ITEM 5. 2
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) ADOPTING
VARIOUS AMENDMENTS TO THE LATHROP
MUNICIPAL CODE ( LMC) TO MODERNIZE, SIMPLIFY,
AND STREAMLINE VARIOUS SECTIONS OF TITLE 17,
ZONING CODE ( TA- 22- 143)
RECOMMENDATION: Council to Consider the Following:
i. 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 Various Sections of Title 17, Zoning
Code. The amendments include the following:
Chapter 17. 32 ( R One Family Residential
District): Clarify that Accessory Dwelling Units
are permitted by- right and update
requirements for swimming pool location.
Chapter 17. 36 ( RM Multifamily Residential
District): Clarify the review process for
projects that include affordable units and
remove RM- 1. 5 from the Property
Development Standards" Section.
Chapter 17. 56 ( Planned Unit Developments):
Update Chapter to clarify the processing of a
Planned Unit Developments.
Chapter 17. 61 ( River Island Zoning Districts):
Update the processing procedure for
Neighborhood Development Plans and clarify
the review process for projects that include
affordable units.
Chapter 17. 62 ( Central Lathrop Zoning
Districts): Clarify the review process for
projects that include affordable units and
update the Neighborhood Commercial and
Specialty Commercial Zoning District use list.
Chapter 17. 108 ( Administrative Approval of
Certain Uses): Add language to accommodate
live entertainment uses in commercial
establishments.
New Chapter 17. 19 ( Tattoo and Body Art
Establishments): Add a new Chapter to the
Zoning Code to provide regulations for Tattoo
and Body Art Establishments.
CITY MANAGERS REPORT PAGE 2
NOVEMBER 14, 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 Title 17, Zoning. The proposed amendments include integration of current City policies, Housing Element Program Implementation, 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, 2021, and in January 2022. 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 October 19, 2022, 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. 22- 14 for reference ( Attachment # 9).
ANALYSIS:
Staff has determined that the following text amendments establish conformance with the General Plan.
Housinq Element Program Implementation
The 2019 Housing Element was adopted by City Council on December 9, 2019 and included a number of Policies and Programs to encourage development of a range of housing types for all levels of income.
CITY MANAGERS REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCI REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Program 1n of the Housing Element states as follows:
Program 1n: Revise the Zoning Code to require ministerial approval, which may include site plan review, for housing developments that include a minimum 20 percent of units affordable to lower income households.
To implement Program 1n, the proposed amendment would update the following Chapters of the LMC:
Chapter 17. 36: RM Multifamily Residential District;
Chapter 17. 61: River Islands Zoning Districts; and
Chapter 17. 62: Central Lathrop Zoning Districts.
The amendment would add the following language to each Chapter: " Housina develoqments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section".
Chapter 17. 32 R One- Family Residential District
In addition to implementing Program 1n as stated above, the proposed amendment would remove the requirement for administrative review for second housing units, pursuant to State Law and Chapter 17. 80 of the LMC. The proposed amendment would also remove the distance requirement for swimming pools from the front lot line, providing flexibility for uniquely shaped lots.
Chapter 17. 36 RM Multifamily Residential District
In addition to implementing Program in as stated above, the proposed amendment would remove the " RM- 1. 5 District" from the Property Development Standards Section ( Section 17. 36. 050) since there is no property in the City with this Zoning designation.
Chapter 17. 56 Planned Unit Developments
The proposed amendment includes major modifications to the Planned Unit Development Chapter of the Zoning Code. The proposed amendment would streamline its antiquated application review process. The updated process follows the same steps in adopting or amending the Zoning Ordinance and clarifies Planning Commission review and City Council approval.
Chapter 17. 61 River Islands Zoning Districts
In addition to implementing Program in as stated above, the proposed amendment would update the Neighborhood Development Plan application procedure to clarify the approval findings that the Planning Commission must make.
