ITEM 5. 2
CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER MUNICIPAL CODE AMENDMENT TO
UPDATE VARIOUS SECTIONS OF THE LMC
TO STREAMLINE PROCEDURES, MINOR
CLARIFICATIONS, AND INCORPORATE UPDATED
POLICIES TEXT AMENDMENT NO. TA- 21- 151
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduce an Ordinance
Adopting Various Amendments to the Lathrop
Municipal Code ( LMC) to Modernize, Simplify, and
Streamline Sections of Title 17, The Zoning Code,
and Title 10, Vehicles and Traffic. The
amendments to the Municipal Code include the
following:
Chapter 10. 24 ( Parking)
Chapter 17. 16 ( General Requirements and
Exceptions)
Chapter 17. 32 ( R One- Family Residential
District)
Chapter 17. 36 ( RM Multifamily Residential
District)
Chapter 17. 52 ( Combining Districts)
New Chapter 17. 57 ( Mossdale Landing Zoning
Districts)
Chapter 17. 60 ( Southeast Stewart Tract
Zoning Districts)
Chapter 17. 62 ( Central Lathrop Zoning
Districts)
Chapter 17. 64 ( Home Occupations)
Chapter 17. 76 ( Off- Street Parking and
Loading)
Chapter 17. 80 ( Accessory Dwelling Units)
Chapter 17. 97 ( Wireless Communication
Facilities)
Chapter 17. 100 ( Site Plan Review)
Chapter 17. 108 ( Administrative Approval of
Certain Uses)
CITY MANAGERS REPORT PAGE 2
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
SUMMARY:
The proposed Code Text Amendment is a staff- initiated proposal to modify various sections of the Lathrop Municipal Code ( LMC) to modernize, simplify and streamline various sections of Title 17, Zoning and Title 10, Vehicles and Traffic. The proposed amendments will include integration of current City policies, State law and best practices within the planning profession. Approval of the text amendment would allow for greater flexibility, clarification to support and promote development.
BACKGROUND:
In 2009, the City adopted an Economic Development Strategic Plan to guide the City Council in making decisions regarding economic growth for the City. In 2011, the City Council indicated a desire to accelerate economic and business development efforts by creating an Economic Development Program. To implement the City' s economic goals and policies, staff regularly review and monitor various department policies, procedures and the Zoning Ordinance for areas that need improvement. Staff determined and identified various sections of the LMC that are ambiguous, unclear and outdated. The intent of the proposed amendments is to assist and encourage development by providing concise and clear requirements for residents, developers and staff.
The City approved a similar effort and updated certain sections of the Zoning Ordinance and LMC in 2013, 2016, 2017, 2019, and 2021. The previous updates were well received by the community and staff inembers that process development applications and assist residents on a daily basis.
At their regular meeting of December 15, 2021, the Planning Commission voted unanimously ( 4- 0) to recommend the City Council adopt an Ordinance regarding the proposed amendments to the Lathrop Municipal Code. Attached is the Planning Commission Resolution No. 21- 30 for reference ( Attachment # 16).
ANALYSIS:
Staff has determined that the following text amendments conform to the General Plan. The proposed text amendments will modify the following Chapters and Sections of the LMC:
Chapter 10. 24 Parking ( Attachment # 2)
The proposed amendment clarifies and provides reasonable time for residents to park their recreational vehicles ( and similar vehicles) on the street no longer than 48- hours for the purpose of loading, unloading, cleaning, and preparation before and after use.
CITY MANAGERS REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Chapter 17. 16 General Requirements and exceptions ( Attachment # 3) The proposed amendment would correct the code reference for the application type for a temporary subdivision sales office. Currently, Section 17. 16. 010, Temporary subdivision signs and sales office, references Chapter 17. 112, Conditiona/ Uses.
However, the reference should be to Chapter 17. 108, Administrative Uses as current practice is to review temporary subdivision signs and sales offices administratively via an Administrative Application form.
Chapter 17. 32 R One- Family Residential District; and Chapter 17. 36 RM Multifamily Residential District ( Attachment # 4 and 5
Similar to the amendments to the Central Lathrop Zoning Districts, the proposed amendment would update the R One- Family Residential District and the RM Multifamily Residential District to be consistent with Senate Bill 234 and add Large Family Day Care as a permitted use in both Zoning Districts. The proposed amendment would also remove references to RM 1. 5 from the Purpose and Application Section since this designation is not on the City' s Zoning Map.
Chapter 17. 52 Combining Districts ( Attachment # 6
Update Section 17. 52. 030, Mossdale Village combining district ( MV) to clarify that development of property within the MV combining district is subject to the regulations found in the West Lathrop Specific Plan and the applicable Mossdale Urban Design Concept. Currently, the Code references only the West Lathrop Specific Plan and not the Mossdale Urban Design Concept.
New Chapter 17. 57 Mossdale Landin Zoning Districts ( Attachment # 7 The proposed amendment adds a new Chapter to the Zoning Code titled Mossdale Landing Zoning Districts" to provide reference to the Mossdale Urban Design Concepts ( UDCs). Currently there is no reference within the LMC to the Mossdale Landing UDCs and their allowable uses ( permitted and conditionally permitted), development standards, and other related standards. This new Chapter establishes a link to the Mossdale Landing, Mossdale Landing East, and the Mossdale Landing South UDCs consistent with the City' s other Specific Plans.
Chapter 17. 60 Southeast Stewart Tract Zoning Districts ( Attachment # 8.
The proposed amendment removes Section 17. 60. 030, MX- ST, Mixed- Use Zoning District and Section 17. 60. 040, CR- ST, Regional Commercial Zoning District from the Zoning Code as these Zoning Districts are not present on the City' s Zoning Map. The amendment also clarifies that Large Family Day Care is a permitted use in the RREC- ST, Recreational Residential Zoning District and R- ST, Residential Zoning District consistent with Senate Bill 234. Further, the proposed amendment updates Section
17. 60. 060, R- ST, Residential Zoning District to add clustered housing", consistent with a density in compliance with the City' s General Plan, as a permitted use.
CITY MANAGERS REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Chapter 17. 62 Central Lathrop Zoning Districts ( Attachment # 9) The proposed amendments establish Large Family Day Care as a permitted use in all of the Central Lathrop residential zoning districts: VR- CL, Variable Density Residential, HR- CL, High Density Residential, and R/ MU- CL, Residential/ Mixed- Use Zoning. Pursuant to Senate Bill 234, a zoning permit or business license for a large or small family day care home may no longer be required. The amendments will move Large Family Day Care Homes from the Administrative Approval list to the Permitted Uses list.
