The purpose of this Chapter is to establish procedures for administering all planning- and zoning-related land use entitlements required and regulated by the City in accordance with this Title.
(Ord. 1501 § 1, 2011)
Each land use entitlement is described in this Chapter in terms of purpose and applicability, Approving Authority, and unique processing provisions. Exemptions to permit requirements are listed throughout this Title. General processing procedures are established in Chapter 17.08 (General Application Processing Procedures). Provisions for Tentative Maps, Parcel Maps, and Final Maps are identified in Title 16 of this Municipal Code.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of the Zoning Conformance Approval is to ensure that all new and modified uses and structures comply with applicable provisions of this Title, using simple administrative plan check procedures.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Zoning Conformance Approval.
D.
Procedure. The Zoning Conformance Approval process will be conducted by the Community Development Director as part of the building permit, land use entitlement, or other City application review. No public hearing is required for a Zoning Conformance Approval.
E.
Approval Findings. Zoning Conformance Approval shall be granted only when the Community Development Director finds the proposal to be in conformance with all applicable provisions of this Title. The Community Development Director shall evidence his/her finding of the Zoning Conformance Approval by affixing his/her signature to the building permit application, business license application, or other such permit requiring a Zoning Conformance Approval.
F.
Determinations. The determination of the Community Development Director shall be final on the date of decision. The decision shall be mailed to the applicant within five working days after the date of decision. There shall be no appeal from a decision of the Community Development Director made on a Zoning Conformance Approval.
(Ord. 1501 § 1, 2011)
A.
Purpose and Applicability. All possible uses may not be listed within the provisions of this Title, and new uses may evolve over time. When a particular use is not specifically listed in this Zoning Ordinance and it is unclear whether the use is permitted, the provisions established in this Chapter allow the Approving Authority, by formal action, to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted in a particular Zoning District.
B.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Similar Use Determinations.
C.
Procedure. This process will be conducted by the Community Development Director as part of building permit review, land use entitlement, or other City application review. No public hearing is required for a Similar Use Determination.
D.
Approval Findings. In determining "similarity," the Approving Authority shall make all of the following findings:
1.
The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity or population density than the uses listed in the Zoning District.
2.
The proposed use will be consistent with the purposes of the applicable Zoning District.
3.
The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Zoning Ordinance.
E.
Record and Notification of Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Community Development Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties within five working days after the date of decision. The notice shall include:
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of allowing reasonable accommodation is to provide a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide persons with disabilities reasonable accommodation in rules, policies, and procedures that may be necessary to ensure equal access to housing.
B.
Requesting Reasonable Accommodation
1.
In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.
2.
If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the Community Development Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
3.
A request for reasonable accommodation with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Community Development Director at the time that the accommodation may be necessary to ensure equal access to housing.
C.
Required Information. The applicant shall provide the following information when requesting reasonable accommodation:
1.
A completed City application indicating, among other things, the applicant name, address, and telephone.
2.
The address of the property for which the request is being made.
3.
The current actual use of the property.
4.
The Zoning Ordinance provision, regulation, or policy from which reasonable accommodation is being requested.
5.
The basis for the claim that the person(s) for whom the reasonable accommodation is sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s).
6.
Such other relevant information as may be requested by the Community Development Director.
D.
Approving Authority. The Community Development Director shall be the designated Approving Authority for reasonable accommodation.
E.
Procedure
1.
When a request for reasonable accommodation is filed with the Community Development Director, the request will be reviewed and considered as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City's setbacks or design standards. Typical improvements considered to be "ministerial" in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The Community Development Director shall issue a written determination of his or her action within 30 days of the date of receipt of a completed application and may:
a.
Grant or deny the accommodation request; or
b.
Grant the accommodation request subject to specified nondiscriminatory condition(s); or
c.
Determine that the request for reasonable accommodation is nonministerial in nature and forward the request to the Planning Commission. The request will be considered by the Planning Commission in accordance with Section 17.10.130 (Conditional Use Permit) and shall be subject to the findings stated in Subsection 17.10.050(F) (Approval Findings).
2.
All written determinations of actions of the Community Development Director shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
3.
If necessary to reach a determination or action on the request for reasonable accommodation, the Community Development Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
F.
Approval Findings. In making a determination regarding the reasonableness of a requested accommodation, the Approving Authority shall make the following findings:
1.