CITY MANAGERS REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
Chapter 17. 62 Central Lathrop Zoning Districts
In addition to implementing Program 1n as stated above, the proposed amendment would modify the Permitted and Conditional Uses for the Neighborhood Commercial and Specialty Commercial Zoning Districts to reclassify " Churches and other religious facilities" to " Assembly uses". The amendment will also remove, " Christmas tree sales" from the Conditional Use list since temporary uses like Christmas tree sales are already required to obtain a Temporary Use Permit per, Section 17. 108. 090 of the LMC.
Chapter 17. 108 Administrative Approval of Certain Uses The proposed amendment would add language to allow live entertainment held indoors, such as live bands, disc jockeys, karaoke, or similar activities when incidental to a primary use of an existing business. An applicant will be required to apply for a Temporary Use Permit ( TUP) Application which allows the City to review the event details including hours of operation, floor plan, etc. The amendment also removes the 30- day limit for TUP' s, which provides more flexibility for events such as a farmers market that occurs on scheduled days and times over a few months.
New Chapter 17. 19 Tattoo and Body Art Establishments
On September 12, 2022, the City Council directed staff to prepare a Code Amendment to permit one ( 1) Tattoo and Body Art Establishment in the City, and to utilize the distance requirements presented to the City Council.
The proposed amendment would create a new Chapter ( Chapter 17. 19) titled " Tattoo and Body Art Establishments" that includes regulations for Tattoo and Body Art Establishments. The new Chapter includes definitions pursuant to the California Health and Safety Code, identifies the maximum number allowed, provisions for distance requirements from sensitive uses, and confirms the zoning districts in which Tattoo and Body Art Establishments are permitted.
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on October 28, 2022 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.
CITY MANAGERS REPORT PAGE 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
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. Additionally, the amendment does not approve or propose 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 ofTitle 17, the Zoning Code.
Chapter 17. 32 ( R One Family Residential District): Clarify that Accessory Dwelling Units are permitted by- right and update requirements for swimming pool location.
Chapter 17. 36 ( RM Multifamily Residential District): Clarify the review process for projects that include affordable units and remove the RM1. 5 District from the Property Development Standards".
Chapter 17. 56 ( Planned Unit Development): Update the chapter to clarify the processing of a Planned Unit Development.
Chapter 17. 61 ( River Islands Zoning Districts): Update the processing procedure for Neighborhood Development Plan and clarify the review process for projects that include affordable units.
Chapter 17. 62 ( Central Lathrop Zoning Districts): Clarify the review process for projects that include affordable units and update the Neighborhood Commercial and Specialty Commercial Zoning Districts permitted use list.
Chapter 17. 108 ( Administrative Approval of Certain Uses): Add language to accommodate live entertainment uses in commercial establishments.
New Chapter 17. 19 ( Tattoo and Body Art Establishments): Add a new Chapter to provide regulations for Tattoo and Body Art Establishments.
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.
CITY MANAGERS REPORT PAGE 6
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
ATTACHMENTS:
1. Ordinance Approving Various Municipal Code Amendments
2. Mark- up of Chapter 17. 32 R One Family Residential District
3. Mark- up of Chapter 17. 36 RM Multifamily Residential District
4. Mark- up of Chapter 17. 56 Planned Unit Developments
5. Mark- up of Chapter 17. 61 River Islands Zoning Districts
6. Mark- up of Chapter 17. 62 Central Lathrop Zoning Districts
7. Mark- up of Chapter 17. 108 Administrative Approval of Certain Uses
8. New Chapter 17. 19 Tattoo and Body Art Establishments.
9. Planning Commission Resolution No. 22- 14
CITY MANAGERS REPORT PAGE 7
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT
APPROVALS:
6 Z Z'L
David Niskanen Date
Contract Planner
I1'' ' Lo2
Rick Caguiat Date
Assistant Community Development Director
0 27 2oZZrk eis er Da e
Community Dev I pment Director
a , 3- 0. 1
Salvador Navarrete Date
City Attorney
1 1 • 2Z
St en J. Salvatore 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 ( TA- 22- 143)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a regular meeting on October 19, 2022, at which they adopted PC Resolution No. 21- 14 recommending City Council adopt Municipal Code Text Amendment No. TA- 22- 143 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 November 3, 2022 to review and consider Municipal Code Amendment No. TA- 22- 143; 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 ORDAINED 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", and " 8", of the staff report dated November 14, 2022, 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", and " 8" 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 14th day of November, 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 Na 22-
R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 2 New text is shown by underline; deleted text is shown by * r;>>o*, r^„ n, Chapter 17. 32 R One- Family Residential District
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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, 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;
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. Other uses which are added to this list according to the procedure in Section
