ITEM 4. 5
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 442 ADOPTING VARIOUS AMENDMENTS TO THE
LATHROP MUNICIPAL CODE TO MODERNIZE,
SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF
TITLE 17, ZONING CODE ( TA- 22- 143)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 22- 442 Adopting Various Amendments to the Lathrop
Municipal Code ( LMC) to Modernize, Simplify, and
Streamline Various Sections of Title 17, Zoning Code
TA- 22- 143)
CEQA Status: Not a Project as Defined in Section 15378 of the State CEQA Guidelines
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 442 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 TA- 22- 143)
SUMMARY:
On November 14, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
J
v
T resa Vargas, City k Date
ORDINANCE NO. 22- 442
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 22- 442
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 22- 442
THIS ORDINANCE was 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 the _ day of 202_, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance 22- 442