The amendment also updates Table 17. 62. 120 Central Lathrop Specific Plan: NonResidential Site Development Standards by removing ' Lathrop Center District", from the Off- street parking standards since this designation no longer exists, and update the reference to Chapter 17. 76, Off- street parking and loading. Finally, the R/ MUCL, Residential/ Mixed Use Zoning District Section 17. 62. 042, will be amended to remove the VR- CL District reference from the Permitted Use list.
Chapter 17. 64 Home Occupations ( Attachment # 10)
The proposed amendment would update the Home Occupation provisions to allow mobile businesses authorized by the State. Currently, the LMC specifically excludes personal services such as beauty salons and barber shops to operate as a home based business. This exclusion is typical of most city home occupation laws because personal service businesses require customers to be present, which can create traffic and parking issues, and require licensing from the State that does not allow these uses within a personal residence. However, the State has created a licensing provision that allow personal services to operate in an approved Mobile Unit. The processing of the license to operate a Mobile Unit is administered by the Board of Barbering and Cosmetology.
Chapter 17. 76 Off- Street Parking and Loading ( Attachment # 11) The proposed amendment would add utility trailer" to the list of recreational vehicles that are not permitted to be stored in any residential district except within an enclosed side or rear yard or within a garage or carport:
In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick- up camper, fifth wheel or dune buggy, utility trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carport..."
Chapter 17. 80 Accessory Dwelling Units ( Attachment # 12) The proposed amendment will modify the Chapter to clarify that doorway access for a detached accessory dwelling unit ( ADU) may face the street as long as the detached ADU is set back further than the main dwelling unit and behind the front yard fence.
In some instances, a detached ADU is developed alongside a single- family residence because the lot width is wide enough to allow it.
CITY MANAGERS REPORT PAGE 5
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
The proposed would modify the existing language as follows:
Access. Doorway access shall be provided either to the side or rear of the accessory dwelling unit. Doorwax access may front the street for detached ADUs as long as the detached ADU is recessed from the main dwelling unit.
The accessory dwelling
unit shall utilize the same vehicular access which serves the existing dwelling unit.
Chapter 17. 97 Wireless Communication Facilities ( Attachment # 13) The proposed amendment would clarify that a Tier 3 Wireless Communication Facility WCF) is subject to a Site Plan Review and Conditional Use Permit. The purpose of requiring both entitlements is that a Tier 3 WCF is the installation of a new tower which requires specific findings unique to the Site Plan Review and Conditional Use Permit process in accordance with the LMC.
Chapter 17. 100 Site Plan Review ( Attachment # 14
The proposed amendment would correct the code reference for revocation of a site plan. Currently, the language references Section 17. 112. 130, Notification of conditional use map, whereas it should reference Section 17. 112. 120, Revocation for provisions related to revoking an approved Site Plan Review or Conditional Use Permit.
Chapter 17. 108 Administrative Approval of Certain Uses ( Attachment # 15) The proposed amendment would add temporary construction/ laydown yard for a utility company associated with a construction project to the list of temporary uses that are exempt from the Temporary Use Permit requirements ( Section 17. 108. 090, Review of temporary uses). Expansion of utility connections and lines are typical for construction projects. Historically, the City has not required a Temporary Use Permit application for construction/ laydown yard associated with construction projects so the amendment will be aligned with current City practice.
Municipal Code Amendments
According to the Lathrop Municipal Code, amendments to the Zoning Code must be reviewed by the Planning Commission with a recommendation forwarded to the City Council. Any recommendation of the Planning Commission, or final action of by the City Council must include the following findings:
That the proposed amendment will be consistent with applicable provisions of the General Plan':
Staff and the Planning Commission have determined that the proposed code amendments conform to the General Plan. This is documented in Planning Commission Resolution # 21- 30.
CITY MANAGERS REPORT PAGE 6
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on December 29, 2021 and the meeting agenda was posted at our designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed amendments.
CEQA REVIEW:
The proposed Municipal Code Amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 ( b) ( 3) by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
The amendment does not change the zoning designation on any individual property and does not affect existing land use or density. The purpose of the amendment is to modify existing language in the Municipal Code to provide flexibility and is primarily procedural in nature. It also does not propose or require any specific development project; any specific development project undertaken in the future pursuant to the amended zoning code would be required to comply with CEQA at that time.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, take the following actions:
1. Introduce an Ordinance adopting various amendments to the Lathrop Municipal Code ( LMC) to modernize, simplify, and streamline various sections of Title 17, the Zoning Code and Title 10, Vehicles and Traffic.
Chapter 10. 24 ( Parking): Allow Recreational Vehicles such as travel trailers, motorhomes, marine vessels, all- terrain vehicles, and similar vehicles to park on the street for the purposes of loading, unloading, cleaning, etc.
Chapter 17. 16 ( General Requirements and Exceptions): Update the code reference for the application type for temporary subdivision sales office.
Chapter 17. 32 ( R One- Family Residential District): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use pursuant to Senate Bill 234.
Chapter 17. 36 ( RM Multifamily Residential District): Remove RM 1. 5 from the Purpose and Application Section and Add Small and Large Family Day Care Home as a permitted use pursuant to Senate Bill 234.
CITY MANAGERS REPORT PAGE 7
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Chapter 17. 52 ( Combining Districts): Update Section 17. 52. 030, Mossdale Village combining district ( MV) to reference that development of property within the MV combining district are subject to the regulations found in the West Lathrop Specific Plan and the applicable Urban Design Concept.
New Chapter 17. 57 ( Mossdale Landing Zoning Districts): New Chapter to reference that the Mossdale Landing Zoning Districts are subject to the applicable Urban Design Concept.
Chapter 17. 60 ( Southeast Stewart Tract Zoning Districts): Remove Section 17. 60. 030, MX- ST, Mixed- Use Zoning District, Section
17. 60. 040, CR- ST, Regional Commercial Zoning District, and Section
17. 60. 050, R- REC- ST, Recreational Residential Zoning Districts as these Zoning Districts do not exist. Update Section 17. 60. 060, R- ST, Residential Zoning District to permit single- family residential uses and clustered housing consistent with a density in compliance with the City' s General Plan.
Chapter 17. 62 ( Central Lathrop Zoning Districts): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use in the VRCL, Variable Density Residential District, HR- CL, High Density Residential, R/ MU- CL, Residential/ Mixed- Use Zoning District consistent with Senate Bill 234, Update Non- Residential Site Development Standards to remove Lathrop Center District in Off-street parking and reference to Chapter 17. 76, Off-street parking and loading and update the R/ MU- CL, Residential/ Mixed Use Zoning District Section to remove the VR- CL district reference from the permitted use list.
