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 prezoning is to establish the designation of land use
by Zoning District for unincorporated property adjoining the city,
within the Sphere of Influence. This Section is consistent with California
Government Code Section 65859.
(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)