17. 16. 020. ( Ord. 22- 431 § 1; Ord. 97- 151; Ord. 92- 73) l
17.32.050 Property development standards.
A. Fences, walls and hedges shall conform to the provisions of Chapter 17. 92.
B. Site Area. The minimum site area far the R- 1- 6 and R- 1- 6X districts shall be six thousand ( 6, 000) square feet. The minimum site area for the R- 1- 5 district shall be five thousand 5, 000) square feet.
R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 2 L. Swimming pools and hot tubs shall conform to the following development standards:
1. Swimming pools and hot tubs shall not be loeated in a rec uired front yarci o, ., o. f;*., n foo. +,-,,.,, *, o ,.„* „* • . Such pool or tub may not be located J closer than three feet from any rear lot line or side lot line measured from water line.
2. Pool equipment for such pools and tubs shall not be located in a required front yard.
3. Fencing around all swimming pools shall be installed in compliance with the California Building Code. ( Ord. 19- 405 § 1; Ord. 18- 384 § 1; Ord. 16- 355 § 1; Ord. 96- 136; Ord. 92- 96; Ord. 92- 95; Ord. 92- 73)
RM Multifamily Residential District— Chapter 17. 36 Mark-Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by *' r^„ R' Chapter 17. 36 RM Multifamily Residential District
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17. 36. 020 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; 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 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 " large family day care home" as defined and regulated by the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, including children who reside in the home;
F. 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;
G. Incidental and 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; J. Emergency shelters, in accordance with the provisions of Chapter 17. 74.
RM Multifamily Residential District— Chapter 17. 36 Mark- Up ATTACHMENT 3 Ord. 22- 431 § 1; Ord. 21- 418 § 11; Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 92- 96; Ord. 92- 73) a n a.,.-;,,, c,,,,.. io.,, o„* r n
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17. 36. 050 Property development standards.
A. Fences, walls and hedges shall conform to the provisions of Chapter 17. 92.
B. Site Area. The minimum site area in the RM- 3; and RM- 2 u=,' p
districts
shall be six thousand ( 6, 000) square feet. The minimum site area in the RM- MH8 district shall be five acres ( see Section 17. 72.030)
C. Site Area Per Dwelling Unit. The minimum site area shall be as follows:
District Area per Unit
RM- MH8 3, 000 sq. ft.
RM- 3 3, 000 sq. ft.
RM- 2 2, 000 sq. ft.
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D. Density. The allowable density for the RM multifamily residential districts shall be as identified below, per the city' s general plan:
1. RM- MH8: a minimum of one and a maximum of eight units per acre.
2. RM-3: a minimum of eight and a maximum of fifteen ( 15) units per acre.
3. RM- 2: a minimum of sixteen ( 16) and a maximum of twenty- five ( 25) units per acre.
E. Frontage, Width and Depth of Site.
1. Each site, other than for a mobilehome in a mobilehome park, shall not have less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul- desac or loop-out street may have a frontage of not less than forty (40) feet, provided the width of the site, as measured along the front yard setback line, is at least sixty( 60) feet.
2. The minimum width of each site, other than for a mobilehome park, shall be fifty 50) feet.
RM Multifamily Residential District— Chapter 17. 36 Mark- Up ATTACHMENT 3
3. The minimum depth of each site, other than for a mobilehome in a mobilehome park, shall be eighty (80) feet.
F. Coverage. The maximum site area covered by structures shall be as follows:
District Coverage
RM- MH8 Not applicable
RM- 3 50%
RM- 2 60%
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17. 36. 060 Site plan and architectural design review.