Chapter 17. 64 ( Home Occupations): Amend the Chapter to allow Mobile Personal Services authorized by the State.
Chapter 17. 76 ( Off- Street Parking and Loading): Add " utility trailer" to the list of recreational vehicles required to be stored within an enclosed side or rear yard or within a garage or carport.
Chapter 17. 80 ( Accessory Dwelling Units): Amend Section 17. 80. 030( C) to clarify that doorway access for a detached accessory dwelling unit may front the street as long as the detached ADU is recessed from the main dwelling unit and amend Section 17. 80. 040 to provide provisions for utility connections for ADUs not contained within an existing structure.
Chapter 17. 97 ( Wireless Communication Facilities): Clarify that Wireless Communication Facilities are subject to a Site Plan Review process, and a Conditional Use Permit.
Chapter 17. 100 ( Site Plan Review): Amend the Chapter to update the code reference for revocation of a site plan.
Chapter 17. 108 ( Administrative Approval of Certain Uses): Add temporary construction/ laydown yard that is associated with a construction project to the list of temporary uses that are exempt from the Temporary Use Permit requirements ( Section 17. 108. 090, Review of temporary uses).
CITY MANAGERS REPORT PAGE 8
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.
ATTACH M ENTS:
1. Ordinance Approving Various Municipal Code Amendments
2. Mark- up of Chapter 10. 24 Parking
3. Mark- up of Chapter 17. 16 General Requirements and Exceptions
4. Mark- up of Chapter 17. 32 R One Family Residential District
5. Mark- up of Chapter 17. 36 RM Multifamily Residential District
6. Mark- up of Chapter 17. 52 Combining Districts
7. New Chapter 17. 57 Mossdale Landing Zoning Districts
8. Mark- up of Chapter 17. 60 Southeast Stewart Tract Zoning Districts
9. Mark- up of Chapter 17. 62 Central Lathrop Zoning Districts
10. Mark- up of Chapter 17. 64 Home Occupations
11. Mark- up of Chapter 17. 76 OfF- Street Parking and Loading
12. Mark- up of Chapter 17. 80 Accessory Dwelling Units
13. Mark- up of Chapter 17. 97 Wireless Communication Facilities
14. Mark- up of Chapter 17. 100 Site Plan Review
15. Mark- up of Chapter 17. 108 Administrative Approval of Certain Uses
16. Planning Commission Resolution No. 21- 30
CITY MANAGERS REPORT PAGE 9
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
APPROVALS:
12 22 Zn2!
David Niskanen ate
Contract P nner
1 z
Z 2 z
Ric Caguiat Dat
Pr' cipal PI ner
7i Zl 7.l
V
Mar ` Meissn D te
Co munit evelopment Direct
i I il
Salvador Navarrete Date
City Attorney
ott 1- ( O- Zo2Z
Stephen J. Sal Date
City Manager
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
ADOPTING VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO
MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, THE ZONING CODE AND TITLE 10, VEHICLES AND TRAFFIC ( TA- 21- 151) WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a regular meeting on December 15, 2021, at which they adopted PC Resolution No. 21- 30 recommending City Council adopt Municipal Code Text Amendment No. TA- 21- 151 pursuant to the Lathrop Municipal Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on January 10, 2022 to review and consider Municipal Code Amendment No. TA- 21- 151; and
WHEREAS, the proposed code amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a Planning Commission recommendation to the City Council by resolution; and
WHEREAS, the proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the proposed code amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamline procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve Municipal Code Amendments as shown on Attachments ' 2", " 3" ' 4", " 5", 6", " 7", 8", " 9", " 10", " il", 12", " 13", " 14", and " 15" incorporated by reference herein.
Ordinance No. 22-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachments 2", " 3", " 4", 5", ' 6", " 7", ' 8", 9", " 10", " 11", 12", 13", 14", and 15" incorporated by reference herein.
Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date. This Ordinance shall take legal efFect 30 days from and after the date of its passage.
Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 22-
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 10th day of January, 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATfEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22-
Parking— Chapter 10. 24 Mark- Up ATTACHMENT 2
New text is shown by underline; deleted text is shown by 1 Chapter 10. 24 PARKING
10. 24. 110 Parking of trailers and recreational vehicles prohibited.
A. No person who owns, has possession, custody or control of any trailer or any semi-trailer shall park such trailer or semi-trailer upon any street, alley, public way or public place, unless such trailer or semi-trailer, at such times it is so parked, is attached to a motor vehicle capable of providing the motive power far moving the trailer or semi-trailer upon the street, alley, public way or public place.
B. This section shall not prohibit the parking of a trailer or semi- trailer in the process of being loaded or unloaded, nor of a trailer or semi- trailer which is disabled in such a manner and to such an extent that it requires some vehicle or facility other than its normal means of motivation to move the same along such street, alley, public way or public place; provided, however, such trailer or semi-trailer so disabled may remain so parked while unattached to the motor vehicle described in this section only for the time necessary for the vehicle or facility to be provided for its removal, and in no event longer than two hours. ( Ord. 93- 104) C. Recreational vehicles such as travel trailers motorhomes marine vessels allterrain vehicles, and similar vehicles can park on the street no longer than 48- hours for the pur ose of loading, unloading, cleanin, and reparation before or after use.
General Requirements and Exceptions — Chapter 17. 16 Mark- Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by *' r^' Chapter 17. 16 GENERAL REQUIREMENTS AND EXCEPTIONS
17. 16.010 Temporary subdivision signs and sales of ces.
Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two years from the date of recordation of the subdivision. Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two years, a renewal of time is granted by the community development director. Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Chapter 17. 84. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the community development director in accordance with Chapter 17. 108. ( Ord. 13- 329 § 1; Ord. 92- 73) R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by Chapter 17. 32 R ONE- FAMILY RESIDENTIAL DISTRICT
17. 32. 020 Permitted uses.
A. One- family dwellings;
B. Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a noncommercial basis;
C. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement;
D. A " small family day care home" as defined and regulated by the State Health and Safety Code, which provides care to eight or fewer children, including children who reside in the home;
E. A " lare
family day care home" as defined and regul ted bv the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, inclLiding children who reside in the home;
F. A " Residential Care Facility" as defined by the State Health and Safety Code, which provides care to six or fewer persons, whether or not related; G. Accessory structures and uses located on the same site with a permitted use; H. Other uses which are added to this list according to the procedure in Section
17. 16. 020;
I. The keeping of animals in accordance with the standards of Chapter 17. 28. ( Ord. 21- 418 § 10; Ord. 16- 365 § 1; prior code § 176. 02)
17. 32. 030 Permitted uses— Administrative approval required.
