City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
Barbara Harb, Interim Director of Development Services |
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Prepared by: |
Beth Thompson, DeNovo Planning Group |
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Date: |
March 5, 2024 |
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Subject: |
Manteca General Plan Amendment |
Recommendation:
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Adopt a Resolution adopting the Addendum to the previously certified Environmental Impact Report (SCH No. 2020019010) and making California Environmental Quality Act findings concerning significant impacts, mitigation measures and alternatives, and adopting the statements of overriding considerations concerning impacts of the Manteca 2043 General Plan Amendment project (EIR Addendum prepared pursuant to 14 Cal. Code Regs. § 15164(a)-(b).); Adopt a Resolution making findings approving and adopting the Manteca 2043 General Plan Update originally adopted on July 18, 2023, with the revision discussed herein, and directing staff to submit the Ultimate Sphere of Influence (SOI) to the Local Agency Formation Commission (LAFCo) and direct staff to return with amendments to the Public Facilities Implementation Plan (PFIP) to reflect the General plan Update, including Action C-2e addressing the extension of Roth Road and certain design features; and direct staff to return in the future to address future annexation and zoning of the Affected Area; and Waive the first reading by substitution of the title and introduce an Ordinance of the City Council of the City of Manteca, State of California, Amending Table 17.22.1 of the Zoning Code; modifying Table 17.22.020-1, Allowed Uses and Required Entitlements For Manteca’s Base Zoning Districts, of Title 17 of the Manteca Municipal Code.
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Background:
PROJECT DESCRIPTION:
The project before the City Council is the General Plan Update. In 2016, the City of Manteca began the multi-year process to update the 2023 General Plan. State law requires that every city and county in California prepare and maintain an all-inclusive General Plan, which offers a comprehensive 20 year plan for the City. (Government Code Section 65300). A City’s General Plan is an in-depth policy document that informs both long-term and short-term decisions of the City Council and City departments. By establishing land use designations and developing an inclusive collection of goals and policies related to a multitude of aspects of community life, the General Plan identifies development options that can be applied to properties within the City limits and for land within the City’s Sphere of Influence.
In order to complete the comprehensive update, the City hired a consultant, DeNovo Planning Group (consultant). Over the course of several years, DeNovo, in conjunction with city staff and community members, developed the document the General Plan Update. This document was adopted on July 18, 2023.
Subsequently, the City reviewed opportunities to revise the 2043 General Plan to promote an improved jobs-housing balance, provide a regional park, ensure funding for roadway improvements, and reduce potential conflicts between residential uses and industrial and agricultural uses. Upon identifying potential changes to the 2043 General Plan that would further the quality of life for Manteca’s residents through providing a regional park, aligning the future Roth Road extension to have fewer conflicts with residential uses, and increasing job opportunities, the City entered into a Settlement Agreement with Delicato Family Wines to facilitate those changes. The proposed 2043 General Plan Amendment and Zoning Text Amendment would result in a General Plan that implements the vision of the community for the General Plan Update as described in the July 18, 2023 staff report and facilitates the City’s meeting the terms of the Settlement Agreement.
PLANNING COMMISSION:
The General Plan Update was heard at a Public Hearing in front of the Planning Commission at a Special Meeting on February 21, 2024.
The consultant, Beth Thompson with DeNovo Planning Group, provided a presentation on the General Plan Amendment. The Commission asked several questions about the presentation related to the placement of Roth Road. Some Commissioners also asked about the housing mix adjacent to the industrial uses in the north west area of the City. Staff identified the need for housing and commercial uses near industrial uses.
Five members of the public spoke during public comment. One member of the public raised the issue of the location of Roth Road. One member of the public spoke in favor of the agreement reached between the City and Delicato Wineries. A third member of the public supported the change in land use and encouraged the Commission to support the change in land uses in the project area. A fourth member of the public indicated that the new industrial uses would be an impediment to her community’s way of life and that the Winery is polluting the aquafer. The mayor also spoke in favor of the change in land uses and the economic benefit of the proposed land uses.
The Commission then offered comment on the General Plan Amendment. Questions were raised about the City’s willingness to work with property owners and the placement of Roth Road. Staff assured the Commission that the placement of Roth Road would be a result of collaboration with the property owners.
The Planning Commission voted 5-0-0 to recommend approval to the City Council.
Subsequent to the Planning Commission meeting, clarifying language was added to the Policy C-2.4 in the Circulation Element. Additionally, an updated noise analysis was replaced in the Addendum to provide a more detailed analysis of the change in land use to ensure no new noise impact or exacerbation of exiting impact. No new conclusion was reach that differs from what was presented to the Planning Commission.
PROJECT LOCATION
City-wide.
PROJECT ANALYSIS
For a full analysis of the project, please see Attachment 8, Planning Commission Staff Report. The General Plan Amendment document is attached as Attachment 5. The full and complete 2043 General Plan document can be found here: <https://manteca.generalplan.org/>
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) requires the preparation of an Environmental Impact Report (EIR) prior to approving any project which may have a significant impact on the environment. For the purposes of CEQA, the term “Project” refers to the whole of an action, which has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment. A Program EIR is an EIR which examines the broad environmental impacts of an agency plan, policy, or regulatory program, such as a General Plan Update, with the acknowledgement that site-specific environmental review may be required for particular aspects of the program or particular development projects that may occur in the future.
The City determined that a program-level EIR was required for the 2043 General Plan pursuant to the requirements of CEQA and the General Plan Update EIR (General Plan EIR) was certified by the City Council by adoption of Resolution R2023-99 on July 18, 2023. The EIR is available for review on the Manteca General Plan Update website here: <https://manteca.generalplan.org/>.