Except for mobilehomes, single- family dwellings and accessory structures and uses related thereto, no use may be established on any lot or site in an RM district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17. 100 and 17. 104. The development of mobilehome parks within the RM-MH8 district shall be subject to the standards and regulations prescribed under Chapter 17. 72. ( Ord. 92- 73)
Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section. l
Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by s- 1 Chapter 17. 56 Planned Unit Developments
17.56.010 Purposes.
A. Planned unit developments ( PUDs), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city, which otherwise might not be possible by strict adherence to the regulations of this chapter.
B. In certain instances, the objective of the general plan and zoning code may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this chapter. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design.
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17. 56. 020 Districts.
A planned unit development may be located in any district o*"^^ „ Y • * • or by
applying the planned unit development combining district in accordance with the provisions of Sections 17. 52. 010 and 17. 52. 020. A planned unit development shall be adopted or amended in the same rnanner as p- escribed by Chapter 17. 124. A planned unit development shall incl ide development plan and development schedule. ( Ord. 92- 73)
17. 56. 050 Standards.
The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the planned unit development is located if the applicant has demonstrated by the design proposal that the objectives of the zoning code and the objectives of this chapter will be achieved. b b '
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17. 56. 060 Required locations.
No use shall be permitted and no process, equipment or material shall be employed which is found by the planning commission to be objectionable to persons residing or working in the vicinity, or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water- carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic, or to involve any hazard of fire or explosion. ( Prior code § 188. 06)
17. 56. 070 Development plan
An at plication for a planned unit develo ment zone shall include and be accompanied b a development plan.
A. The develo ment plan shall include:
1. A map showin any street system and lot desiQned within the zone Anv area proposed to be dedicated or reserved for arks lay round school sites pLiblic buildin s and other such uses m ist be shown. Compliance with this requirement Shall not be construed to relieve the applicant from compliance with the subdivision regulations or any other applicable regulations of the city of Lathro
2. A plot plan for each building site or sites in the proposed PUD zone or any portion thereof as required by the community development director The plot plan shall show the approximate loeation of all proposed buildings indicatina diStances between buildinas and property or buildin site lines.
3. Elevations of all proposed structures Such drawin s need not be the i-esult of final architectural decisions but need only be in Sufficient detail Co indicate the heiaht of proposed buildin s and general appearance of the propo5ed structures so that the entire Planned Unit Developments — Chapter 17. 56 Mark- Up ATTACHMENT 4 development will have architectural unity, be in harmony with surrouncling cicvelopments and coinply with any desi n criteri in effect at the time f application.
4. A parking anci circ ilation plan for all nonresidential developr lents. This plau sha( 1 include off-street parking, truck loading access, proposed circulation pattei ns < i vehicles within the PUD zone and to and from djacent public thoroughfares. Al pecial en ineerinQ features and traffic regulation devices needed to facilitate or insu- e the safetv of the circulation shall be shown.
5. Any or all of the followin plans and diagrams or similar info• mation ma be required bv the community development director:
a. A parking sand circulation plan for residential developments; b. A landscapinQ and tree plantin plan;
c. A map showin the existin and proposed topographyof the area at one- foot contour intervals nd trees and structures on the property d. An economic feasibilit report or mat•ket analysis;
e. Noise evaluation of the proposed development;
f. A traffic analvsis of the proposed clevelopment;
B. Any chan es proposecl in the development plan shall be sLibmitted to the cor iinunity developrnent director sand shall be processed as follows:
1. Changes in the development lan which do not involve new uses, s, nificant impact on adjacent propel•ty or significant site redesign may be a- oved by the commLinity development director or referred to the planninQ commissio l for decision without a public hearin
2. Changes in the development lan which involve new uses, revisions with significant impact on adjacent propertv or significant site redesi n shall be considere an7endments to the PUD zone and processed the same as a zone boundary chan e.
17. 56. 080 Development schedule
A. An application for a PUD zone shall be accompanied by a development schedule indicating the approximate date when construction of the project can be expected to be in the antici ate rate of development and the completion date.