The following uses may be permitted in accordance with Chapter 17. 108:
A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Section 17. 16.010; B. Gas and electric transmission lines in accordance with Section 17. 108. 080, R One-Family Residential District— Chapter 17. 32 Mark-Up ATTACHMENT 4 electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks; C. Garden structures in accordance with Section 17. 32. 050; D. Mobilehomes on permanent foundations designed in accordance with the standards of Chapter 17. 68;
E. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use;
FF. Home occupations in accordance with Chapter 17. 64; G. Incidental and accessory structures and uses as defined in Section 17. 04. 080, located on the same site as a use permitted by administrative approval or conditional use; H. A second housing unit in accordance with the provisions of Chapter 17. 80; I3. Other uses which are added to this list according to the procedure in Section
17. 16. 020. ( Ord. 97- 151; Ord. 92- 73)
RM Multifamily Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by l Chapter 17. 36 RM MULTIFAMILY RESIDENTIAL DISTRICT
17. 36. 010 Purposes and application.
The RM multifamily residential districts are intended primarily for the development of multifamily residential structures at densities consistent with policies of the general plan, as follows:
A. The RM- MH8 district is intended exclusively for application to areas designated by the general plan or any applicable specific plan for mobilehome park development.
B. The RM- 3 district is intended exclusively for application to areas designated by the general plan for medium density.
C. The RM- 2 district is intended primarily for application to areas designated by the general plan for high density _"^' ^ ' r^ m +' ^ r+r^"„.;~.' ';+ r:^+ b
s—( Ord. 92- 73)
17. 36. 020 Permitted uses.
A. One- family dwellings;
B. Multifamily dwellings;
C. A residential care facility, as defined in Section 17. 32. 020; D. A " small family day care home" as defined and re ulated by the State Health and Safety Code, which provides care to eiQht or fewer children, including children who reside in the home;
E. A " larQe family day care home" as defined and repulated by the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, includin children who reside in the home;
FD. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement or a front yard;
GE. Incidental and accessory structures and uses located on the same site with a permitted use;
RM Multifamily Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 5 HF. Other uses which are added to this list according to the procedure in Section
17. 16. 020;
IG. The keeping of animals in accordance with the standards of Chapter 17. 28; JH. Emergency shelters, in accordance with the provisions of Chapter 17. 74. ( Ord. 21- 418 § 11; Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 92- 96; Ord. 92- 73)
17. 36. 030 Permitted uses— Administrative approval required.
The following uses may be permitted in accordance with Chapter 17. 108:
A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Section 17. 16.010; B. Gas and electric transmission lines in accordance with Section 17108.080, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks; C. Rest homes and nursing homes, and boarding or rooming houses; be}}- a'- hs- E P% R Ei a t,* h c f u t, , @-- 20rir., rc cr-v rric ucc- r=carm--arcci9t 2; DE. Garden structures in accordance with Section 17. 36.050( F); EF. Private clubs and lodges;
FG. Mobilehomes on permanent foundations designed in accordance with the standards of Chapter 17. 68;
GH. A second housing unit in accordance with the provisions of Chapter 17. 80; HI. Home occupations in accordance with the provisions of Chapter 17. 64; IJ. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use; JK. Other uses which are added to this list according to the procedure in Section
17. 16. 020. ( Ord. 97- 151; Ord. 92- 73)
Combining Districts— Chapter 17. 52 Mark- Up ATTACHMENT 6 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 52 COMBINING DISTRICTS
17. 52. 030 Mossdale Village combining district ( MV).
A. Application. The Mossdale Village combining district ( MV) is intended for application to all lands located within the Mossdale Village portion of the West Lathrop Specific Plan. The designation of MV after any zoning district indicates that the zoning district so combined is modified by the regulations included in the West Lathrop Specific Plan then in effect.
B. Applicable Regulations and Procedures. The development of property within the MV combining district shall be subject to the regulations found in the West Lathrop Specific Plan ai d the ap licable Urban Design Conce t. In addition, it is anticipated that agricultural use of the land within the MV combining district will continue for many years. Therefore, the following shall be considered conforming uses in any zoning district which is combined with the MV combining district:
1. Field crops, tree crops, row crops, berry or bush crops, provided no additional land shall be planted in cotton, trees, or vines;
2. Farms for the keeping or raising of animals, excluding poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, slaughterhouses and kennels unless otherwise specifically permitted in the zoning district which is combined or if they exist on the day the property annexes. Any new poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, slaughterhouses and kennels proposed subsequent to annexation are specifically prohibited.
C. Conditionally Permitted Uses— Commission Approval Required. The following use may be approved according to the procedures in Chapter 17. 122:
1. Recycled water storage ponds and sprayfields. ( Ord. 04- 237 § 4; Ord. 96- 132) Mossdale Landing Zoning Districts— New Chapter 17. 57 Mark- Up ATTACHMENT 7 New text is shown by underline; deleted text is shown by l Chapter 17. 57 Mossdale Landin Zonin Districts
17. 57. 010 Mossdale Landin Zonin Districts— purpose and application The Mossd le Landin Zonin Districts are subject to the Mossdale Landin Urban Design Conce t, the Mossdale Landin East Urban Desi n Conce t or Mossdale Landing South Urban Design Concept.
Southeast Stewart Tract Zoning Districts — Chapter 17. 60 Mark- Up ATTACHMENT 8 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 60 SOUTHEA5T STEWART TRACT ZONING DISTRICTS
17. 60. 010 Southeast Stewart Tract districts; Purposes and application.
The zoning districts in this chapter are designed to provide the opportunity for a wide variety of residential and commercial uses that are compatible with the West Lathrop Specific Plan. The following regulations are supplemented by the entire text of the West Lathrop Specific Plan and are always combined with the ST ( Southeast Stewart Tract) combining zone. Except as specifically noted, these zoning districts are limited to the Southeast Stewart Tract. ( Ord. 03- 215 1; Ord. 96- 132)
17.60.020 C-REC-ST: commercial recreation zoning district.
A. Application. The C- REGST zoning district is intended to provide a variety of commercial uses that will include resorts, theme parks, specialty lodging, rypical highwayoriented uses and recreational related uses. Such a variety of uses will need special attention as to their design to ensure proper integration and compatibility. The urban design concept review shall establish a precise mix of uses in accordance with the general categories described in this section.
