This Title shall apply, to the extent permitted by law, to all
property in incorporated Manteca, whether owned by private persons,
firms, corporations, or organizations; by the United States or any
of its agencies; by the state or any of its agencies or political
subdivisions; by any county or city, including the City of Manteca;
or by any authority or public entity organized under the laws of the
state. Any governmental agency shall be exempt from the provisions
of this Title only to the extent that such property may not be lawfully
regulated by the City.
A. Relationship
to Prior Ordinance. The provisions of this Title, as it existed prior
to the effective date of the ordinance enacting this Title (Ordinance
No. 940), are repealed and superseded as provided in Ordinance No.
1501. No provision of this Title shall validate or legalize any land
use or structure established, constructed, or maintained in violation
of the Title as it existed prior to its repeal by Ordinance No. 1501.
B. Prior
Rights and Violations. The enactment of this Title shall not terminate
or otherwise affect vested land use development permits, approvals,
or agreements authorized under the provisions of any ordinance, nor
shall violation of a prior ordinance be excused by the adoption of
this Title.
C. New
Land Uses or Structures. It shall be unlawful and a violation of the
Manteca Municipal Code for any person to establish, construct, reconstruct,
alter, or replace any use of land or structure, except in compliance
with the requirements of this Title.
D. Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this Title. However, a land use that was lawfully established before this Title was enacted, or before enactment of any applicable amendment to this Title, may continue except as provided in Chapter
17.12 (Nonconforming Uses and Structures). No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter
17.12 (Nonconforming Uses and Structures).
E. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of Article II (Zoning Districts, Allowed Uses, and Development Standards), the subdivision requirements of the City of Manteca Subdivision Code (Title
16 of this Municipal Code), and all other applicable requirements of this Zoning Ordinance.
F. Effect
of Zoning Ordinance Changes on Pending Applications. The enactment
of this Ordinance or amendments to its requirements may have the effect
of imposing different standards on new land uses, development, and/or
structures than those that applied to existing land uses, development,
and/or structures. Following the effective date of this Ordinance,
or any amendments to this Ordinance, the following provisions shall
apply:
1. Pending
Applications. All land use permit applications that have been determined
by the Community Development Department to be complete before the
effective date of this Ordinance, or any amendment, will be processed
according to the regulations in effect when the application was accepted
as complete.
2. Approved
Projects Not Yet Under Construction. Any structure authorized by a
Conditional Use Permit, Site Development Review, Temporary Use Permit,
or Variance, for which construction has not begun as of the effective
date of this Ordinance, or any amendment, may still be constructed
in compliance with the approved permit, as long as construction is
completed and the approved land use is established before the expiration
of the permit or, where applicable, before the expiration of any approved
time extension.
3. Projects
Under Construction. A structure that is under construction pursuant
to a valid building permit on the effective date of this Ordinance,
or any amendment, may be completed and need not be changed to satisfy
any new or different requirements of this Ordinance as long as construction
is beyond the approval of the first inspection on the effective date
of this Ordinance, or any amendment, and provided that construction
is diligently prosecuted to completion. Such a structure shall be
deemed to be a lawfully existing building.
G. Conflicting
Requirements. Wherever conflict occurs between the provisions of this
Title and any other provision of law, the more restrictive of any
such provisions shall apply.
1. Zoning
Code and Municipal Code Provisions. If conflicts occur between requirements
of this Zoning Code, or between this Zoning Code, the Municipal Code,
or other plans and policies adopted by the City, the most restrictive
shall apply.
2. General
Plan. If conflict occurs between the requirements of this Zoning Code
and the adopted City General Plan, the requirements of the General
Plan shall govern.
3. Specific
Plan. If conflicts occur between the requirements of this Zoning Code
and any adopted City Specific Plan, the requirements of the Specific
Plan shall govern.
4. Private
Agreements. This Zoning Code applies to all land uses and development
regardless of whether it imposes a greater or lesser restriction on
the development or use of structures or land than a private agreement
or restriction (for example, CC&Rs) without affecting the applicability
of any agreement or restriction. The City shall not enforce any private
covenant or agreement unless it is a party to the covenant or agreement.
H. Other
Requirements/Permits. Nothing in this Zoning Ordinance eliminates
the need for obtaining any other permits required by the City, or
any permit, approval, or entitlement required by the regulations of
any regional, state, or federal agency.
I. Public
Nuisance. Neither the provisions of this Title nor the approval of
any permit authorized by this Title shall authorize the maintenance
of any public nuisance as defined in this Municipal Code (also see
Section 17.14.040, Violations, Abatement, Penalties, and Remedies).
J. Severability,
Partial Invalidation of Zoning Ordinance. If any portion of this Title
is for any reason held by a court of competent jurisdiction to be
invalid, unconstitutional, or unenforceable, such decision shall not
affect the validity of the remaining portions of this Title. The City
Council hereby declares that this Title and each article, chapter,
section, subsection, paragraph, subparagraph, sentence, clause, phrase,
and portion thereof is adopted, irrespective of the fact that one
or more portions of this Title may be declared invalid, unconstitutional,
or unenforceable.
K. Permit
Streamlining Act. In no case shall the time limit for action required
by this Title for any approving body exceed time limits as set forth
in
Government Code Section 65920 et seq., otherwise known as the Permit
Streamlining Act.
(Ord. 1501 § 1, 2011)
The following activities, land uses, structures, and/or site
improvements are exempt from the permit requirements of this Zoning
Ordinance, but are not exempt from the California Environmental Quality
Act (CEQA) or any requirements resulting from City implementation
of the Act, unless specifically exempted from CEQA:
A. Governmental
Facilities. A building or structure owned, operated, or occupied by
a governmental agency to provide governmental service to the public
and actions prescribed by Federal and/or State law shall be exempt
from this Code.
B. Civic
Improvements and Structures. Site selection and construction of civic
improvements and structures, including roadways; water, sewer and
storm water management systems improvements; park development and
improvements; civic buildings as well as accessory and adjunctive
buildings and structures to support said improvements erected by a
government agency; contractor with a valid contract with a governmental
agency for construction of such improvements shall be exempt from
this Code.
C. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures (e.g., substations), shall be permitted in any zoning district without limit as to height, provided that the route of any electrical transmission line(s) shall be subject to Planning Commission review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Chapter
17.88, Wireless Telecommunication Facilities.
D. Local, State or National Disasters. Pursuant to Section
2.44.060(A)(5) of the Municipal Code, during a declared local, State or National Disaster, all projects, measures and operations considered as essential services to the public health, safety and welfare as determined by the Emergency Director shall be exempt from the provisions of this Code.
(Ord. O2020-03 § 2)