The housing which is the subject of the request for reasonable accommodation will be used for an individual protected under the Fair Housing Act.
2.
The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Act.
3.
The requested reasonable accommodation does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
(Ord. 1501 § 1, 2011)
A.
Purpose and Intent. The purpose of Site Plan and Design Review is to provide a process to promote excellence in site planning and design, to encourage the harmonious appearance of buildings and sites, to ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area, and to produce an environment of stable, desirable character.
B.
Applicability. There are two categories of Site Plan and Design Review, depending on the type of project as follows:
1.
Minor Site Plan and Design Review. A Minor Site Plan and Design Review entitlement is required for changes in use or modifications to existing multi-family and nonresidential uses and structures that are exempt from state environmental review requirements as outlined in the California Environmental Quality Act (CEQA).
2.
Major Site Plan and Design Review. A Major Site Plan and Design Review entitlement is required for new multi-family and nonresidential uses and structures. Additionally, Major Site Plan and Design Review is required for changes in use or modifications to existing multi-family and nonresidential uses and structures that are not exempt from state environmental review requirements as outlined in the California Environmental Quality Act (CEQA).
C.
Approving Authority. The designated Approving Authority for the two categories of Site Plan and Design Review is as follows:
D.
E.
Considerations. In conducting a Site Plan and Design Review, the designated Approving Authority shall consider the following:
1.
Site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;
2.
Traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development;
3.
Availability of City services, including, but not limited to, water, sewer, drainage, police and fire, and whether such services are adequate based on City standards.
F.
Approval Findings. The designated Approving Authority shall make all of the following findings to approve or conditionally approve a Site Plan and Design Review application:
1.
The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, Improvement Standards, and other applicable standards and regulations adopted by the City;
2.
The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
3.
The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and complements the existing surrounding environment and ultimate character of the area under the General Plan; and
4.
The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements, establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties.
G.
Conditions of Approval. The Approving Authority may modify plans, in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood. Specifically, the Approving Authority may require that the plans address issues related to ingress, egress, internal traffic, circulation, lighting, signage, landscaping and screening, architectural design, and other factors to ensure that the project is compatible with the surrounding neighborhood if a potential conflict exists, or to otherwise comply with relevant design guidelines.
H.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
I.
Appeals. Appeal of the Approving Authority's action on the request for Site Plan and Design Review entitlement shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
J.
Expiration. Site Plan and Design Review approvals shall expire 24 months from the date of approval. A one-year extension may be granted pursuant to Section 17.08.120 (Time Limits and Extensions). This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
(Ord. 1501 § 1, 2011)
A.
Purpose. Minor Use Permits provide a mechanism for administrative review. Minor Use Permits are for those uses that are exempt from CEQA review and that are expected to have minimal impacts and effects on surrounding uses.
B.
Applicability. A Minor Use Permit is required for those land uses shown with an "M" in Table 17.22.010-1 (Allowed Uses and Required Entitlements for Manteca's Base Zoning Districts).
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Use Permits.
D.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Minor Use Permit.
E.
Approval Findings. Whenever authorized by ordinance, the Approving Authority may issue a Minor Use Permit when he or she finds as follows:
1.
The proposed use is consistent with the General Plan, any applicable Specific Plan, and the provisions of this Title.
2.
The proposed use is consistent with the purpose of the applicable district or districts.
3.
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity.
4.
The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, Improvement Standards, and other applicable standards and regulations adopted by the City.
F.
Conditions of Approval. Whenever any Minor Use Permit is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
(Ord. 1501 § 1, 2011)
A.
Purpose. Temporary Use Permits provide a mechanism for administrative review and determinations for proposed short-term activities as listed in Chapter 17.84 (Temporary Uses) and to ensure that entitlements are consistent with the General Plan and provisions of the Zoning Code. Temporary uses may not meet the normal development or use standards of the applicable Zoning District, but may be acceptable because of their temporary nature. The Temporary Use Permit applicant must demonstrate that the application is consistent with code requirements.
B.
Applicability. A Temporary Use Permit is required for temporary uses including, but not limited to, carnivals, circuses, religious revivals, Christmas tree lots and pumpkin farms, animal shows or displays, and food stands.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Temporary Use Permits.
D.
E.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Temporary Use Permit.
F.
Approval Findings. The Approving Authority shall make the following findings to approve or conditionally approve a Temporary Use Permit application:
1.