B. Permitted Uses. The following uses shall be permitted in areas covered by an urban design concept:
1. Theme parks and wildlife parks, family entertainment centers, special events and exhibition facilities;
2. Hotels, motels, resort hotels, chalets and related lodging establishments;
3. Highway- oriented retail uses, including restaurant, fast food restaurants, small food markets and service stations;
4. Farmer' s market and related commercial and entertainment facilities;
5. Transit and commuter parking facilities;
6. Golf courses and other sport facilities;
7. Campgrounds, R.V. parks and similar uses;
8. Specialty retail and entertainment uses including the retail transit center as defined by the urban design concept;
9. Special events as defined by the urban design concept; Southeast Stewart Tract Zoning Districts — Chapter 17. 60 Mark- Up ATTACHMENT 8
10. Other compatible uses which are added to this list according to the procedure in Section 17. 16. 020.
C. Conditionally Permitted Uses. The following uses shall be permitted in areas covered by an urban design concept subject to securing a conditional use permit in accordance with the review procedure described in the West Lathrop Specific Plan.
1. Marinas and related uses;
2. Other compatible uses which are added to this list according to the procedure in Section 17. 16. 020.
D. Development Standards. Specific development standards for the commercial recreation ( C- REC) district shall be established as part of the urban design concept review by utilizing the following design guidelines:
1. By utilizing a creative approach to landscaping and screening, parking areas shall not become the predominant feature of the streetscape, especially as it relates to adjacent open spaces and arterial streets.
2. Landscaping and irrigation standards shall generally follow those required by Chapter 17. 92 and may be modified by the required UDC review by city staff, prior to issuance of development or building permits.
3. Building setbacks shall be varied in accordance with corresponding building heights, uses and proposed shop front and street activity. Higher structures may require a larger front yard setback, for example.
4. Signage and minimum parking requirements ( such as type and number of parking stalls) shall generally follow Section 17. 84. 100 and Chapter 17. 76 respectively, and may be modified by the required urban design concept review by city staff, prior to issuance of development or building permits. ( Ord. 03- 215 § 1; prior code § 194. 02) o. T4- o e- u' a' iC
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Southeast Stewart Tract Zoning Districts— Chapter 17. 60 Mark-Up ATTACHMENT 8
17.60.03b0 R-ST: residential zoning district.
Application. The residential zoning district shall only be applied t f•„";'" r.; a n*;' r ' approximately nine acres3 on the Southeast Stewart Tract and is defined as those uses and development standards found in Chapter 17. 32. Sinale-family residential uses and clustered housing are permitted with a density in compliance with the City' s General Plan.
Ord. 96- 132)
17.60.04 0 RCO: resource conservation and open space zoning district.
Application. The resource conservation and open space zoning district shall be that described in Chapter 17. 20, except that uses listed in Section 17. 20. 040 ( Conditional uses) shall be permitted uses herein subject to securing site plan approval. ( Ord. 96- 132)
17. 60. 05 0 UR: urban reserve zoning district.
Application. The urban reserve zoning district shall be that described in Chapter 17. 24.
Ord. 96- 132)
17. 60. 0610 Review process.
The review process for all applications on the Southeast Stewart Tract or in Mossdale Village shall be those described in the West Lathrop Specific Plan. If any process or application is not included in the West Lathrop Specific Plan, then the process as found in the city code shall apply. ( Ord. 03- 215 § 1; Ord. 96- 132)
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 New text is shown by underline; deleted text is shown by P* r; vo*, r^,,., Chapter 17. 62 CENTRAL LATHROP ZONING DISTRICTS
Article 2. VR- CL: Variable Density Residential District
17. 62.021 Purpose and application.
The VR-CL zoning district provides for a mix of low- and medium- density residential uses, The VR-CL District regulations are designed to promote and encourage a pleasant environment for family life and to provide space for community facilities needed to complement residential neighborhoods. ( Ord. 04- 245 § 3)
17. 62. 022 Permitted uses.
A. One- family dwellings;
B. Multi- family dwellings;
C. A " small family day care home" as defined and regulated by the State Health and Safety Code, which provides care to eight or fewer children, including children who reside in the home;
D. A "lar e family day care home" as defined and re ulated by the State Health and Safety Code for nine to fourCeen ( 14) children, inclusive, includin children who reside in the home;
E. A small residential care home;
F. An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six or less persons, whether or not related; G. Accessory structures and uses located on the same site with a permitted use; Hf. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non- commercial basis, provided that no swimming pool shall be located within a utility easement or a front yard;
I. Neighborhood parks;
J. Open space;
K. Public or private playgrounds;
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 L. Public schools;
M. The keeping of animals in accordance with Chapter 17. 28 of the Lathrop Zoning Code;
N 14. Other uses which are added to this list according to the procedures in Section
17. 16. 020 of the Lathrop Zoning Code. ( Ord. 16- 365 § 1; Ord. 04- 245 § 3)
17. 62.023 Permitted uses: administrative approval required.
The following uses may be permitted in accordance with the provisions of Chapter
17. 108 of the Lathrop Zoning Code:
A. Rest homes and nursing homes; and boarding ar rooming houses.
BE. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.
C. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.
D£. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. O10of the Lathrop Zoning Code. b
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E. Garden structures in accordance with the development standards described in this section.
F#. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.
G. Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Section 17. 04.080 of the Lathrop Zoning Code.
H. Incidental and accessory structures and uses as defined in Section 17. 04.080 of the Lathrop Zoning Code on the same site as a use that is permitted by administrative approval or a conditional use.
I. Other uses added to this list according to the procedures in Section 17. 16.020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3)
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 Article 3. HR-CL: High Density Residential
17. 62. 031 Purpose and application.
The HR-CL zoning district is intended to provide for the development of multi-family residential uses at densities consistent with the General Plan. These uses and regulations are designed to afford livable neighborhoods while incorporating other uses for community facilities and needs to facilitate urban living. ( Ord. 04- 245 3)
17. 62. 032 Permitted uses.
A. One- family dwellings limited to:
1. A single- family dwelling replacing an existing single- family dwelling on a one for one basis,
2. A single-family dwelling on an existing lot of eight thousand (8, 000) square feet or less, or
3. Single- family dwellings that are part of a housing development with the majority of units affordable to extremely low, very low, and/ or low income households; multifamily dwellings;
B. Two or more single-family dwellings proposed for the same site limited to:
1. One of the single- family dwellings is replacing an existing single- family dwelling on a one for one basis,
2. The dwellings are on an existing lot of 8,000 square feet or less, or
3. Single- family dwellings that are part of a housing development with the majority of units affordable to extremely low, very low, and/ or low income households; C. Multifamily dwellings, flats, townhouses or apartments; D. Duplexes;
E. Artist' s studios; live/ work units;
F. A small family day care home, a substance abuse recovery facility, or a small residential care home as provided in Section 17. 32. 020 of the Lathrop Zoning Code; G. A "lar e famil dav care home" as defined and regulated by the State Health and Safery Code for nine to fourteen (' 14) children, inclusive, includin children who reside in the Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 home;
HG. Fenced or enclosed swimming pools for either individual, family or communal use or an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement or a front yard;
IH. Incidental and accessory structures and uses on the same site as a permitted use; JI. Neighborhood parks;
KJ. Open space;
LK. Public or private playgrounds;
ML. The keeping of animals in accordance with Chapter 17. 28 of the Lathrop Zoning Code;
NM. Other uses added to this list according to the procedures in Section 17. 16.020 of the Lathrop Zoning Code. ( Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 04- 245 § 3)
17. 62.033 Permitted uses: administrative approval required.
