A. 
Title. This Title shall be known and cited as the "Manteca Zoning Ordinance," the "Zoning Ordinance," the "Manteca Zoning Code," "this Ordinance," "this Code" or "this Title."
B. 
Authority. This Zoning Title is adopted pursuant to the authority vested in the City of Manteca by the State of California, including, but not limited to, Article XI, Section 7 of the Constitution of the State of California, the Planning and Zoning Law (Government Code Sections 65000 et seq.), the Subdivision Map Act (California Government Code Sections 66410 et seq.), and the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.).
(Ord. 1501 § 1, 2011)
A. 
Purpose. The purpose of the Zoning Ordinance is to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare as well as to set forth and coordinate City regulations governing the development and use of land in accordance with the City of Manteca General Plan. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:
1. 
To provide a precise guide for the physical development of the City in such a manner as to progressively achieve the arrangement of land uses depicted in the Manteca General Plan consistent with the goals and policies of the General Plan;
2. 
To facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals;
3. 
To foster a harmonious, convenient, and workable relationship among land uses to help ensure the provision of adequate water, sewer, transportation, off-street parking and off-street loading facilities, drainage, parks, open space, and other public and community facilities and institutions;
4. 
To promote the stability of existing land uses that conform with the General Plan and to protect them from inharmonious influences and harmful intrusions;
5. 
To ensure that public and private lands are ultimately used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole;
6. 
To protect and enhance real property values;
7. 
To ensure compatibility between residential and nonresidential development and land uses;
8. 
To conserve and protect the City's natural resources and features, such as creeks, significant trees, and historic and environmental resources;
9. 
To safeguard and enhance the appearance of the City and its established character and the social and economic stability of agricultural, residential, commercial, industrial, and other types of improved areas.
B. 
Intent. This Zoning Ordinance is intended to:
1. 
Apply to all private, public, quasi-public, institutional, and public utility properties, and all other lands, buildings, and structures within the incorporated area of the City.
2. 
Be consistent with the provisions of Government Code Section 65920 et seq. (the Permit Streamlining Act). Nothing in this Title shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this title that are legislative in nature or that require both adjudicatory and legislative judgments.
3. 
Indicate the nature of prezoning and future zoning of lands beyond the City limits in the City's Sphere of Influence.
(Ord. 1501 § 1, 2011)
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)