ITEM 4.3
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 431 OF THE CITY OF LATHROP AMENDING
VARIOUS SECTIONS TO THE LATHROP MUNICIPAL
CODE TO MODERNIZE, SIMPLIFY, AND STREAMLINE
VARIOUS SECTIONS OF TITLE 17, ZONING CODE,
AND TITLE 10, VEHICLES AND TRAFFIC ( TA- 21- 151)
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 431 By Title Only To Update Various Sections To The Lathrop
Municipal Code To Modernize, Simplify, And
Streamline Various Sections Of Title 17, 2oning Code,
And Title 10, Vehicles And Traffic ( TA- 21- 151)
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 431 entitled:
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)
SUMMARY:
On January 10, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, and Torres- O' Callaghan
NOES: None
ABSTAIN: None
ABSENT: Diallo and Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
T esa Va g s, City Clerk Date
ORDINANCE NO. 22- 431
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", " 11", " 12", 13", 14", and 15" incorporated by reference herein.
Ordinance No. 22- 431
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- 431
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
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 431
Parking— Chapter 1024 Mark- Up ATTACHMENT 2
New text is shown by underline; deleted text is shown by * r;' o+, r^„ n, Chapter 10. 24 PARKING
l
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 for 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 purpose of loadin unloading cleanin and preparation 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;', o*, r^„, Chapter 17. 16 GENERAL REQUIREMENTS AND EXCEPTIONS
17. 16. 010 Temporary subdivision signs and sales offices.
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. 108-1. ( 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 * r;' o+, r^, nti 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
familv dav care home" as defined and regulated by the State Health and Safet,y Code for nine to fourteen ( 14) children, inclusive includin 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; HF. Other uses which are added to this list according to the procedure in Section
17. 16. 020;
II. The keeping of animals in accordance with the standards of Chapter 17. 28. ( Ord. 21- 418 § 10; Ord. 16- 3 65 § 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 accardance 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 accardance with the standards of Chapter 17. 68;
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E-. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use;
F. 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; 1;. 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 * r;', o* tir^„ n" 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 ';^' ^ m *' r*,"^;„ ';* N;* a€-( 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 b_y the State Health and Safety Code, which rovides care to ei ht or fewer children, includin children who reside in the home;
E. A " lare
family day care home" as defined and re ulated 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- 3 65 § 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 17. 108. 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; g-- ca e- l e+ e'= S ec
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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; HL 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 * r;' o*, r^„ n, 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 and the a plicable Urban Desi n 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 * r;' o*, r„, Chapter 17. 57 Mossdale Landin Zonin Districts
17. 57.010 Mossdale Landin Zonin Districts— nurpose and application The Mossdale Landin Zonin Districts are subject to the Mossdale Landing Urban Desi n Concept, the Mossdale Landing East Urban Design Concept or Mossdale Landin South Urban Desi n Concept.
Southeast Stewart Tract Zoning Districts— Chapter 17. 60 Mark- Up ATTACHMENT 8 New text is shown by underline; deleted text is shown by P+ r;', o* tir^„ n, Chapter 17. 60 SOUTHEAST 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 ofresidential 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 l; 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, typical 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 ofthe 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) H 9--1:-- r
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17. 60. 0360 R-ST: residential zoning district.
Application. The residential zoning district shall only be applied t^^ *;^^ ; r' m;', r;'*;' r rapproximately nine acres3 on the Southeast Stewart Tract and is defined as those uses and development standards found in Chapter 1732. Sin le- familv residential uses and clustered housing are permitted with a densitv in compliance with the Citv' 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 1720. 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. 06 10 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 * r;' A* tir^„ nti 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 " large famil dav care home" as defined and regulated bv the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, including children who reside in the home;
Efl. 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 l4. 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 or 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 ofthe 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.
EL. 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, ar 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 ofmulti-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:
l. 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 ar 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 mil r day care home" as defined and re ulated bv the State Health and Safetv 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 § l; 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:
b
0 1
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.
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 ofthe Lathrop Zoning Code.
D-. Garden structures in accordance with the development standards described in this section.