The following uses may be permitted in accordance with the provisions of Chapter
17. 108 of the Lathrop Zoning Code:
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AE. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.
B. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. 010.
C. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.
D. Garden structures in accordance with the development standards described in this section.
Ef. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 F. Incidental and accessory structures and uses on the same site as a use permitted by administrative approval or conditional use.
G. Other uses added to this list according to the procedures in Section 17. 16. 020.
Ord. 04- 245 § 3)
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Article 4. R/ MU- CL: ResidentiaVMixed- Use Zoning District
17. 62. 041 Purpose and application.
The R/ MU- CL zoning district provides for a mix of ar a single use of retail, services, restaurants, offices, higher density residential, and/or civic uses. This flexibility allows the ability to create interesting projects and other spaces at the core of the community, and to relate to the surrounding land uses and activities. ( Ord. 04- 245 § 3)
17. 62. 042 Permitted uses.
fS' Fi i- CtrYrivcc 6" rnTv vz ci'l[ cTirrttri:-- rc- c A. Any use listed as permitted in Section 17. 62.032: permitted uses in the HR-CL district.
BE. Services including, but not limited to:
1) Arts instruction ( music, dance, painting)
2) Appliance and equipment repair ( small)
3) Automatic teller machine
4) Barber/ beauty shop/ nail salon
5) Copying and printing
6) Drapery and blind installation
7) Dry cleaner/ laundry ( no plant on premises)
8) Format wear/ rental
9) Laundromat
10) Locksmith
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 11) Photographic studio
12) Tailor
13) Travel agency
14) Watch and clock repair
C. Local serving retail including, but not limited to:
1) Apparel/ accessories
2) Art gallery/ supply store
3) Automotive supply
4) BageUdonut shop
5) Bakery
6) Beauty supply store
7) Beer/ wine store, sales- tasting
8) Bicycle shop
9) Bookstare/ newsstand
10) Cafe
11) Camera equipment and supply
12) Candy and confectioners
13) Computers/ electronic equipment
14) Coffeehouse
15) Costume/wig shop
16) Consignment/ thrift store
17) Fabric/ craft store
18) Delicatessen
Central Lathrop Zoning Districts— Chapter 17. 62 Mark-Up ATTACHMENT 9 19) Drug/ pharmacy ( prescription and over the counter) 20) Dry goods
21) Floor coverings
22) Florist/plant shop ( fertilizer to be stored and sold only in packaged form) 23) Food/ grocery store— Supermarkets, markets, health, specialty, other 24) Gift shop/ novelties
25) Hardware
26) Home appliances
27) Ice cream/ yogurt shop
28) Jewelry store
29) Music store
30) Paint, glass and wallpaper store
31) Party supplies
32) Pet store and supplies
33) Phone/ Internet service provider
34) PostaUmail store
35) Picture framing shop
36) Restaurant( no drive- through)
37) Shoe store/ shoe repair
38) Specialty goods, including cooking supplies, house wares, linen, window coverings, china/ glassware, etc.
39) Sporting goods
40) Stationary/ office supplies/ card shop
41) Toy store/ hobby shop
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 42) Variety store
43) Video store, subject to limitations of Chapter 5. 08 of the Lathrop Municipal Code D. Business and professional offices, including, but not limited to:
1) Professional offices including accounting, architectural, dental, engineering, legal, etc.
2) Small business offices
E. Other uses including, but trot limited to:
1) Outdoor seating for food establishments
2) Parking lot
G. Incidental and accessory structures and uses on the same site as a permitted use.
F. Other uses added to this list by the planning commission according to the procedures in Section 17. 16. 020 of the Lathrop Municipal Code. ( Ord. 04- 245 § 3)
17. 62. 043 Permitted uses: administrative approval required.
The following uses may be permitted in accordance with the provisions of Chapter
17. 108 of the Lathrop Zoning Code:
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A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision in accordance with Section 17. 16. 010 of the Lathrop Zoning Code.
BE. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. 010.
C. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.
D. Garden structures in accordance with the development standards described in this chapter
E. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.
F. Banks, savings and loan and other financial institutions.
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 9 G. Electrical transmission and distribution sub- stations, gas regulator stations, public service pumping stations and elevated pressure tanks.
H. Garden supply and plant nurseries.
I. Liquor, packaged.
J. Medical, optometry, and dental clinics and offices.
K. Recreational facility—Indoor.
L 4. Incidental and accessory structures and uses on the same site as a use permitted by administrative approval or conditional use.
M. Other uses added to this list according to the procedures in Section 17. 16. 020.
Ord. 04- 245 § 3)
17. 62. 044 Conditional uses— Planning commission approval required.
The following uses may be permitted in accordance with the provisions of Chapter
17. 112 of the Lathrop Zoning Code:
A. State authorized licensed day care centers r*'* r ^ r " .
B. Churches and other religious facilities.
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C. Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent ( 50°Io) or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($ 200), and nonconforming fences, walls and hedges.
D. Gas and electric transmission lines in accordance with Section 17. 108.080 of the Lathrop Zoning Code, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.
E. Public and quasi- public uses of an educational or religious type, including parochial schools, colleges, nursery schools, private non-profit schools and colleges, churches, parsonages and other religious institutions.
FCC. Public uses of an administrative, recreational, public service or cultural type including post offices, libraries, museums, art galleries, and other public buildings, structures and Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 facilities; and community centers, senior centers and youth centers.
G. Public and private charitable institutions, hospitals, sanitariums, including a state authorized, certified or licensed family care homes, foster homes or group homes serving seven or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for the alcohol and/ or chemically dependent, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.
H. Reclaimed water storage and water quality ponds.
I. Spray fields.
J. Storm drain detention and retention ponds.
K. Bars, cocktail lounges or nightclubs.
L 4. Microbreweries.
M9. Street fair or farmer' s market.
N. Theater— Indoor ( dinner, movie, live play, etc.).
OQ. Video arcade.