The proposed use is a temporary use and will be limited to a specific duration of time, as established in the Temporary Use Permit.
2.
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
3.
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
4.
The use, as described and conditionally approved, will not function or be located in a manner that restricts access to any required parking spaces.
5.
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
6.
The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Approving Authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is terminated.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
H.
Conditions of Approval. In approving a Temporary Use Permit, the Approving Authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
A.
Purpose. The Master Sign Program provides a process for Community Development Director review and decisions related to requests for signs for multi-tenant projects. The intent is to allow the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, and to encourage design flexibility without circumventing the intent of this Code.
B.
Applicability. A Master Sign Program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant or mixed-use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities.
C.
Approving Authority. The designated Approving Authority for a Master Sign Program is the Community Development Director.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Master Sign Program.
E.
Approval Findings. The Approving Authority may approve a Master Sign Program with the finding that the proposed sign plan complies with the standards and requirements of this Title. Master Sign Programs which do not clearly meet such requirements shall be referred to the Planning Commission.
F.
Conditions of Approval. Whenever any Master Sign Program is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
(Ord. 1501 § 1, 2011)
A.
Purpose. Minor Zone Modifications provide limited relief from the strict application of development requirements specified by this Title in order to promote uniform development or relieve an unreasonable hardship.
B.
Applicability. Minor Zone Modifications apply to the requests for minor deviation from any of the following development standards:
1.
Maximum 10 percent waiver of off-street parking and loading requirements, including the number of spaces required or the amount of landscaped area required by Chapter 17.52 (Parking) of this Title.
2.
Yards, lot coverage, height, lot area, lot width, and lot depth requirements. A 10 percent maximum waiver may be granted if no other structures exist on the site; a 20 percent maximum waiver may be granted for additions to existing structures.
3.
Maximum 10 percent waiver of open space requirements for residential development.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Zone Modifications.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). The City shall provide notice of hearing in compliance with Section 17.08.050 (Public Hearing and Public Notice). The notice shall state that the Community Development Director will decide whether to approve or disapprove the Minor Zone Modification application on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested party prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.08.050 (Public Hearing and Public Notice), and the Community Development Director shall conduct the public hearing prior to a decision on the application.
E.
Approval Findings. The Approving Authority shall make all of the following findings to approve or conditionally approve a Minor Zone Modification application:
1.
The modification does not exceed the limits specified in this section.
2.
The granting of the modification will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing in the neighborhood.
3.
The modification, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
4.
The granting of the modification either would promote the uniformity in development on the lot or in the area or would alleviate an unreasonable hardship imposed by the strict application of the requirements of this Title.
F.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
G.
Conditions of Approval. In approving a Minor Zone Modification, the Approving Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
A.
Purpose and Applicability. Minor Plan Modifications provide for minor modifications to previously approved plans or permits where the change is in substantial conformity with the approved plan or permit.
B.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Plan Modifications.
C.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). The City shall provide notice of hearing in compliance with Section 17.08.050 (Public Hearing and Public Notice). The notice shall state that the Community Development Director will decide whether to approve or disapprove the Minor Plan Modification application on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested party prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.08.050 (Public Hearing and Public Notice), and the Community Development Director shall conduct the public hearing prior to a decision on the application.
D.
Approval Findings. The Approving Authority shall make the following findings to approve or conditionally approve a Minor Plan Modification application:
1.
The modification is in substantial conformance with the previously approved plan or permit.
2.
The modification is in compliance with all applicable provisions of this Title.
3.
The modification will not create impacts substantially different from those of the project as previously approved.
4.
The granting of the modification will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city.
E.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
F.
Conditions of Approval. In approving a Minor Plan Modification, the Approving Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
A.
Purpose. In accordance with California Government Code Section 65906, variances from the development standards and provisions of this Title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, and location of surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and within the same Zoning District. A Variance approval is required to grant exception from any of the development standards and provisions of this Title. Any Variance granted is subject to such condition as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity and zone in which the property is situated.
B.
Applicability. A Variance may not be granted to waive or modify any of the following requirements of this Zoning Ordinance:
C.
Approving Authority. The designated Approving Authority for a Variance is the Planning Commission. The Planning Commission may, upon its own motion or upon the verified application of any interested parties, initiate proceedings for the granting of a Variance. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, denies, or denies without prejudice the Variance in accordance with the requirements of this Title.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Variance.
