MUNICIPAL CODE TEXT AMENDMENT
TA-23-139
CITY COUNCIL REGULAR MEETING | JANUARY 8, 2024 | ITEM: 5.2 1 SUMMARY
2 Municipal Code Text Amendment No. TA-23-139 is a staffinitiated 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.
BACKGROUND
3 The City approved similar efforts and updated various sections of the Municipal Code in the following years:
2013, 2016, 2017, 2019, 2021, 2022
AMENDMENTS
4 Chapter 5.04 Business Licenses Generally:
The proposed amendment modifies Section 5.04.070, Exemptions to clarify that any institution or organization for the benefit of charitable purposes, is exempt from obtaining a business license. The proposed amendment would further clarify that no business license is required for conducting entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association if the event is for non-profit purposes.
AMENDMENTS
5 Chapter 8.24 Property Nuisances and Dust Control:
The proposed amendment would modify Section 8.24.030,
Prohibited nuisances visible from public streets, to add language to clarify that a building or structure containing broken or missing windows or doors, constitute a hazardous condition or a potential attraction to trespassers making it a prohibited nuisance.
AMENDMENTS
6 Chapter 8.26Vacant and Abandoned Property:
The proposed amendment would modify Chapter 8.26, Vacant and Abandoned Property, to add provisions for vacant and abandoned commercial and industrial properties.
This chapter currently only applies to residential properties. By expanding the criteria to add more land uses, the City will be able to enforce maintenance and security of vacant and abandoned commercial and industrial properties as well.
AMENDMENTS
7 Chapter 15.56 Floodplain Management:
The proposed amendment would modify Section 15.56.240, Designation of floodplain administrator to reassign the role of Floodplain Administrator from the Community Development Director to the City Engineer.
AMENDMENTS
8 Chapter 17.48 I Industrial District:
The proposed amendment would modify Section 17.48.020, IL: limited industrial district to add warehouse and distribution.
This amendment is not introducing a new use since warehouse and distribution is allowed in the Limited Industrial zone by applying the City’s hierarchy model (uses in less intense zoning districts are allowed in more intense zoning districts).
In light of the concerns regarding warehouse and distribution facilities, staff is proposing to list the use under the Limited Industrial Zoning District for clarity and transparency.
AMENDMENTS
9 Chapter 17.48 I Industrial District:
YOSEMITE AVE
AMENDMENTS
10 Chapter 17.62 Central Lathrop Zoning Districts:
The proposed amendment would update the Residential Development Standards Table (Table 17.62.110(A)) to remove the footnote that requires 3 covered parking spaces for any dwellings with 5 or more bedrooms.
The requirement to provide a 3-car garage is excessive and is not the industry standard. In addition, the requirement to construct a 3-car garage requires more land and increases construction cost that will be passed on to future homeowners.
AMENDMENTS
11 Chapter 17.76 Off-Street Parking and Loading:
The proposed amendment would amend Section 17.76.020, Off-street parking facilities required to clarify that the Community Development Director (instead of the Building Official) may authorize the joint use of parking facilities because the CDD Director provides oversight during the entitlement process.
Joint use of off-street parking facilities are business that share the offstreet parking and in many instances, are businesses that have different business hours (e.g., one is daytime use and the other is nighttime use.
CEQA
12 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.
PLANNING COMMISSION
13 On November 15, 2023, the Planning Commission held a public hearing on the proposed Municipal Code Amendment.
Following deliberation, the Planning Commission voted 3-1, recommending the City Council adopt an Ordinance regarding the proposed amendments; however, the commission did not have a recommendation regarding the proposed Hookah Lounge Regulations. Lacking the appropriate recommendation from the commission as required by the LMC, staff is unable to forward the Hookah Lounge Regulations for Council consideration.
RECOMMENDATION
14 Conduct a Public Hearing; and
Introduce an Ordinance adopting various amendments to the Lathrop Municipal Code (LMC) to modernize, simplify, and streamline various sections of Title 5, Business Licenses and Regulations, Title 8, Health and Safety, Title 15, Buildings and Construction, and Title 17, Zoning.