B. From time to time the plannin commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule. If the devel pment schedule has expired, the commission may either recommend that the city council Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 Qrant an extension to the schedule or shall initiate proceedinas to re7one the_properry to the z ne classification which it held immediatelZprior to bein zoned PUU.
C Upon request by the pro e- t owner and for good cau e the p( anning commi55ion may recommend that the city council extend the time limits of the development schedule provided that anv req iest for an extension be on file in the office of tYie community development directc r at least thirty da prior to the expir•ation of anv time limit.
17. 56. 0 90 ^ r-;* -
a„ r^ plannin commission review and procedure.
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t, ; ,,,. a,,,,, o . ,;* H * tio r co,,.;,,,, i i nn nQn A. The planninQ commission shall hold a public hearin on the planned unit develo inent establishment or revision application as required by Chapter 17. 124 ( Amendments).
The plannina commission shall consider the full ap lication at this hea-ina including the development plan and c evelopment schedule.
B. The planninQ commission shall forward a written recomnzendation and reasons for the recommendation, on the roposed planned unit develo ment establishment or revision to the city council. The recommendation shall be based on the findings in Section 17. 56. 080 in addition to the Amendments findin s specified in Chapter 17. 124.
Planned Unit Developments — Chapter 17. 56 Mark- Up ATTACHMENT 4 Ord. 92- 73)
17.56.8 8100 Review by city council.
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A. Ut on receipt of the planninQ commission' s recommendation the city council shall conduct a public heat-inQ and either approve approve in modified form or deny the lanned unit development establishment or i-evision. The city council may a prove the application onl if all of the findin s in Subsection B below can be made in addition to the Amendments findings specified in Chapter 17. 124.
B. The city eouncil may ap rove an application for a planned unit development establishment or revision only if all of the findin s can be made:
l. The proposed development is consistent with the oa15 policies and actions of the ¢ eneral plan and an pplicable specific plan and community plan
2. The site for Che roposed development is adequate in ; ize and shape to accommodate proposed land uses.
3. The site fo1• th i•oposed development has adequate acces considerin the limitations of existin and planned streets and highwa,L
4. Adequate public secvices exist or will be provided to serve the pro osed development.
5. The proposed develo ment will not have a sub tantial adverse effect on surroundin ropertv will be compatible with the existing and lanned land u5e character of the surroundin area. and will enhance the desirability of the area and have a beneficial effect
6. The proposed development cari-ies out the intent of the planned unit development zonin district bv providin a more efficient lse of the land and an excellence of site desi n areater than that which could be aehieved throuah the application of est blished zoning standards.
7. Each individual unit of the proposed develo ment in each phase a well Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 as Che total develo ment, can exist as an independent unit ca able of creating a ood enti ironment in the locality and bein in anY sta e as desirable and stable as the total development.
8. Any deviation from the standard ordinance requiremenCs is warranted b the- dcsign ancl additional atnenities incorporatecl in ttle developtnent plan which c ffer certain unusual recieeming features to cor lpensate for any deviations that inay be pecmitted.
9. The principles incorporated in the proposed development plan indicate certain unic ue or unusual features, which could not otherwise be achieved under the other zonin districts.
Ord. 92- 73)
River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by 1 Chapter 17.61 River Islands Zoning Districts
17. 61. 140 Action.
A. Preliminary Development Plan Approval. A preliminary development plan is subject to planning commission and city council approval. l. Process. A preliminary development plan must be approved by the city council before any tentative map or vesting tentative map is approved in the Planning District( s).
2. Findings. The planning commission and city council shall make the following findings:
a. The preliminary development plan meets the purpose and intent of this chapter; b. The preliminary development plan is consistent with the Lathrop General Plan; c. The preliminary development plan is consistent with the West Lathrop Specific Plan;
d. The preliminary development plan is consistent with the urban design concept.
B. Neighborhood Development Plan Approval. A neighborhood development plan is subject to review by the Stewart Tract Design Review Committee and planning commission approval.
l. Process. A neighborhood development plan must be approved by the planning commission before a final map may be approved for the property subject to the neighborhood development plan.
