ITEM 4. 4
CITY MANAGER' S REPORT
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 450 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING LATHROP MUNICIPAL CODE
TITLE 12 " STREET, SIDEWALKS AND PUBLIC
PLACES", CHAPTER 12. 12 IMPROVEMENTS AND
DEDICATIONS", SECTION 12. 12. 060
IMPROVEMENTS TO EXISTING BUILDINGS" TO
MODIFY LANGUAGE TO REQUIRE FRONTAGE
IMPROVEMENTS UPON ADDITION OF
IMPROVEMENTS TO EXISTING SITES
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 450 Amending Lathrop Municipal Code Title 12 " Street,
Sidewalks And Public Places", Chapter 12. 12
Improvements And Dedications", Section
12. 12. 060 " Improvements To Existing Buildings" To
Modify Language To Require Frontage
Improvements Upon Addition Of Improvements To
Existing Sites
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 23- 450 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 12 STREET, SIDEWALKS AND PUBLIC PLACES", CHAPTER 12. 12 IMPROVEMENTS AND DEDICATIONS", SECTION 12. 12. 060 IMPROVEMENTS TO EXISTING BUILDINGS" TO MODIFY LANGUAGE TO REQUIRE FRONTAGE IMPROVEMENTS UPON
ADDITION OF IMPROVEMENTS TO EXISTING SITES
SUMMARY:
On October 9, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Torres- O' Callaghan, and Dhaliwal
NOES: Akinjo and Lazard
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
Te esa Var s, City Clerk Date
ORDINANCE NO. 23- 450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 12 STREET, SIDEWALKS AND PUBLIC PLACES", CHAPTER 12. 12 IMPROVEMENTS AND DEDICATIONS", SECTION 12. 12. 060
IMPROVEMENTS TO EXISTING BUILDINGS" TO MODIFY LANGUAGE TO
REQUIRE FRONTAGE IMPROVEMENTS UPON ADDITION OF IMPROVEMENTS
TO EXISTING SITES
WHEREAS, in 2009, the City adopted an Economic Development Strategic Plan to guide the City Council in making decisions regarding economic growth for the City; and
WHEREAS, in 2011, the City Council indicated a desire to accelerate economic and business development efforts by creating an Economic Development Program; and
WHEREAS, on February 8, 2020, Council approved stafF requests to update various sections of the Lathrop Municipal Code ( LMC) to streamline procedures, clarifications of code, and imported updated policies. The update included two additional sentences to Section 12. 12. 060 regarding undergrounding overhead utilities; and
WHEREAS, with the significant increase in development from both public and private agencies, staff now proposes an amendment to provide concise and clear requirements for residents, developers and staff; and
WHEREAS, a Notice of Public Hearing was advertised in the Manteca Bulletin on September 28, 2023; and
WHEREAS, staff requests that City Council hold a public hearing, consider all information and public testimony and, if determined to be appropriate, adopt an Ordinance amending Lathrop Municipal Code Title 12 " Streets, Sidewalks and Public Places", Chapter 12. 12 Improvements and Dedications", Section 12. 12. 060 Improvements to Existing Buildings"; and
WHEREAS, the proposed amendment clarifies to the existing LMC language to ensure that all development over a certain size and value would be required to provide public improvements to align with the original intent of the LMC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Note: New text is shown by underline. Deleted text is shown by s i-! Ordinance 23- 450
Section 1.
Title 12 of the Lathrop Municipal Code, Street Sidewalks and Public Places" is hereby amended by amending Chapter 12. 12 " Improvements and Dedications", Section
12. 12. 060 ' Improvements to Existing Buildings", to incorporate the changes as follows:
CHAPTER 12. 12 IMPROVEMENTS AND DEDICATIONS
12. 12. 060 Improvements to existing sites r gs.
Except as may be otherwise provided in this chapter or by any other applicable law, the improvement of any existing building or construction of any new building which does not increase the total floor area of such building on the site to an extent of twenty-five percent ( 25%) or more within any five- year period and anv improvements done bv homeowners to their primary dwelling units shall be excepted from application of the provisions of this chapter. However, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building, or anv improvements ( hereinafter collectively referred to as " Improvements") resulting in an increase of twenty- five percent ( 25% or more in area or value of Improvements
thereof, within the five- year period, shall also provide for the construction of curbs, gutters, sidewalks, storm drain facilities, street lights, underground utilities, and street paving to the sound structural section of the existing street pavement, unless such improvements constructed in accordance with the standards already exist.
Underground utilities shall include the undergrounding of existing and new electrical distribution ( 34. 5 kVA and under), cable, phone and any other overhead line for both sides of the street within the frontage of the project. The project shall be responsible for fifty percent ( 50%) of the cost of the undergrounding of the utilities. For purposes of this section, the value of a building shall be deemed to be the current appraised market value thereof as determined by the county assessor in determining the assessed value for tax purposes.
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.
Ordinance 23- 450
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.
THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 9th day of October, 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAI N:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance 23- 450