ITEM 4. 3
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 445 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING TITLE 17 OF THE LATHROP
MUNICIPAL CODE TO LIMIT HOTEL DEVELOPMENT
IN THE CENTRAL LATHROP SPECIFIC PLAN
DEVELOPMENT AREA ( TA- 23- 32)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 445 Amending Title 17 of the Lathrop Municipal Code to
Limit Hotel Development in the Central Lathrop
Specific Plan Development Area ( TA- 23- 32)
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 23- 445 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 17 OF THE LATHROP MUNICIPAL CODE TO LIMIT HOTEL DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC PLAN DEVELOPMENT AREA ( TA- 23- 32) SUMMARY:
On April 10, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: Diallo
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
l/ G''' 7 Ji',
eresa Vargas, City CI rk Date
ORDINANCE NO. 23- 445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 17 OF THE LATHROP MUNICIPAL CODE TO LIMIT HOTEL
DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC PLAN DEVELOPMENT AREA ( TA- 23- 32)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a Special meeting on March 29, 2023, at which they adopted PC Resolution No. 23- 4 recommending City Council adopt Municipal Code Text Amendment No. TA- 23- 32 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 April 10, 2023 to review and consider adding Chapter 17. 78 Hotel Limitations and Modify Section 17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code to Regulate and Limit Hotel Development in the Central Lathrop Specific Plan; and WHEREAS, the proposed code amendment is limited to the Central Lathrop Specific Plan; 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 facilitating a variety of retail, office,
services, etc. within the undeveloped commercial land along Interstate 5 ; 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 Amendment as shown on Attachments " 3" and " 7" of the April 10, 2023 City Council Staff Report, incorporated by reference herein.
Ordinance 23- 445
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 " 3" and 7" of the staff report that accompanied this ordinance, 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 23- 445
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the lOth day of April 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance 23- 445
CO- CL: Commercial Office Zoning District— Chapter 17. 62 Mark- Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by * r;' o+, r^,,,, Chapter 17. 62 CO- CL: Commercial Office Zoning District 1 17. 62. 072 Permitted uses.
1 B. Service retail uses including, but not limited to:
1. Fur repair and storage
2. Automobile repair
3. Automobile upholstery and top shops
4. Banks/ credit unions/ savings and loans/ financial institutions
5. Facial/ massage
6. Cafeterias
7. Catering
8. Cleaning, pressing and dyeing establishments ( using noninflammable and nonexplosive cleaning fluid)
9. Day care centers
10. Emergency medical/ dental clinics, and prescribing pharmacies within ll. Electronics repair
12. Employment agency
13. Equipment rental
14. Rug cleaning and dyeing
15. Hotel/ e/ apartment hotels subject to Chapter 17. 78 Hotel Limitations)
16. Inns providing temparary visitor accommodations and accessory recreational and commercial facilities
f• • 1
Chapter 17. 78 Hotel Limitations ATTACHMENT 7
New text is shown by underline; deleted text is shown by * r;' o+, r^,,,, Chapter 17. 78 Hotel Limitations
17. 78. 010 Purpose
The purpose and intent of this chapter is to define the zonin districts where hotel establishments are limited The rovisions of this cha ter are in addition to anv other permits, licenses and approvals which may be required to operate a hotel establishment business in the C
17. 78. 020 Applicabilitv
This section applies to the followin z onin districts:
CO- CL Commercial Office, Central Lathrop
CS- MV Service Commercial, Mossdale Villa e
CH-MV Hi hwav Commercial, Mossdale Villa e East
CS- MV Service Commercial, Mossdale Villa e East
CS- MV Service Commercial, Mossdale Villa e South
17. 78. 030 Maximum Allowed
The number ofhotels permitted to operate in the citv within the zonin districts listed in Section 17 78 020 at anv one iven time shall be a total of six ( 6).