E.
Required Findings for a Variance. The Approving Authority may approve and/or modify any Variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:
1.
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and within the same Zoning District.
2.
Granting the Variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and Zoning District and denied to the property owner for which the Variance is sought.
3.
Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4.
The Variance is consistent with the General Plan, any applicable Specific Plan or Development Agreement, and the intent of this Title.
F.
Conditions of Approval. In approving a Variance, the Approving Authority:
1.
Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitation on other properties in the vicinity and the Zoning District in which the property is located.
2.
May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this Chapter.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of the Conditional Use Permit is for the individual review of uses, typically having unusual site development features or operating characteristics, including the request to expand or modify a nonconforming use or structure. Conditional Use Permits are intended to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements or objectives of the General Plan.
B.
Applicability. A Conditional Use Permit is required for all uses specifically identified as requiring a Conditional Use Permit in Article II (Zoning Districts, Allowed Land Uses, and Development Standards) and Article IV (Standards for Specific Land Uses) of this Title. A Conditional Use Permit is also required for the expansion or modification of existing nonconforming structures or uses. Applicable provisions for nonconforming uses and structures can be referenced in Chapter 17.12 (Nonconforming Uses and Structures) of this Title.
C.
Approving Authority. The designated Approving Authority for a Conditional Use Permit is the Planning Commission.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Conditional Use Permit.
E.
Approval Findings. The Approving Authority shall make the following findings to approve a Conditional Use Permit application.
1.
General. Conditional Use Permits shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
a.
The proposed use is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Title.
b.
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.
c.
The proposed use is consistent with the purpose of the applicable district or districts.
d.
The proposed use meets the minimum requirements of this Title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.
2.
Approval Findings for Nonconforming Uses. A Conditional Use Permit shall be granted only when the designated Approving Authority determines that the proposed use or activity complies with all of the following findings:
a.
The proposed use is consistent with the General Plan and all applicable provisions of this Title.
b.
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.
c.
The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.
d.
The modified or expanded nonconforming structure or uses would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
e.
The modified or expanded nonconforming structure or use would be consistent with the General Plan.
F.
Conditions. The Approving Authority may impose conditions for the Conditional Use Permit to ensure compliance with this Section and other applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood.
G.
Appeals. Appeal of the Approving Authority's action on the request for Conditional Use Permit shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
H.
Time Limits. All approved Conditional Use Permits are subject to the provisions set forth in Section 17.08.120 (Time Limits and Extensions).
I.
Cannabis Retailer.
1.
A Cannabis Retailer that has been deemed eligible to apply for a conditional use permit pursuant to the process set forth in Chapter 5.64, shall have their application processed in accordance with this Section except that any procedure that requires approval by the Planning Commission, shall be replaced with the requirements that the Planning Commission make a recommendation on the Conditional Use Permit and that the approval of Conditional Use Permit shall be made by the City Council.
2.
A Cannabis Retailer shall comply with the following:
a.
Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
b.
Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
c.
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.
d.
Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
3.
A Cannabis Retailer must meet the following rules relating to proximity to sensitive uses:
a.
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.
b.
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).
c.
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.
d.
Shall be no closer than 600 feet from any substance abuse rehabilitation center or emergency shelter, religious assembly use, park, or library.
4.
A Cannabis Retailer shall be 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).
(Ord. 1501 § 1, 2011; Ord. O2021-16 § 4)
A.
Purpose. The purpose of the Planned Development is to provide a process to allow diversity in the relationship between buildings and open spaces to create interesting physical environments and to maximize the development potential of underutilized or problematic land areas. This land use entitlement is intended to demonstrate that the development plan with any proposed deviations is consistent with the General Plan and will result in a quality project that is compatible with surroundings, preserves site resources, minimizes hazards, and provides a public benefit.
B.
Applicability. A Planned Development is required in conjunction with any rezone request for a Planned Development Overlay Zone designation. To qualify for rezoning, projects must include developed or undeveloped property with one or more contiguous parcels totaling a minimum of two acres in size. Projects of less than two acres may be considered when determined that the development area is underutilized or problematic (e.g., infill, reuse, redevelopment) and that the surrounding area will be better served by the project.
C.
Approving Authority. The designated Approving Authority for a Planned Development is the City Council.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Planned Development.
