the Project in question may have a significant effect on the environment, and therefore, the Project is exempt from further CEQA review pursuant to CEQA Guidelines 15061(b)(3)).
If a map amendment, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/development.
Analysis: The amendment does not include rezoning of a property.
If a text amendment, the amendment is internally consistent with other applicable provisions of this Zoning Code.
Analysis: The proposed amendments are internally consistent with the overarching purpose, structure, and regulatory framework of the Zoning Code. Each amendment reinforces the existing intent of its respective zoning district while enhancing implementation through improved land use control mechanisms, such as minor use permits (MUPs) and conditional use permits (CUPs).
Based on the above analysis, Planning staff recommends that the City Council adopt an ordinance for zoning text amendment application MCA 2025-47.
CLIMATE ACTION PLAN CONSISTENCY
While the specific amendments being proposed are not contemplated by the Climate Action Plan, the amendments will allow for future projects in the DMU, CN, and PQP to be thoroughly vetted for compliance and implementation of the following strategies:
MUD-2. The City shall encourage mixed-use residential developments that either allow for sufficient population to support commercial development within the project or are constructed in an area with an existing variety of commercial development within walking distance and is already supported by surrounding residential development.
MUD-3. The City shall encourage master planned areas to designate areas within the plan suitable for mixed-use development.
MUD-4. The City shall encourage downtown infill and redevelopment projects that provide housing in suitable sites to increase activity that would support commercial businesses.
ENVIRONMENTAL REVIEW:
The proposed zoning text amendment, the “Project”, is subject to CEQA Guidelines and it was determined that it can be seen with certainty that there is no possibility that the Project in question may have a significant effect on the environment, and therefore, the Project is exempt from further CEQA review pursuant to CEQA Guidelines 15061(b)(3)).
Report prepared by: Jesus R. Orozco, Deputy Director – Planning Attachments:
Planning Commission Resolution
Draft Ordinance
Project Presentation
Reviewed by:
_________________________________________________ _____________ Brad Wungluck, Interim Development Services Department Director Date
City of Manteca Planning Commission
AGENDA REPORT