City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
Brad Wungluck, Director of Development Services |
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Date: |
September 1, 2026 |
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Subject: |
Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on the Approval of New Fueling Stations Pursuant to Government Code Section 65858 |
Recommendation:
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Adopt an Urgency Ordinance, pursuant to California Government Code Section 65858, establishing a temporary forty-five (45) day moratorium on the acceptance of new entitlement applications for new motor vehicle fueling stations within the City of Manteca while the City evaluates, considers and implements amendments to the Manteca Municipal Code regulating the location, operation, and development standards for fueling stations.
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Background:
Over the past several years, the City has experienced increased interest in developing new fueling stations throughout the community. As additional proposals have been considered, questions have arisen regarding the appropriate number, location, design, land use compatibility, and long-term impacts of these facilities on the City's commercial corridors and economic development objectives. Specifically, the City has received six pre-application inquiries and/or requests for information regarding potential fueling station sites within the City since May 1, 2026, indicating that approval of an entitlement for one or more new fueling stations is imminent absent adoption of this Ordinance.
Recognizing these concerns, the City Council provided direction to staff in December 2025 regarding fueling station development within the City. During that meeting, the City Council directed staff to return with additional analysis and policy options regarding future fueling station development including a moratorium on the approval of fueling stations in the City.
Pursuant to that direction, staff researched number of existing fueling stations and those in the entitlement process, existing regulations, evaluated approaches utilized by other California jurisdictions, and prepared potential amendments to the City's zoning regulations. Staff returned to the City Council in June 2026 to present the findings and discuss potential regulatory options. Following that discussion, the City Council directed staff to: Prepare an Interim Urgency Ordinance establishing a temporary moratorium on the acceptance of new discretionary entitlement applications for new motor vehicle fueling stations; and Prepare amendments to the Manteca Municipal Code establishing updated zoning and development standards governing future fueling station development.
The proposed urgency ordinance is the next step in implementing the policy direction previously provided by the City Council. Rather than permanently prohibiting new fueling stations, the ordinance temporarily preserves the City's existing land use conditions while the City enacts the zoning code amendments directed by the Council. This approach ensures that future entitlement applications are evaluated under regulations that reflect the City's current planning objectives rather than regulations that the Council has already determined warrant further review.
Fueling stations represent a significant long-term land use commitment. Once constructed, these facilities generally remain in operation for decades and may limit opportunities for future redevelopment due to site design characteristics and environmental considerations.
Staff has identified several planning issues that warrant further evaluation, including:
• Appropriate locations for future fueling stations;
• Community need and market distribution;
• Preservation of commercially designated land for diverse economic development opportunities;
• Traffic operations and vehicle circulation;
• Pedestrian and bicycle safety;
• Compatibility with adjacent land uses;
• Site design and architectural standards;
• Environmental considerations; and
• Consistency with the City's General Plan and long-range planning objectives.
Without an interim ordinance, new discretionary entitlement applications could continue to be submitted and accepted under the City's existing regulations before the City has completed its comprehensive evaluation. Acceptance of additional applications during this period could undermine the City's ability to adopt and implement updated development standards. The Interim Urgency Ordinance would prohibit the City from accepting new discretionary entitlement applications for the establishment of fueling stations during the term of the ordinance.
The threat identified by Government Code Section 65858 is not merely the construction of additional fueling stations, but the acceptance and processing of new discretionary entitlement applications under regulations that the City Council has determined require revision. If additional applications are accepted before the City completes its zoning study, the City risks making long-term land use decisions under standards that may no longer adequately address traffic circulation, access management, pedestrian safety, land use compatibility, commercial corridor planning, and other public health, safety, and welfare considerations. Because fueling stations represent long-lived land uses that are difficult to repurpose once established, delaying action until after additional applications are accepted could substantially impair the City's ability to implement the comprehensive regulatory framework currently under development.
The ordinance would not affect: Applications determined complete prior to the effective date of the ordinance; Existing legally established fueling stations; Building permits associated with previously approved fueling station projects; Routine maintenance and repair activities; or Other land uses otherwise permitted under the Manteca Municipal Code.
Government Code Section 65858 requires the City Council to find that there is a current and immediate threat to public health, safety, or welfare, and that the approval of additional permits under existing regulations would result in that threat.