E.
Deviations from Development Standards. The Approving Authority may grant requests to deviate from the development standards (e.g., minimum lot area, yard requirements, building heights), but shall not grant exceptions to the allowed land use or density of the base Zoning District. Physical development standards may be modified if the plan includes examples of superior design, environmental preservation and public benefit amenities, and the Approving Authority makes all of the required findings herein.
F.
Approval Findings. The Approving Authority shall make the following findings to approve a Planned Development application.
1.
The proposed project does not exceed the total density allowed under the base Zoning District or the General Plan land use designation.
2.
The proposed project is superior to development that could occur under the development standards of the base district in at least two of the following ways:
a.
Greater open space and common areas than required;
b.
Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;
c.
Superior site design. Utilization of the applicable commercial/industrial design standards as provided in the Manteca Community Design Handbooks to achieve a superior site design;
d.
Superior subdivision design. Utilization of the applicable residential design standards to achieve a superior subdivision design;
e.
Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;
f.
Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;
g.
Reduced impacts on surrounding properties, in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.
3.
The proposed project incorporates best site planning practices for quality design and compatibility with surroundings.
4.
The proposed project incorporates high quality architectural design and durable materials.
5.
The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of this Title or the public interest.
G.
Conditions. The Approving Authority may impose conditions for the Planned Development to ensure compliance with this Section and other applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood.
(Ord. 1501 § 1, 2011)
A.
Purpose. This Section establishes procedures and requirements for the review and approval of Development Agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The City Council finds and declares the use of Development Agreements is beneficial to the public, in that:
1.
Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2.
Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3.
Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B.
Qualified Applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the Development Agreement (or his or her authorized agent), may submit an application for a Development Agreement.
C.
Submittal Requirement. Section 17.08.020 (Application and Fee) identifies the requirement for submittal of any application to the City for permit or entitlement.
D.
Approving Authority. The designated Approving Authority for Development Agreements is the City Council. The Planning Commission shall hold a public hearing on the proposed Development Agreement and make a recommendation to the City Council.
E.
Approval Findings. A Development Agreement may only be granted when the City Council makes all of the following findings specifying that the Development Agreement:
1.
Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans.
2.
Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice.
3.
Will not be detrimental to health, safety, and general welfare of the city.
4.
Will not adversely affect the orderly development of property or the preservation of property values.
F.
Amendment and Cancellation of Agreement. Either party may propose an amendment to or cancellation in whole or part of the Development Agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Where, however, the City initiates the proposed amendment or cancellation, the City must first notice the property owner of its intent at least 15 days in advance. Additional amendment provisions may be incorporated into individual Development Agreements.
G.
Recordation. Within 10 days after the City enters into the Development Agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the Development Agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the Development Agreement.
H.
Periodic Review. The City Manager shall review the Development Agreement every 12 months from the date the Development Agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the Development Agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the City Manager finds that any aspect of the development project is not in strict compliance with the terms of the Development Agreement or may warrant consideration by the Approving Authority, the City Manager may schedule the matter before the appropriate Approving Authority for review.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of a Specific Plan is to provide a vehicle for implementing the City's General Plan on an area-specific basis. The Specific Plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted Specific Plan and comparable provisions of this Title, the Specific Plan shall prevail. This Section is consistent with California Government Code Section 65450 et seq. This Section describes the process for adopting, amending, and subsequent development under a Specific Plan. Chapter 17.28 (Special Purpose Zoning Districts) describes the individual Specific Plan Districts and adopts them by reference.
B.
Applicability. The City's General Plan encourages preparation of Specific Plans. A Specific Plan may be initiated in the following manner:
1.
By the City through resolution of intention adopted by the City Council with recommendation from the Planning Commission; or
2.
By a property owner through an application filed requesting to be included in a Specific Plan.
If initiated by a property owner, a pre-submittal application and conference with the director are required prior to the filing of a formal Specific Plan application. |
C.
Approving Authority. The designated Approving Authority for Specific Plans is the City Council.
D.
Contents. In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the City's content requirements for an application.
1.
Statement of the relationship of the Specific Plan to the General Plan.
2.
Policies for development and standards for regulating development within the plan area.
3.
The proposed land uses for all areas covered by the Specific Plan.
4.
The types and configurations of buildings to be included in all developments within the plan area.
5.
The location of and types of streets.
6.