When an EIR has been certified for a project, Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further documentation be prepared in support of further agency action on the project. The City reviewed the changes to the 2043 General Plan (Original Project) as analyzed in the General Plan EIR to determine if the 2043 General Plan Amendment and Zoning Code Text Amendment (Modified Project) would require a subsequent EIR, subsequent negative declaration, addendum, or no further documentation. The environmental analysis for the Modified Project is presented in the Manteca General Plan EIR Addendum (Addendum) provided as Exhibit A to the Resolution. As demonstrated in the Addendum, the Modified Project would result in no new significant environmental effects and no substantial increase in the severity of previously identified environmental effects, and no new information of substantial importance that would require major changes to the Original Project EIR pursuant to CEQA Guidelines Section 15162(a) has been identified. Therefore, a subsequent EIR or supplemental EIR is not warranted for the 2043 General Plan Amendment and an addendum is appropriate.
The City received a comment letter dated February 1, 2024 regarding the adequacy of an addendum for the 2043 General Plan Amendment; the comment letter and response to the comment are provided in Attachment 9.
Significant and Unavoidable Environmental Impacts
CEQA Guidelines Section 15126.2(b) requires an EIR to discuss unavoidable significant environmental effects, including those that can be mitigated but not reduced to a level of insignificance. The below impacts are significant and unavoidable:
• Impact 3.2-1: General Plan implementation would result in the conversion of farmlands, including Prime Farmland, Unique Farmland, and Farmland of Statewide Importance, to non-agricultural use;
• Impact 3.2-2: General Plan implementation would conflict with existing zoning for agricultural use, or a Williamson Act Contract;
• Impact 3.3-1: General Plan implementation would conflict with or obstruct implementation of the applicable air quality plan, or result in a cumulatively considerable net increase of criteria pollutants;
• Impact 3.12-1: General Plan implementation may result in exposure to significant traffic noise sources;
• Impact 3.14-1: General Plan implementation may result in VMT per dwelling unit and VMT per employee increases that are greater than 85 percent of Baseline conditions;
• Impact 3.14-2: General Plan implementation may conflict with a program, plan, policy or ordinance addressing the circulation system, including transit, bicycle, and pedestrian facilities;
• Impact 3.14-3: General Plan implementation may increase hazards due to a design feature, incompatible uses, or inadequate emergency access;
• Impact 4.2: Cumulative impact to agricultural lands and resources;
• Impact 4.3: Cumulative impact on the region's air quality;
• Impact 4.12: Cumulative impacts related to noise;
• Impact 4.14: Cumulative impacts on the transportation network;
• Impact 4.17: Irreversible and adverse effects.
If the EIR determines that the project would result in significant adverse impacts to the environment that cannot be mitigated to less than significant levels, the City Council is required to adopt a statement of overriding considerations as well as written findings in accordance with State CEQA Guidelines Sections 15091 and 15093.
Findings of Fact and Statement of Overriding Consideration
As described in the Manteca General Plan EIR Addendum, the 2043 General Plan Amendment would not result in new significant environmental effects or a substantial increase in the severity of previously identified environmental effects for the 2043 General Plan. The adverse effects listed above for the 2043 General Plan would also occur under the 2043 General Plan Amendment. These are substantive issues of concern to the City. However, the Manteca General Plan provides for an array of land uses throughout the City that are intended to accommodate the City’s needs for growth over the foreseeable future, and the CEQA EIR process allows the City to examine these impacts against the benefits the Project provides to the City and determine if the benefits outweigh the impacts. By making findings related to economic, social, and other benefits, the Council is able to override any significant environmental impacts that would result in the approval of the General Plan.
PROJECT RECOMMENDATION
Staff recommends the City Council take the following actions:
1. Adopt a Resolution adopting the Addendum to the previously certified Environmental Impact Report (SCH No. 2020019010) and make certain findings concerning overriding considerations concerning impacts of the Manteca 2043 General Plan Amendment project,
2. Adopt a Resolution approving the Manteca 2043 General Plan Update originally adopted on July 18, 2023 with the revision discussed herein, and directing staff to submit the Ultimate SOI to LAFCo;
3. Adopt and Introduce by title only and waive the first reading of an Ordinance modifying Table 17.22.020-1, Allowed Uses and Required Entitlements For Manteca’s Base Zoning Districts, of Tittle 17 of the Manteca Municipal Code;
4. Direct staff to return with amendments to the Public Facilities Implementation Plan *PFIP) to reflect the General plan Update, including Action C-2e addressing the extension of Roth Road and certain design features; and
5. Direct staff to return in the future to address future annexation and zoning of the Affected Area.
Fiscal Impact:
The General Plan Update does not have a direct fiscal impact on the City. As specific projects are brought forward that implement the General Plan, their fiscal impact on the City will be analyzed in those staff reports.
Documents Attached:
1. Attachment 1 - City Council Resolution- Addendum
2. Attachment 2 - Resolution “Exhibit A” Manteca General Plan EIR Addendum
3. Attachment 3 - Resolution “Exhibit B” Findings of Fact and Statement of Overriding Considerations
4. Attachment 4 - City Council Resolution- General Plan Amendment
5. Attachment 5 - Resolution “Exhibit A” Amendments to the 2043 General Plan
6. Attachment 6 - City Council Ordinance- Zoning Amendment
7. Attachment 7 - Ordinance “Exhibit A” Zoning Code Amendment - Table 17.22.020-1, Allowed Uses and Required Entitlements For Manteca’s Base Zoning Districts
8. Attachment 8 - Planning Commission Staff Report
9. Attachment 9 - Sierra Club letter and Response to Comment