The proposed ordinance is supported by the following findings:
• The City's existing zoning regulations do not adequately address the cumulative impacts associated with the location, concentration, design, and operation of new motor vehicle fueling stations. The current Municipal Code lacks comprehensive standards governing appropriate site selection, spacing, circulation, compatibility with surrounding land uses, and other operational characteristics necessary to ensure orderly development.
• The City Council has determined that existing regulations warrant comprehensive review. Following public discussions in December 2025 and June 2026, the City Council directed staff to prepare amendments to the Municipal Code regulating future fueling station development and to present an interim urgency ordinance preserving the status quo while those regulations are prepared.
• There is a current and immediate threat to the public health, safety, and welfare if additional discretionary entitlement applications are accepted under the City's existing regulations before completion of the Council-directed review. Fueling stations generate unique land use and operational characteristics, including increased turning movements, vehicle stacking, fuel delivery operations, pedestrian and bicycle conflicts, and potential impacts on emergency vehicle circulation. Without updated development standards, additional projects may be proposed and accepted in locations that are incompatible with surrounding land uses or inconsistent with the City's long-term planning objectives.
• Acceptance of additional discretionary entitlement applications under the existing Municipal Code would undermine the City's ability to implement the zoning regulations currently under preparation. Once applications are accepted and proceed through the entitlement process, the City may be required to evaluate those projects under regulations that the City Council has already determined should be reconsidered. This creates a substantial risk that projects could be approved under standards that no longer reflect the City's adopted planning policies or legislative intent.
• Motor vehicle fueling stations constitute long-term and largely irreversible land use commitments. Once approved and constructed, these facilities typically remain in operation for decades. Due to specialized site improvements, underground fuel storage systems, environmental regulations, and substantial capital investment, redevelopment or conversion to alternative commercial uses is significantly constrained. Consequently, land use decisions regarding fueling stations have lasting implications for the City's commercial corridors, transportation network, and economic development opportunities.
• The acceptance of additional discretionary entitlement applications before completion of the City's zoning update would frustrate the City's ability to protect the public health, safety, and welfare through comprehensive planning. The Interim Urgency Ordinance is therefore necessary to preserve the City's ability to thoughtfully evaluate appropriate locations, development standards, circulation requirements, pedestrian safety measures, compatibility standards, and other regulations intended to ensure that future fueling station development occurs in a manner consistent with the General Plan and the City's long-term planning objectives.
• The Interim Urgency Ordinance is narrowly tailored to address the identified threat. Rather than prohibiting existing fueling stations or halting projects already in the entitlement process, the ordinance applies only to the acceptance of new discretionary entitlement applications for new motor vehicle fueling stations during a limited period while the City completes the Council-directed Municipal Code amendments.
During the moratorium period, staff intend to evaluate and prepare recommendations regarding several of the previously mentioned areas of concern within the Zoning Code. For example, staff will continue to evaluate: Appropriate zoning districts where fueling stations should be permitted; Separation requirements between facilities; Minimum parcel size and frontage; Access management standards; Driveway spacing and circulation; Pedestrian connectivity; Architectural and landscape design standards; Compatibility with surrounding development; Ancillary commercial uses; Environmental design considerations; Operational standards; Neighborhood compatibility; Market demand and community need; and Specific findings and approval criteria for future discretionary entitlements involving fueling stations.
The proposed moratorium will provide the adequate amount of time to complete this work and for the City Council to consider the Planning Commission recommendations for permanent Municipal Code amendments. The Planning Commission at its meeting of August 18, 2026, recommended the approval of several Zoning Code changes that address many of these areas of concern and they are agendized separately for City Council consideration.
Adoption of this item requires a four-fifths (4/5) vote of the City Council pursuant to Government Code Section 65858(a). If adopted, the ordinance will take effect immediately and will expire forty-five (45) days from the date of adoption unless extended by the City Council in the manner provided in Government Code Section 65858.
California Environmental Quality Act (CEQA):
The proposed Urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15308 (Actions by Regulatory Agencies for Protection of the Environment). Adoption of the ordinance temporarily preserves the status quo while the City evaluates potential amendments to its zoning regulations and does not authorize any physical development or environmental change.
Fiscal Impact:
There is no direct fiscal impact associated with adoption of the urgency ordinance beyond staff time required to evaluate the City's existing regulations and prepare proposed Municipal Code amendments.
Documents Attached:
Attachment 1 - Urgency Ordinance