Delicato Vineyards may be laying  groundwork for a ballot initiative — this time to empower city voters to decide whether land zoned agricultural in the general plan should be allowed to be converted to urban uses such as residential projects.

A survey — that started popping up on smartphones of registered voters Thursday — covers two basic questions:

*Should voters be required to provide a two-thirds approval before agricultural land or open space is converted to urban use.

*Should voters be required to approve any significant residential project that increases — or adds to — traffic congestion.

The survey could be a precursor to what could be Delicato’s next move — another petition drive that would have a clear and direct impact on growth.

That’s opposed to the referendum that just qualified for the ballot that will simply ask the voters whether to say “yes” or “no” to whether the recently adopted general plan update should stand.

As such, if such a condition can be implemented in a general law city in California if passed by voters, it would significantly raise the stakes in the tiff between the City of Manteca and the world’s fifth largest winery.

It could eventually require every future development of any consequence — unless 100 percent of the impacts of traffic are paid for by the city and developers upfront — given all projects would add to traffic congestion.

The referendum — and possible initiative — is in addition to a lawsuit the winery is pursuing against the city challenging the validity of the environmental impact documents approved for the general plan update.

The City Council on Tuesday is being asked to determine whether to place the general plan referendum on either the March 5 or Nov. 5 election dates in 2024.

In order to qualify for a referendum, the proponents were required to obtain signatures of 10% of the registered voters in the City of Manteca.

Ten percent represents 4,733 valid signatures. There were 7,249 signatures turned into the San Joaquin County Registrar of Voters’ Office of which 5,493 were determined to be valid signatures.

The  court filing by the San Francisco firm of Shute, Mihaly & Weinberger — that specializes in environmental, municipal and public agency, and local ballot measures  among other legal areas — is likely to be just the start.

An existing project already before the city for approval will bring a number of 1,472 homes proposed to within a half mile of Delicato orchards, vineyards, and open land they have set aside for land disposal of winery wastewater.

Developers behind the project have recirculated the environmental impact report in a bid to double down on making sure they have met or exceeded every legal requirement in a bid to make it more likely to withstand a possible legal challenge.

Although the general plan update is now being held in abeyance pending the outcome of a possible referendum, the residential projects can still proceed as amendments to the city’s exiting general plan.

Such action — if approved by the city — is likely to trigger more legal filings by the winery.

Land disposal of agricultural  processing waste water — legal under state laws — can generate smells that urban residents often find objectional.

The city, for its part, contends the general plan passes state muster. Every state regulatory agency involved in the process — from air quality to transportation to agriculture — had input. It also was backed by environmental justice advocates.

Delicato, though, believes the general plan sets the stage for incompatible uses — housing and agriculture processing — to conflict.

Specifically, they do not like the city’s general plan update that has agricultural zoning surrounding the winery and then residential uses next to that.

Winery representatives had indicated they believe the 24-hour operation that involves lights and noise will create issues if homes are built too close to the winery.

Delicato’s general arguments against the general plan is that is allows to too much growth, will generate too much truck traffic, and will creates issues for schools among other things.

To contact Dennis Wyatt, email dwyatt@mantecabulletin.com