Public facilities and infrastructure required to serve developments within the Specific Plan area.
7.
A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8.
Proposed conservation, open space, and/or recreation areas, if any.
9.
Any other programs, guidelines, or standards appropriate for the area covered by the plan.
E.
Environmental Review. It is anticipated, under the California Environmental Quality Act Section 15812 and Guidelines, that most Specific Plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a Specific Plan may be relied upon for further entitlements sought subsequent to adoption of the Specific Plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F.
Approval Findings. Specific Plans and any amendment thereto shall be approved/adopted only when the City Council makes the following findings:
1.
The proposed Specific Plan is consistent with the General Plan goals, policies, and implementation programs.
2.
The land use and development regulations within the Specific Plan are comparable in breadth and depth to similar zoning regulations contained in this Title.
3.
The administration and permit processes within the Specific Plan are consistent with the administration and permit processes of the Zoning Ordinance.
G.
Adoption. Adoption of the Specific Plan by ordinance of the City Council shall constitute final action and approval of the Specific Plan. Authorization for construction in accordance with the Specific Plan may only be granted after the effective date of the adoption.
H.
Delineation of Specific Plan Areas. On the Zoning Map, a Specific Plan Zoning District shall be delineated in a manner similar to that of any other Zoning District, except that each SP-zoned area shall also bear a number, text, or other symbol which distinguishes it from other Specific Plan areas. See Chapter 17.28 (Special Purpose Zoning Districts).
I.
Application of Specific Plan Development Requirements. Where specific conditions of the Specific Plan are more restrictive than the Zoning Ordinance development standards, the conditions of the Specific Plan shall apply. Where a standard is not addressed in the Specific Plan, the Zoning Ordinance shall apply.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of a Master Plan is to provide a procedure for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans. The Master Plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted Master Plan and comparable provisions of this Title, the Master Plan shall prevail. Chapter 17.28 (Special Purpose Zoning Districts) describes the individual Master Plan Districts and adopts them by reference.
B.
Applicability. A Master Plan may be initiated in the following manner:
1.
By the City through resolution of intention adopted by the City Council with recommendation from the Planning Commission; or
2.
By a property owner through an application filed requesting to be included in a Master Plan. If initiated by a property owner, a pre-submittal application and conference with the director are required prior to the filing of a formal Master Plan application.
C.
Approving Authority. The designated Approving Authority for Master Plans is the City Council. The Community Development Director and the Planning Commission provide recommendations to the City Council. The City Council may approve, conditionally approve, or deny the Master Plan in accordance with the requirements of this Section.
D.
Contents. In addition to the minimum general requirement, the City shall require, at a minimum, the following:
1.
A completed City application form indicating, among other things, the applicant's name, address, and telephone number.
2.
The address of the property for which the request is being made.
3.
Detailed project description indicating the request for the zone change to Master Plan.
4.
The following data is required:
a.
Topographic map showing natural features of the site and adjacent property and location of proposed facilities and roads;
b.
Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;
c.
Description of proposed uses and structures, landscaping, fencing, services, streets, utilities, and other facilities;
d.
Other information as required by the Community Development Director or Planning Commission, including, but not limited to, detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development; and
e.
Such other relevant information as may be requested by the Community Development Director in order to provide the Approving Authority with adequate information on which to base a decision.
E.
Environmental Review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most Master Plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a Master Plan may be relied upon for further entitlements sought subsequent to adoption of the Master Plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F.
Required Contents of a Master Plan. When a Master Plan is being established, it shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the Master Plan submittal:
1.
A list of permitted, conditionally permitted, and prohibited uses.
2.
Performance and development requirements related to yards, lot area, and intensity of development on each lot, parking, landscaping, and signs.
3.
Other design standards appropriate for the specific site and development.
4.
Legal description of property covered by the Master Plan.
5.
Reasons for establishment of a Master Plan on the particular property.
G.
Additional Contents of a Master Plan. Additional contents may be required as determined by the Community Development Director including, but not limited to, the following:
H.
Approval Findings. Master Plans and any amendment thereto shall be approved/adopted only when the City Council makes the following findings:
1.
The proposed Master Plan is consistent with the General Plan goals, policies, and implementation programs.
2.
The land use and development regulations within the Master Plan are comparable in breadth and depth to similar zoning regulations contained in this Title.
3.
