City Council, November 14, 2022
Item 5.2
Municipal Code Text Amendment
No. TA-22-143 is a staff-initiated proposal
to modify various sections of the Lathrop
Municipal Code.
The proposed amendments include
integration of current City policies, Housing
Element Program Implementation, State law
and best practices within the Planning
profession.
The City approved similar efforts and updated
various sections of the Municipal Code in the
following years:
◦ 2013
◦ 2016
◦ 2017
◦ 2019
◦ 2021
◦ 2022
Housing Element Program Implementation
◦ The Housing Element was adopted by City Council
on December 9, 2019 and included a number of
Policies and Implementation Programs to encourage
development of a range of housing types for all
levels of income.
◦ Program 1n stated:
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.
Housing Element Program Implementation
◦ To implement the program, 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.
◦ Added language to each Chapter:
Housing developments 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
◦ The proposed amendment would remove the
requirement for administrative review for Second
Housing Units. Accessory Dwelling Units are
permitted by-right (no special planning approval
required).
◦ The proposed amendment would also remove the
distance requirement for swimming pools from the
front lot line.
Chapter 17.36 RM Multifamily Residential
District
◦ In addition to implementing Program 1n, the
proposed amendment would remove the “RM-1.5
District” from the Property Development Standards
Section since there is no property in the City Limits
with this Zoning designation.
Chapter 17.56 Planned Unit Development
◦ The proposed amendment would remove an
antiquated process and streamlines the Planned
Unit Development application process.
◦ In essence, the new 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 1n, the
proposed amendment would update the
Neighborhood Development Plan procedure to
clarify the findings that the Planning Commission
must make.
Chapter 17.62 Central Lathrop Zoning Districts
◦ In addition to implementing Program 1n, the proposed
amendment would modify the Permitted Use and
Conditional Uses for the Neighborhood Commercial
Zoning District and Specialty Commercial Zoning District to reclassify “Churches and other religious facilities” to “Assembly Uses”.
◦ The proposed amendment would also remove the use
“Christmas tree sales” from the Conditional Use list since temporary uses are already subject to the Administrative Approval of Certain Uses Chapter.
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 incremental to the primary use of an existing
business.
◦ The amendment also removes the 30-day limit for
TUP’s providing more flexibility to various events
sponsored by businesses and non-profit
organizations.
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 1
Tattoo and Body Art Establishment in the City and
to utilize distance requirement presented to
Council.
◦ The proposed amendment would create a new
Chapter titled “Tattoo and Body Art Establishments”
that includes regulations for Tattoo and Body Art
Establishments.
New Chapter 17.19 Tattoo and Body Art
Establishments
◦ The new Chapter includes definitions pursuant to
the California Health and Safety Code, includes 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.
New Chapter 17.19 Tattoo and Body Art
Establishments
◦ Distance requirements:
1,000 feet from another Tattoo and Body Art
Establishment;
500 from adult entertainment business;
500 feet from any business selling alcoholic beverages for on premise consumption.
100 feet from any business selling alcoholic beverages for off premise consumption.
100 feet from any existing residential zone.
500 feet from school, park, day care center, or family dare care home.
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.
The proposed Municipal Code Amendment is
exempt according to CEQA Article 5 Section
15061 by the “Common Sense Exemption”.
The amendment does not change the zoning
designation on any individual property and
does not affect existing land use or density.
Staff and Planning Commission
recommends the City Council conduct the
following:
◦ Conduct a Public Hearing; and
◦ Introduce an Ordinance adopting various
amendments to the Lathrop Municipal Code to
modernize, simplify, and streamline various
sections of Title 17, the Zoning Code.