2. Findings. The planning commission shall make the following findings:
a. The neighborhood development plan meets the purpose and intent of this chapter; b. The neighborhood development plan is consistent with the Lathrop General Plan; c. The neighborhood development plan is consistent with the West Lathrop Specific Plan;
d. The neighborhood development plan is consistent with the urban design concept, urban, architectural and landscape guidelines for the applicable Planning District; River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 e. The neighborhood development plan is consistent with the preliminary development plan.
C. Site Plan. A site plan is subject to review by the Stewart Tract Design Review Committee and planning commission approval.
1. Process. A site plan must be approved by the planning commission.
2. Findings. The planning commission shall make the following findings:
a. The site plan meets the purpose and intent of this chapter; b. The site plan is consistent with the Lathrop General Plan; c. The site plan is consistent with the West Lathrop Specific Plan or the West Lathrop Specific Plan 2020 Amendment for Phase 2 of River Islands; d. The site plan is consistent with the urban design concept or the Urban Design Concept 2020 Amendment for Phase 2 of River Islands, and applicable neighborhood development plan, architectural, design guidelines for the applicable Planning District; e. The site plan is consistent with the preliminary development plan. ( Ord. 21- 422 § 1; Ord. 03- 215 § 1)
17. 61. 210 River Islands zoning districts and permitted uses.
TABLE 17. 61. 1 Stewart Tract— River Islands Zoning Districts and Permitted Uses 1 Land Use2' RL- _
RI
RHMU CR TOD RCO OS/ P
RI RI
AGRICULTURAL USES
Agricultural Uses may continue pursuant to
Cha ter 17. 52.
RESIDENTIAL USES
SF detached P P
SF attached( du lex, tri lex) P P
SF attached( townhome, condominium) P P P P
MF attached P P p p
Manufactured Housin P P P P
Accessory dwelling units P P P P P
Hotels/ motels, and other lod in C P P P
Small family day care facility( 8 or fewer
P P P P P
children)
Large family day care facility( 9 to 14
PA PA PA PA PA
children)
Childcare facility C C C C C C
Emergency shelters in accordance with the
provisions of Chapter 17. 74
P
Sin le room occu ancy uses, in accordance C
River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 Land Use2•'
RL
RM-RI
RH
MU CR TOD RCO OS/ P
RI RI
with the rovisions of Cha ter 17. 73
Residential care facility, small P P P P P
Residential care facilit , lar e C C C C C
Storehouses; arden structures; reenhouses PA PA PA PA PA Fenced or enclosed private swimming pools pA PA PA PA PA or tennis courts
Home occu ations PA PA PA PA PA
Model home dis la areas PA PA PA PA PA
1 P= Permitted uses; PA = Permitted but administrative approval required; C = Conditional use permit required; Blank= Prohibited use
2 Other uses may be added to Table 17. 61. 1 by the planning commission according to the procedure in Section 17. 16. 020.
3. Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section.
Ord. 20- 422 § 1; Ord. 20- 411 § 1; Ord. 16- 365 § 1)
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 6 New text is shown by underline; deleted text is shown by l Chapter 17. 62 Central Lathrop Zoning Districts
Article 2. VR-CL: Variable Density Residential District
17. 62. 026 Site plan and architectural review required.
The Central Lathrop Design Review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code. Design review is required for all proposed structures, whether residential or non- residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan Area. ( Ord. 04- 245 § 3)
Housin develo ments that include a minimum 20 ercent of units affordable to lower income households shall be ministerial and exempt from this section.
Article 3. HR-CL: High Density Residential
17. 62. 036 Site plan and architectural review required.
The Central Lathrop Design Review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code. Design review is required for all proposed structures, whether residential or non- residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan area. ( Ord. 04- 245 § 3)
Housin; developments that include a minimum 20 e• cent of units affc rdable to lower income households shall be ministerial and exempt from this section.
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 Article 4. R/ MU-CL: ResidentiaVMixed- Use Zoning District
17.62.046 Site plan and architectural review required.
The Central Lathrop design review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code.