P. Other uses added to this list according to the procedures in Section 17. 16. 020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3)
Table 17. 62. 120 Central Lathrop Specific Plan: Non- Residential Site Development Standards
Of ce Off'ice- Neighborhood Specialty Residential PublidSemiCommercial Comm./ Var. Commercial Commercial Mixed- Use Public/ CO- CL) ResJWWTP ( NGCL) ( SPGCL) ( R/ MU- CL) Neighborhood OC/ VR/ WWTP- Commercial
CL) P/ SP/ NGCL)
Min. Street Frontage
Setbacks
Lathrop Center District
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a n/ a
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10 n/ a 10
Other Setbacks
Front, Rear and Side Yards 0 0 0 0 0 0
Hei ht Re uirements
Maximum Building Height
3 75 75 45 35 65 45
S ecial Tower Elements n/ a n/ a 70 70 70 70
Minimum Buildin Hei ht n/ a n/ a 15 IS 15 15
Buildin Se aration
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 OfCce Of ce- Neighborhood Specialty Residential PublidSemiCommercial CommJVar. Commercial Commercial Mixed- Use Public/ CO- CL) Res./ WWTP ( NC- CL) ( SPGCL) ( R/ MU- CL) Neighborhood OC/ VR/ WWTP- Commercial
CL) P/ SP/ NGCL)
Standard Per CBC
5 Per CBC
5 Per CBC 5
Per CBC 5
Per CBC
5 Per CBC 5
Pedestrian Access Width 15 15 15 15 IS 15
Lot Size and Covera e
Minimum Parcel Area None None None None None None
Minimum Width None None None None None None
Minimum De th None None None None None None
Maximum FAR 0. 60 0. 60 0. 60 0. 40 4. 0 0. 60
Maximum Covera e 70% 70% 60% 60% 90% 70%
Off- Street Parkin
Remainder of CLSP 1 stall er 400 net asable s . ft. for office; other uses er Cha ter 17. 7684 of the Lathro Munici al Code Notes to Table 17. 62. 120
1 n/ a= not applicable.
2 Building or parking area fronting any public street - measured from property line or rightof-way. 3 Exceptions to maximum height may be granted through Design Review for towers, steeples, cupolas, dormers, flagpoles and other architectural elements. 4 Minimum width between structures when pedestrian access way provided. s
Califarnia Building Code.
6 Reductions of parking standards may be granted for shared parking subject to approval of a parking study concurrent with Design Review.
Ord. 08- 276 § 1)
Home Occupations — Chapter 17. 64 Mark- Up ATTACHMENT 10 New text is shown by underline; deleted text is shown by 1 Chapter 17. 64 HOME OCCUPATIONS
17. 64. 010 Procedure.
Home occupations shall be permitted only in accordance with the regulations in Chapter 17108 and this chapter. ( Ord. 92- 73)
17. 64. 020 Standards.
A. Before approving an application for a home occupation in accordance with the provisions of Chapter 17. 108 and this section, the planning director shall determine that the proposed home occupation will comply with the following standards:
1. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.
2. A home occupation shall not be conducted in any accessory structure, other than a garage, and there shall be no storage of equipment or supplies in any accessory structure, other than a garage, or outside the dwelling.
3. Only residents of the dwelling may be engaged in work activities at the residence.
Employees may not come to the residence for work purposes, including pick- up of materials, vehicles, assignments, or similar purposes.
4. Sales of goods on the premises shall be limited to the products of the home occupation, and no merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.
5. Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises; provided, that such merchandise is limited to small articles, such as jewelry, cosmetics and similar items of inerchandise which can be carried by one person in a case or other container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry and landscaping are not included within the meaning of the clause " small articles."
6. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall not include beauty salons, barber shops, medical offices, tattoo parlors, fortune tellers, palm readers or similar services, unless otherwise permitted to operate a Mobile Unit authorized by the CA Department of Consumer Affairs, Board of BarberinQ and Cosmetolo y.
Off-Street Parking and Loading— Chapter 17. 76 Mark-Up ATTACHMENT 11 New text is shown by underline; deleted text is shown by 1 Chapter 17. 76 OFF- STREET PARKING AND LOADING
17.76.020 Off-street parking facilities required.
A. Definition. A " parking space" shall be an area for the parking of a motor vehicle, plus those additional areas and facilities required to provide for safe access to and from the space. The area set aside to meet these provisions must be useable and accessible for the type of parking need that must be satisfied.
B. Special Limitations and Requirements in Residential Areas.
1. In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick- up camper, fifth wheel or dune buggy, utility trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carpart; no- semi truck and trailer, semi-truck, trailer or other truck exceeding one ton of capacity shall be parked within any residential district.
2. In any residential district, all motor vehicles incapable of movement under their own power, other than in cases of emergency accident or breakdown, shall be stored in an entirely enclosed space, garage ar carport. No mare than one such vehicle shall be so stored at any time, and no more than one such vehicle shall be allowed to be under repair at any time.
Parking on lawns or other areas in front yards, other than on a driveway, is prohibited.
C. When Off-Street Parking is Required. Except as provided in subsection J below or in Section 17. 76. 100, there shall be provided off-street parking facilities in accordance with the provisions of this chapter when any of the following shall occur:
1. Initial occupancy of a site;
2. A major alteration or enlargement of a use, site or building;
3. A change in use that requires additional parking.
Accessory Dwelling Units— Chapter 17. 80 Mark- Up ATTACHMENT 12 New text is shown by underline; deleted text is shown by l Chapter 17.80 ACCESSORY DWELLING UNITS
17. 80. 030 Development standards.
A. Development Standards. Accessory dwelling units shall comply with the following standards:
1. ADU Type, Location & Size.
a. Attached Unit. An ADU attached to an existing primary dwelling shall not exceed fifty percent ( 50%) of the total existing or proposed living area of the primary dwelling. b. Detached Unit. An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed one thousand two hundred ( 1, 200) square feet. c. ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.
d. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
2. JADU Location, Size, and Standards.
a. A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed five hundred ( 500) square feet. b. JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.
c. A JADU, at a minimum, shall include an efficiency kitchen as defined in Section
17. 04. 080.
d. The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.
e. Prior to issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the County Recorder, which shall run with the land and include the provisions listed in Government Code Section 65852. 22.
Accessory Dwelling Units — Chapter 17. 80 Mark- Up ATTACHMENT 12
3. Setbacks.
a. Have minimum interior side and rear setbacks of four feet and street side setback of ten ( 10) feet.
b. No setback shall be required for an existing living area or accessory structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
c. Setback from Structures. Be set back from other structures on the parcel consistent with the city-adopted building code.
4. Height. Not to exceed one story or sixteen ( 16) feet in height, except that a detached accessory dwelling unit may be constructed above a detached garage to a maximum height of thirty ( 30) feet.
5. Location on Parcel. An accessory dwelling unit can either be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling.
