ITEM 4. 2
CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 459 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING THE LATHROP ZONING MAP TO
PREZONE THE PROPERTIES IN THE SINGH
PETROLEUM PROJECT AREA ( REZ- 20- 61)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 459 Amending the Lathrop Zoning Map to Prezone the
Properties in the Singh Petroleum Project Area ( REZ20- 61) RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 24- 459 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE
LATHROP ZONING MAP TO PREZONE THE PROPERTIES IN THE SINGH PETROLEUM PROJECT AREA ( REZ- 20- 61)
SUMMARY:
On July 8, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Lazard, Torres -O' Callaghan, and Akinjo
NOES: None
ABSTAIN: None
ABSENT: Diallo and Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
10t/
eresa Vargas, Ci (7 Ierk Date
ORDINANCE NO. 24- 459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
AMENDING THE LATHROP ZONING MAP TO PREZONE THE PROPERTIES IN THE SINGH PETROLEUM PROJECT AREA ( REZ- 20- 61)
WHEREAS, the Singh Petroleum Project includes General Plan Amendment No. GPA- 20- 60, Pre - Zone No. REZ- 20- 61, Conditional Use Permit No. CUP -20- 62, Site Plan Review No. SPR- 20- 63, and Annexation No. ANX- 20- 64; and WHEREAS, the proposed project includes the development of regional travel serving uses constructed in 2 phases consisting of gas and diesel facilities for passenger and commercial vehicles, a 16, 668 sq. ft. travel center building that includes a convenience market, driver amenities, and 2 Quick Service Restaurants QSR) with 1 drive -through, a 13, 846 sq. ft. 4 -bay full service truck and automobile repair facility, and off- street parking for motorists and commercial truck operators on a combined 19. 63 -acre project site; and
WHEREAS, the properties are located at 169 W. Manila Road and 11296 S.
Manthey Road ( APNs: 191- 250- 06 and 191- 250- 14, respectively); and WHEREAS, the Singh Petroleum Project requires an amendment to the Lathrop Zoning Map in order to be consistent with and to implement the Lathrop General Plan; and
WHEREAS, before approval of the Ordinance, the City Council independently reviewed and considered all written evidence and oral testimony presented to date, including the Environmental Impact Report ( consisting of the DEIR and FEIR) prepared for the Singh Petroleum Project and associated entitlements, City staff reports and all information received at the duly noticed public hearings; all of these documents and evidence of which are incorporated herein by reference; and WHEREAS, before approval of the Ordinance, the City Council reviewed and considered the information contained in the FEIR for the Singh Petroleum Project SCH # 2022120596), and finds that the mitigation measures identified in the FEIR have been imposed on and incorporated in the Singh Petroleum Project which serve to mitigate or avoid the significant environmental effects, that certain mitigation measures are within the responsibility and jurisdiction of another public agency and such change can and should be adopted by such other agency, and that social, economic, and other benefits outweigh the environmental impacts that cannot be fully mitigated; and
WHEREAS, before approval of the Ordinance, the City Council adopted a Resolution Certifying the Final Environmental Impact Report ( Final EIR) ( SCH 2022120596), CEQA Findings of Fact, Statement of Overriding Considerations and Mitigation Measures/ Monitoring Plan for the Singh Petroleum Project in accordance with the California Environmental Quality Act ( CEQA); and Ordinance No. 24- 459
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on May 15, 2024, to consider the PreZone and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 24- 8, recommending the City Council approval of the proposed Ordinance; and
WHEREAS, the City Council finds that the pre -zoning of the project site to Highway Commercial ( CH) Zoning classification is consistent with the Lathrop General Plan Land Use Designation of Freeway Commercial ( FC); 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 June 25, 2024, mailed the public notice to notify property owners located within a 300 -foot radius from the project site boundary, emailed the City' s
Public Hearing subscribers and interested parties and posted at three locations accessible to the public and the City website; and WHEREAS, the City Council has utilized its own independent judgement in adopting this Ordinance.
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 Zoning Map Amendments, as shown in Attachment 11 of the City Council Staff Report and 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 reference makes part hereof, that certain Zoning Map Amendments, as shown in Attachment 11 of the City Council Staff Report, relative to the proposed development of the Singh Petroleum Project.
Section 2. Zoning Amendment Findings. Pursuant to Chapter 17.24 of the City of Lathrop Municipal Code, the City Council finds and determines as follows:
1. The proposed pre -zoning of the project site to the Highway Commercial ( CH) Zoning classification is consistent with the objectives, policies, principles, standards and general land use as specified in the City' s
General Plan, as amended by the Singh Petroleum Project General Plan Amendment. The proposed pre -zoning for the Singh Petroleum Project to provide zoning standards to allow for urban development consistent with the Freeway Commercial ( FC) General Plan Land Use Designation.
Ordinance No. 24- 459
2. The proposed pre -zoning of the project site to the Highway Commercial ( CH) Zoning classification is consistent with the purpose and objectives of the City of Lathrop zoning ordinance because 1) the amendment provides a zoning classification that guides development of highway commercial uses, of which the Singh Petroleum Project is consistent with and consistent with the Lathrop General Plan; 2) it fosters the wholesome, serviceable and attractive living environment; 3) prevents excessive population densities and overcrowding of land with structures; 4) promotes safe, effective traffic circulation and adequate off- street parking and loading facilities; 5) promotes appropriately located commercial activities in order to preserve and strengthen the city' s economic base; 6) enhance real property values and the city' s natural assets; 7) ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with the objectives and policies of the General Plan; and 8) provides and protects open space in accordance with the policies of the General Plan.
Section 3. Upon adoption by the City Council, the Community Development Director is hereby directed to retain said Lathrop Zoning Map, as modified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Lathrop.
Section 4. Based on the set forth in this Ordinance, the CEQA Resolution, and evidence in the Staff Report, the City Council hereby approves the proposed Ordinance implementing the suggested amendment to the Lathrop Zoning Map.
This document shall be substantially in the form on file with the City Clerk.
Section 5. 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 6. Severability. 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 7. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 8. 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. 24- 459
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 8th day of July 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on , 2024 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. 24- 459
PAGE LEFT
INTENTIONALLY
BLANK