Design review is required for all proposed structures, whether residential or non-residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan area. ( Ord. 04- 245 § 3) Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this secCion.
Article 5. NC-CL: Neighborhood Commercial Zoning District
17.62.053 Permitted uses: administrative approval required.
The following uses maybe permitted in accordance with the provisions of Chapter
17. 108 of the Lathrop Zoning Code:
A. One- family dwellings over or to the rear of a permitted use; provided, such dwellings shall be subject to the use, site area, coverage and yard requirements of the variable density residential district. Density to be a minimum of eight units per acre.
B. Banks, savings and loan and other financial institutions.
C. Assembl_ y ises
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D. Community centers.
E. Drive- through establishments, including banks, drug stores, and restaurants.
F. A state authorized licensed day care center for thirteen ( 13) or more children.
G. Electrical transmission and distribution sub- stations, gas regulator stations, public service pumping stations and elevated pressure tanks,
H. Garden supply and plant nurseries.
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 I. Libraries.
J. Liquor, packaged.
K. Medical, optometry, and dental clinics and offices.
L. Microbrewery.
M. Post office.
N. Uses allowed by Section 17. 62. 092 of this chapter.
O. Recreational facility— Indoor.
P. Senior center.
Q. Youth center. ( Ord. 04- 245 § 3)
17.62.054 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. Bar, cocktail lounge or nightclub.
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BE. Communications equipment.
C. 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. 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.
E. Lodge halls.
FF. Multifamily residential.
G#. Artist' s studios.
H. Live/ work units.
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 I. Apartments, flats, and townhouses.
J. Convalescent and assisted care facilities.
K. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.
L 4. Reclaimed water storage and water quality ponds not previously identified in previous approvals.
M. Social clubs.
N9. Spray fields not previously identified in previous approvals.
Og. Storm drain detention and retention ponds not previously identified in previous approvals.
PQ. Street fair or farmer' s market.
Q. Theater— Indoor ( dinner, movie, live play, etc.).
R. Video arcade.
S. Other uses which are added to this list according to the procedure in Section
17. 16. 020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3) Article 6. SPC- CL: Specialty Commercial Zoning District
17. 62. 064 Conditional uses; planning commission approval required.
The following uses may be permitted in accordance with the provisions of Chapter 17. 112:
A. Bar, cocktail lounge or nightclub.
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BE. Assembl.y uses
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C 3. Communications equipment.
D£. Community center.
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 E. Day care center.
FEf. 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. 00), and nonconforming fences, walls and hedges.
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. Lodge hall.
I-. Reclaimed water storage and water quality ponds not previously identified in previous approvals.
J 4. Senior center.
K. Social club.
L 4. Spray fields not previously identified in previous approvals.
M. Storm drain detention and retention ponds not previously identified in previous approvals.
N9. Street fair or farmer' s market.
O. Theater— Indoor( dinner, movie, live play, etc.).
PQ. Video arcade.
Youth center.
RS. Other uses which are added to this list according to the procedure in Section 17. 16. 020 of the Lathrop Municipal Code. ( Ord. 04- 245 § 3)
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 7 New text is shown by underline; deleted text is shown by l Chapter 17. 108 Administrative Approval of Certain Uses Section 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 2n` ,. ^+'" o a* o f: ^
any use which is deemed by the community u,.... u... .. t 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 displays1, a-- pumpkin patches and live entertainment held indoors such as a live band dise jockey, karaoke, or similar activities, ineidental to the rimary use of an existin business.
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, except as otherwise pertnitted pw-suant to Section 17. 108. 0908).
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.
Tattoo and Body Art Establishments — New Chapter 17. 19 Mark- Up ATTACHMENT 8 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 19 TATTOO AND BODY ART ES1' ABLI5HNTENTS
17. 19. 010 Purpose
The purpose and intent of this chapter is to define the zonina districts where tattoo and body art establishments ar-e permitted, and to define the activities o setvices of tattoo and bod art establishments are subject to this Chapter. The ro isions of this chapter are in addition to any other permits, licenses and approvals which mav be rec uired to operate a tattoo and bodv a- t establishment business in the, citv.