B. Compatibility. The accessory dwelling unit shall be designed and constructed to be compatible with the existing house as to height, style, materials, and colors.
C. Access. Doorway access shall be provided either to the side or rear of the accessory dwelling unit. Doorway access may front the street for detached ADUs as long as the detached ADU is recessed from the main dwellin4 unit and located behind the front yard fence.
The accessory dwelling unit shall utilize
the same vehicular access which serves the existing dwelling unit.
Wireless Communication Facilities— Chapter 17. 97 Mark- Up ATTACHMENT 13 New text is shown by underline; deleted text is shown by - vo*, r^„, Chapter 17. 97 WIRELESS COMMUNICATION FACILITIES
17. 97. 010 Purpose and intent.
The purpose of this chapter is two- fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Lathrop; and ( B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with: ( 1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and high-capacity broadband wireless communication facilities technology and innovations and the delivery of ultra- high- speed and high- capacity broadband wireless communications facilities services; ( 2) the interest in safeguarding the environment, and addressing aesthetics and other local values; and ( 3) the interest in promoting the public health, safety and welfare in Lathrop.
A wireless communications facility is permitted to be sited in Lathrop subject to applicable requirements imposed by this chapter, which- includes a site plan review process, and a conditional use permit '^*^ n rr
c,
r^* h. These processes are intended to permit
wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this chapter are tailored to the type of wireless communication facility that is sought. Building- mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this chapter. ( Ord. 16- 369 § 1)
17.97.080 Tier 3 WCF permit process and ndings.
A. A Tier 3 WCF permit shall be reviewed by the planning commission as part of a site plan review ande conditional use permit. If denied by the planning commission, applicant may appeal to city council for reconsideration pursuant to Section 17. 100. 070.
B. The council on appeal shall grant a Tier 3 WCF permit provided the proposed WCF complies with the development standards in Section 17. 97. 090 and the conditions of approval in Section 17.97. 100, and all of the site plan review findings in Chapter 17. 100 and the conditional use permit findings in Chapter 17. 112 can be made.
C. Planning commission or city council on appeal, shall deny a Tier 3 WCF permit if the above findings cannot be made. ( Ord. 16- 369 § 1)
Site Plan Review— Chapter 17. 100 Mark- Up ATTACHMENT 14 New text is shown by underline; deleted text is shown by l Chapter 17100 SITE PLAN REVIEW
l
17. 100. 110 Revocatio n.
The revocation of a site plan shall be governed by the provisions of Section 17112. 12 0.
Ord. 92- 73)
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 15 New text is shown by underline; deleted text is shown by l Chapter 17. 108 ADMINISTRATIVE APPROVAL OF CERTAIN USES
17. 108. 090 Review of temporary uses.
In order to assure the protection of the health, safety and welfare of the citizens of the city, while still providing for their pleasure and convenience, the community development director or the city manager' s designee may issue a permit for the establishment of temporary uses within the city in accordance with the following procedure and conditions; however, at his or her discretion or at the request of the planning commission, he or she may refer any application for a temporary use or structure to the planning commission for consideration.
A. Prior to the establishment of any temporary use on any lot or parcel in the city, an administrative approval shall be obtained from the planning division. Such permit may be issued for a maximum of thirty ( 30) days after the date of issue for any use which is deemed by the community development director or the city manager' s designee, to be of a temporary nature upon making the findings required in Section 17. 108. 030.
B. Temporary uses for which permits may be granted include, but are not limited to, carnivals, circuses, religious revivals, Christmas tree lots, promotions and sales in trucks or trailers, animal shows or displays and pumpkin patches.
C. Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section.
D. Ingress and egress shall be limited to that designated by the community development department. Appropriate directional signs, barricades, fences or landscaping shall be provided where required.
E. Off-street parking facilities shall be provided on the site of each temporary use.
F. Upon termination of the temporary use or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to its original condition.
G. The opening and closing time for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the community development director or the city manager' s designee, based on the impact of the use on surrounding properties.
H. The following temporary uses are exempt from the permit requirements of this chapter, provided that they comply with the development standards listed herein:
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 15
1. Garage sales consistent with Section 17. 16. 110.
2. Fireworks stand, provided that the necessary permit( s) are obtained from the fire department and/ or other regulatory agencies consistent with the requirements of Chapter 8. 13.
3. Temporary events sponsored by the City and held on City owned facilities or property.
4. Temporary construction/lavdown yard for a utility cornpany that is associated with a construction roject in the Cit
I. Applications for temporary permits shall be submitted and processed as described in this chapter except that the application shall be accompanied by the following:
1. Five copies of a dimensional plot plan showing the following:
a. The subject property with the lot lines and abutting properties, b. The location of the temporary use related to the subject and adjoining properties, c. The parking, driveways and loading areas,
d. The vehicular ingress and egress;
2. One copy of the dimensioned elevations of any structure proposed for the location;
3. A description of the proposed means of providing sewer and water to the site, if appropriate;
4. A copy of the notice to animal control as required by Section 25989. 1 of the California Health and Safety Code.
J. The community development director or the city manager' s designee shall have the authority to approve or disapprove the application, or to approve it subject to compliance with such conditions as may be deemed necessary to carry out the purposes of this title and to meet the requirements listed in subsection A of this section.
K. In the event the applicant is not satisfied with the decision of the community development director or the city manager' s designee, the applicant may appeal the decision as outlined in Section 17. 108. 050. ( Ord. 13- 329 § 1; Ord. 10- 298 § 1; Ord. 99- 168)
CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 21- 30
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF LATHROP
RECOMI NDING CITY COUNCIL ADOPT VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO MODERNIZE, SIMPLIFY, AND STREANII.INE VARIOUS SECTIONS OF TITLE 17, ZONING CODE AND TITLE 10, VEHICLES AND TRAFFIC ( TA- 21- 151)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the text amendment pursuant to the Lathrop Municipal Code; and WHEREAS, the proposed text amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and
WHEREAS, the proposed text amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061( b)( 3) by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the Planning Commission finds that the proposed text amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamiine procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council adopt Municipal Code Text Amendment No. TA-21- 151 as shown in Attachments 2 through 15, incorporated by reference herein.
Planning Commission Resolution No. 21- 30 Page 1 of 2
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 15` h
day of December, 2Q21 by the following vote:
AYES: Dresser, Rhodes, Ishihara, Ralmilay
NOES: None
ABSTAIN: None
ABSENT: Gatto
Steve resser, Chair
ATTEST: APPROVED AS TO FORM:
k M is er, S retary Salvador Navarrete, City Attorney
Planning Comrnission Resolution No. 21- 30 Page 2 of 2