ITEM 4. 3
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 452 OF THE CITY COUNCIL OF THE CITY OF
LATHROP APPROVING THE CENTRAL LATHROP
SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND
CODE TEXT AMENDMENT TO MODIFY CHAPTER
17. 62, CENTRAL LATHROP ZONING DISTRICTS TO
ADD ARTICLE 6, IL- CL: LIMITED INDUSTRIAL
ZONING DISTRICTS AND MODIFY SECTION
17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA23- 104) RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 452 Approving The Central Lathrop Specific Plan ( CLSP)
Phase 2 Amendment And Code Text Amendment To
Modify Chapter 17. 62, Central Lathrop Zoning
Districts To Add Article 6, IL- CL: Limited Industrial
Zoning Districts And Modify Section 17. 62. 120 B Of
The Lathrop Municipal Code ( TA- 23- 104)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 23- 452 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CENTRAL LATHROP SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND CODE TEXT AMENDMENT TO MODIFY CHAPTER 17. 62, CENTRAL LATHROP ZONING DISTRICTS TO ADD ARTICLE 6, IL- CL: LIMITED INDUSTRIAL ZONING DISTRICTS AND MODIFY SECTION 17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA- 23- 104) SUMMARY:
On October 9, 2023, the City Council opened and closed a Public Hearing to hear public testimony regarding the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment No. TA- 23- 104. Thereafter, the City Council continued the matter to the Regular Meeting of November 13, 2023. On November 13, 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: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY•
resa Vargas, ity lerk Date
ORDINANCE NO. 23- 452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CENTRAL LATHROP SPECIFIC PLAN ( CLSP) PHASE 2 AMENDMENT AND CODE TEXT AMENDMENT TO MODIFY CHAPTER 17. 62, CENTRAL LATHROP ZONING DISTRICTS TO ADD ARTICLE 6, IL-CL: LIMITED INDUSTRIAL ZONING DISTRICTS AND MODIFY SECTION 17. 62. 120 B OF THE LATHROP MUNICIPAL CODE ( TA- 23- 104)
WHEREAS, Section 65450 et. seq. of the California Government Code provides for the preparation and adoption of Specific Plans by general law cities for implementation of all or part of an adopted General Plan; and WHEREAS, Section 65453 of the California Government Code provides that a Specific Plan may be adopted or amended by either Resolution or Ordinance as provided by the local jurisdiction; and
WHEREAS, the Central Lathrop Specific Plan Phase 2 Amendment is being updated to be consistent with the 2022 General Plan Update; and WHEREAS, the proposed Code Text Amendment amends Chapter 17. 62, Central Lathrop Zoning Districts to be consistent and implement the Central Lathrop Specific Plan Phase 2 Amendment and 2022 General Plan Update; and WHEREAS, the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment ( TA- 23- 104) applies only to Phase 2 ( the Project) and does not in any way apply to the Central Lathrop Specific Plan Phase 1 Project; and WHEREAS, the Amendment to the Central Lathrop Specific Plan as it affects Central Lathrop Specific Plan Phase 2 Amendment is a stand- alone document for the Phase 2 portion of Central Lathrop; and
WHEREAS, prior to the City' s approval of the 2022 General Plan Update, the City prepared an Environmental Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the California Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000, et. seq.), and the Lathrop City Council certified the General Plan Update Final EIR on September 19, 2022 ( State Clearinghouse # 2021100139); and WHEREAS, the analysis in the General Plan Update EIR allows the use of CEQA exemption/ streamlining provisions for projects developed under the General Plan Update, including the proposed Project; and
WHEREAS, prior to approval of the Project, the City Council adopted a Resolution to find the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
Ordinance No. 23- 452
WHEREAS, the proposed Amendment to the Central Lathrop Specific Plan, as it affects the Phase 2 Project, is an amendment to the adopted 2004 Central Lathrop Specific Plan, which was adopted by Resolution No. 04- 1779 on November 9, 2004; and
WHEREAS, the City intends to retain the 2004 Central Lathrop Specific Plan as the governing land use regulations for certain specified portions of the Specific Plan area including properties within the Phase 1 Specific Plan area; and WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on September 13, 2023, to consider the proposed Amendment to the Central Lathrop Specific Plan and Code Text Amendment and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 23- 12 recommending City Council approval of the proposed Project; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about September 29, 2023 and mailed out to property owners located within a 300- foot radius from the Central Lathrop Specific Plan Phase 2 Amendment project area on September 29, 2023, emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website; and
WHEREAS, on October 9, 2023, the City Council opened and closed a Public Hearing to hear public testimony regarding the Central Lathrop Specific Plan Phase 2 Amendment and Code Text Amendment TA- 23- 104. Thereafter, the City Council continued the matter to the Regular Meeting of November 13, 2023; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its own independent review and consideration, hereby approves the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment, as shown in Attachment 3 of the City Council Staff Report with revised Figures 3. 3 and 3. 11 as shown in Attachment 8, relative to the proposed development of the CLSP Phase 2 Amendment project area on certain real property consisting of 724 acres located in the City of Lathrop, incorporated by reference herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance incorporates, and by this references makes part hereof, that certain Amendment to the Central Lathrop Specific Plan as it affects Central Lathrop Specific Plan Phase 2 Amendment Project, as shown in Attachment 3 of the City Council Staff Report, relative to the proposed development of the Central Lathrop Specific Plan Phase 2 Amendment area on certain real property consisting of approximately 724- acres located in the City of Lathrop.