17. 19. 020 Definitions
Body Art" shall mean body piercinQ tattooinQ, brandin4 or application of permanent cosmetics.
Bodv Piercing" shall mean the creation of an opening in the body of a human bein the p irpose of insertin jewelry or other decor-ation. This includes, but is not limited to piercin of an ear, lip, tongue, nose, or evebi•ow. Body piercinQ does not for the urposes of this chapter includin piercin an ear with a disposable, sinale- use stud or solid needle that is applied usin mechanical device to force the needle or stud through the ear.
Brandin" shall mean the process in which a mark or marks a e burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.
Permanent Cosmetics" shall mean the ap lication of pigments in human skin tissue for the pur ose of permanently chan in the color or other appearance of the skin. This includes but is not limited to, permanent eyeliner, eyebrow, or lip color.
Tattoo and TattooinQ" shall mean the insertion of pigment in human skin tissue b piercing with a needle.
17. 19. 030 Maximum Allowed
A. Th number of tattoo and body arC establishment businesses that i permitted to operate in the city at any one Qiven time shall be a maximum of one.
17. 19. 040 Site Location
A. No tattoo and body art establishment shall be located within 1 000 feet of anv other tattoo and bodv art est blishment.
B. No tattoo and body art establishment shall be located within 500 feet from an adult entertainment business.
Tattoo and Body Art Establishments —New Chapter 17. 19 Mark-Up ATTACHMENT 8 C. No tattoo and bodv art establishment shall be located within 500 feet of an business sellina alcoho( ic beverages for on pt-emise consumption.
D. No tattoo and body art establishment shall be located within 100 feet of an business sellin alcoholic beveraQes for off pren lise consumption.
E. No tattoo and body art establishment sha( 1 be located within 100 feet of an existin¢ residential zone.
F. No tattoo and body art establishment shall be located within 500 feet of a school, park, day care center or fainily day care home.
G. The distance measurement shall be from an point f-om the outer boundaries of the building lease space containin the tattoo and body art establishment to the nearest propert line of the use prescribed in this Section.
H. All business activities of the tattoo and bodv art establishment shall take place entirely within the buildin and in compliance with the requirements of the San Joaquin Count Environmental Health Department Body Art Program established under the requirements of Health and Safety Code, Chapter 7, commencinQ with Section ll9300, as amended.
17. 19. 050 Use table
A. The Use Table in this Section lists the zonin districts in which a tattoo and bodv art establishment is Permitted.
L P" desiQnates tattoo and body art establishment as a Permitted Use.
2. Tattoo and body art establishment uses are defined in Section 17. 19. 020.
In cases where a service or activity is not defined, the service or activity is prohibited.
Use Table
CN CC CS CH CS- CH- CV- CO- CS- CO- MU- NG COMV MV MV LG LG SL RI CL CL Tattoo and
Bod.y Art P P P P P P P P P P P P P
Establishineilt`
Also includes the Commercial Manufacturing Overlay of Crossroads
CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP
RECOMMENDING CITY COUNCIL ADOPT VARIOUS AMENDMENTS TO THE
LATHROP MUNICIPAL CODE TO MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, ZONING CODE ( TA- 22- 143) HEREAS, 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 fareseeable 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 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 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 re• iew and consideration, does hereby recommend the City Council adopt Municipal Code Text Amendment No. TA- 22- 143 as shown in Attachments 2 through 8 of the Staff Report, incorporated by reference herein.
Planning Commission Resolution No. 22- 14 Page 1 of 2
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 19` h
day of October, 2022 by the following vote:
AYES: Ishihara, Ralmilay, Gatto, Jackson
NOES: None
ABSTAIN: None
ABSENT: Rhodes
Tos Is ihara, U' ce Chair
ATTEST: APPROVED AS TO F RM:
M rk Me sn r, Sec etary Salvador Navarrete, City Attorney Planning Commission Resolution No. 22- 14 Page 2 of 2