The administration and permit processes within the Master Plan are consistent with the administration and permit processes of the Zoning Ordinance.
4.
Adequate services are available for the proposed uses, including, but not limited to, water supply, sewage disposal, roads, and utilities.
I.
Adoption. Adoption of the Master Plan by ordinance of the City Council shall constitute final action and approval of the Master Plan. Authorization for construction in accordance with the Master Plan may only be granted after the effective date of the adoption.
J.
Delineation of Master Plan Areas. On the Zoning Map, a Master Plan Zoning District shall be delineated in a manner similar to that of any other Zoning District, except that each MP-zoned area shall also bear a number, text, or other symbol which distinguishes it from other Master Plan areas. See Chapter 17.28 (Special Purpose Zoning Districts).
K.
Application of Master Plan Development Requirements. Where specific conditions of the Master Plan are more restrictive than the Zoning Ordinance development standards, the conditions of the Master Plan shall apply. Where a standard is not addressed in the Master Plan, the Zoning Ordinance shall apply.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of a Zoning Amendment is to allow modification to any provisions of this Title (including the adoption of new regulations or deletion of existing regulations) or to rezone or change the zoning designation on the Zoning Map for any parcel(s). This Section is consistent with California Government Code Section 65853.
B.
Approving Authority. The designated Approving Authority for Zoning Amendments is the City Council. The Community Development Director and Planning Commission provide recommendations, and the City Council may approve, conditionally approve, deny, or deny without prejudice the Zoning Amendment in accordance with the requirements of this Title.
C.
Initiation of Amendment. A Zoning Amendment to this Title may be initiated by motion of the Planning Commission or City Council, by application by property owner(s) of parcel(s) to be affected by the Zoning Amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by state law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
D.
Findings for Zoning Amendment (Text or Map). Zoning Amendments shall be granted only when the City Council makes the following findings:
1.
The proposed Zoning Amendment (text or map) is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3.
The amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA);
4.
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; and
5.
If a text amendment, the amendment is internally consistent with other applicable provisions of this Zoning Code.
E.
Conditions/Restrictions. When considering an application for a Zoning Amendment to rezone property, the City Council has the authority to impose restrictions on property including use restriction. Conditions imposed by the City Council shall run with the land and shall not be automatically removed by subsequent rezonings of the property. Conditions may only be modified or removed by the City Council in accordance with Section 17.14.070 (Permit Revocation or Modification).
F.
Action/Adoption. Adoption of the Zoning Amendment by ordinance of the City Council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action.
(Ord. 1501 § 1, 2011)
A.
Purpose. The purpose of a General Plan Amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s).
B.
Approving Authority. The designated Approving Authority for General Plan Amendments is the City Council. The Community Development Director and Planning Commission provide recommendations, and the City Council may approve, conditionally approve, deny, or deny without prejudice the General Plan Amendment in accordance with the requirements of this Title.
C.
Frequency of Amendment. Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
D.
Initiation of Amendment. A General Plan Amendment may be initiated by motion of the Planning Commission or City Council, by application of property owner(s) of parcel(s) to be affected by the General Plan Amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by state law, maintain internal General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E.
Findings for General Plan Amendment (Text or Map). In the event that a General Plan Amendment is requested by a property owner, the applicant shall demonstrate to the City Council that there is a substantial benefit to be derived from such amendment. Additionally, the City Council must find that the proposed amendment meets the letter and intent of the General Plan goals and policies.
F.
Adoption. Adoption of the General Plan Amendment by the City Council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action.
(Ord. 1501 § 1, 2011)
A.
Purpose. A Storage Container Permit provides a process for Community Development Director review and decisions related to requests for storage, cargo, or shipping containers. The intent is to allow the integration of a storage container with the design of the structures to achieve a unified architectural statement and to encourage design flexibility without circumventing the intent of this Code.
B.
Applicability. A Storage Container Permit shall be required for storage, cargo, or shipping containers in accordance with Section 17.40.040 (Development Standards for Accessory Structures).
C.
Approving Authority. The designated Approving Authority for a Storage Container Permit is the Community Development Director.
D.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Storage Container Permit.
E.
Approval Findings. The Approving Authority may approve a Storage Container Permit with the finding that the proposed storage container complies with the standards and requirements of this Title.
F.
Conditions of Approval. Whenever any Storage Container Permit is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
(Ord. O2018-11 § 1)