Ordinance No. 23- 452
Section 2. Specific Plan Findinqs. Pursuant to State of California Planning and Zoning Law, the City Council finds and determines as follows:
1. The 2004 Central Lathrop Specific Plan adopted pursuant to Resolution No. 04- 1779 shall be in full force and effect as to that portion of the Specific Plan that covers Phase 1.
2. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments for Phase 2 is consistent with the goals, policies, implementation measures, and general land uses specified in the 2022 General Plan Update because it promotes job- generating land uses within the Phase 2 Amendment area and specifically implements Implementation Measure LU- 5. f of the General Plan, which requires the City to update the Central Lathrop Specific Plan to be consistent with the adopted General Plan Update.
3. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments is consistent with the goals, policies, implementation measures specified in the General Plan Update related to promoting the development of job- generating land uses to support existing and future businesses. The Central Lathrop Specific Plan Phase 2 Amendment ensures that the City' s economic base will be strengthened by promoting development which will create a variety of high quality long- term jobs and shorter term construction jobs and encourages future developers to finance public facilities for long- term infrastructure solutions and public services. Additionally, the 2004 Central Lathrop Specific Plan, as amended by the proposed Phase 2 Amendment is consistent with the General Plan Update goals related to achieving visual and functional quality of new development because it requires the provision of open space within the planning area and the provision of landscape buffers between the Phase 2 area and sensitive receptors.
4. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with the goals, policies, general land uses and implementation measures specified in the General Plan Update because it ensures that proposed land uses will receive an adequate level of public services, facilities and protection by implementing the goals and policies of the Public Facilities and Services and Public Safety Elements of the General Plan.
5. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with the goals, policies, general land uses, and implementation measures specified in the General Plan Circulation Element because it ensures that streets and highways will be constructed in accordance with the TrafFic Monitoring Program to serve the new development.
Ordinance No. 23- 452
6. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, is consistent with the goals, policies, general land uses, and implementation measures specified in the Environmental Justice Element because it ensures that measures are in place to promote land use and development patterns that reduce greenhouse gas emissions, enhance air quality, and reduce climate change impacts.
7. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, is consistent with the goals, policies, general land uses and implementation measures of the General Plan because it will promote orderly development of the plan through flexible phasing which is tied to the provisions of supporting infrastructure capacity in the construction of off- site infrastructure improvements. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Phase 2 Amendment, provides for the construction of roadways to provide improved access to the project and adjacent properties, and the extension of utilities such as water, sanitary sewer, and storm drainage facilities necessary to accommodate the project.
8. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Phase 2 Amendment, is consistent with the goals, policies and implementation measures of the General Plan Public Safety Element because it ensures that all new buildings construction shall conform to the latest California Building Code and seismic standards, gives priority to support police protection, and to fire suppression, and implements practices and regulations which avoid hazardous land use relationships.
Section 3. Code Text Amendment Findings. Pursuant to State of California Planning and Zoning Law, the City Council finds and determines as follows:
1. The proposed Zoning Code Text Amendment is consistent with the City' s General Plan Update, as enumerated in the Consistency Findings in the Staff Report.
2. The proposed Zoning Code Text Amendment furthers the public interest, convenience, and general welfare of the City by implementing the Central Lathrop Specific Phase 2 Amendment. The amendments would ensure consistency with the CLSP Phase 2 Amendment, General Plan, and Lathrop Municipal Code and update the zoning standards that are relevant to the CLSP Phase 2 Amendment.
Section 4. Upon adoption by the City Council, the Central Lathrop Specific Plan Phase 2 Amendment applies only to the Central Lathrop Specific Plan Phase 2 Project and does not change the adopted Central Lathrop Specific Plan as it applies to the balance of the CLSP area ( Phase 1).
Ordinance No. 23- 452
Section 5. Upon adoption by the City Council, the Community Development Director is hereby directed to retain said 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Lathrop.
Section 6. Based on the findings set forth in this Ordinance, the CEQA Resolution, and evidence in the Staff Report, the City Council hereby approves the Central Lathrop Specific Plan Phase 2 Amendment and directs that the Central Lathrop Specific Plan Phase 2 Amendment be added to the 2004 Central Lathrop Specific Plan as a stand- alone document for Phase 2. These documents shall be substantially in the form on file with the City Clerk.
Section 7. This Ordinance is not intended to and shall not be construed or given effect in the 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 for civil liability for damages, except as otherwise imposed by law.
Section 8. 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 9. Effective Date. This Ordinance shall take legal efFect 30 days from and after the date of its passage.
Section 10. 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. 23- 452
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 13t'' day of November 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 2023 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 No. 23- 452