E. 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 accarding to the procedures in Section 17. 16. 020.
Ord. 04- 245 § 3)
Article 4. R/ MU- CL: ResidentiaUMixed- Use Zoning District
17. 62. 041 Purpose and application.
The R/ MU-CL zoning district provides for a mix of or 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.
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 3. Local serving retail including, but not limited to:
1) Apparel/ accessories
2) Art gallery/ supply store
3) Automotive supply
4) Bagel/donut shop
5) Bakery
6) Beauty supply store
7) Beer/wine store, sales- tasting
8) Bicycle shop
9) Bookstore/ 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) Postal/ mail 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, chinalglassware, 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 accarding 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:
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.
B. Temporary subdivision sales offices and signs, model homes, and model home display areas in accordance with Section 17. 16. 010.
C 3. Home occupations in accardance 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.
FFt. 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.
MA. 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*'* " 2` ^ r r .; a .
B. Churches and other religious facilities.
1',
b
1' tt7Y' tt
C 3. Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent ( 50%) 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.
FC. 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.
d. C.:... u„ .,.;,,
MF3. 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
Office Offce- Neighborhood Specialty Residential Public/ SemiCommercial Comm. Nar. Commercial Commercial Mixed- Use Public/ CO- CL) Res./ WWTP ( NGCL) ( SPGCL) ( R/ MU- CL) Neighborhood OCNR/ WWTP- Commercial
CL P/ SP/ NGCL
Ntin. Street Frontage
Setbacks
Lathrop Center District
n/ a n/ a n/ a
0 0
Golden Valley Parkway 10 10 10 n/ a
n/ a n/ a
Other Streets 10 10
n a
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
MinimumBuildin Hei ht n/ a n/ a 15 15 15 IS
Buildin Se aration
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 9 Oftice Office- Neighborhood Specialty Residential Public/ SemiCommercial Comm. Nar. Commercial Commercial htixed- C se Public/ CO- CL) Res./ WWTP ( NGCL) ( SPGCL) ( R/ MU- CL) Neighborhood OC/ VR/WWTP- Commercial
CL) P/ SPfiVGCL)
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 l5 15 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 CoveraQe 70°/ a 70% 60% 60% 90% 70%
Off- Street Parkin
Remainder of CLSP 1 stall er 400 net usable s . ft. for office; other uses er Cha ter 17. 7( i8- 4 of the Lathro Munici al Code Notes to Table 17. 62. 120
1 n/ a= not applicable.
Z
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 far towers, steeples, cupolas, dormers, flagpoles and other architectural elements. 4 Minimum width between structures when pedestrian access way provided.
California Building Code.
6 Reductions ofparking 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 * r;' o*, r„ n, Chapter 17. 64 HOME OCCUPATIONS
17. 64. 010 Procedure.
Home occupations shall be permitted only in accordance with the regulations in Chapter
17. 108 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:
l. 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 far 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 bv the CA Department of Consumer Affairs, Board of Barberin 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 * r;'JA*, r„ n" 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.
L In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick-up camper, fifth wheel or dune buggy, utilitv trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carport; 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 or carport. No more 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 ofthe 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 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%) ofthe total existing or proposed living area ofthe 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 ifthey 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 ar 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 ar 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 lon a e detached ADU is recessed from the main dwelling unit and located behind the front yard fence. n; r+ ' r„, * *' r* ' ; ':':+'. The accessory dwelling unit shall utilize Liia... uwi 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 r*r;', Q* tir^, n, 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 ofthe 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 „„'* „•, -'*',. 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 findings.
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 ofthe 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 * r;' A*, r^„ n, Chapter 17. 100 SITE PLAN REVIEW
17. 100. 110 Revocation.
The revocation of a site plan shall be governed by the provisions of Section 17. 112. 12 0.
Ord. 92- 73)
l
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 15 New text is shown by underline; deleted text is shown by * r;', o*, r^„ n, 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 ofthe 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 ofthe 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 vard for a utilitv company that is associated with a constructionproject 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 ofthe dimensioned elevations of any structure proposed for the location;
3. A description of the proposed means ofproviding 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 § l; Ord. 10- 298 § 1; Ord. 99- 168)