ITEM 5. 2
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER MUNICIPAL CODE AMENDMENT TO
REMOVE LOT SIZE RESTRICTIONS ON THE KEEPING
OF FOWL WITHIN CITY LIMITS
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to
Amend the Lathrop Municipal Code ( LMC) Section
6. 16. 010 to Remove Lot Size Restrictions on the
Keeping of Fowl Within City Limits.
SUMMARY:
The proposed Municipal Code amendment was drafted at Council direction to remove existing lot size restrictions on the keeping of fowl as prescribed in Lathrop Municipal Code, Section 6. 16. 010, entitled" Keeping livestock, fowl, rabbits and bees within the city limits". The intent of the amendment is to support residents' access to healthy, sustainable food sources while maintaining clean and sanitary conditions in residential areas.
BACKGROUND:
During the January 13, 2025 Regular Meeting, Council discussed the Lathrop Municipal Code sections regarding keeping fowl within the city limits ( LMC 6. 16. 010 through 6. 16. 040, 6. 16. 070, and 6. 16. 080). Staff presented information on the existing Code, current enforcement procedures, and the potential impact of a change to the Code. During that discussion, Council directed staff to draft an amendment to remove lot size restrictions on the keeping of fowl within city limits.
ANALYSIS:
The current Lathrop Municipal Code, LMC section 6. 16. 010. B.2, imposes lot size restrictions on the possession of chickens and other fowl in areas zoned residential as shown below:
6. 16. 010 Keeping livestock, fowl, rabbits and bees within the city limits.
A. No person shall stable, keep, pasture or maintain any livestock, fowl, rabbit or bees within the limits of the city on any lot unless expressly allowed to do so by the zoning provisions. No person owning any interest in any lot or parcel of real property, within the limits of the city shall permit the same to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning provisions. The provisions of this section CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT TO REMOVE LOT SIZE RESTRICTIONS ON
THE KEEPING OF FOWL WITHIN CITY LIMITS
shall not apply, however, to any circus, carnival or show permitted to operate within the limits of the city.
B. For the purposes of this section, the lot specifications shall be:
1. Livestock and Bees. No person shall stable, keep, pasture, or maintain any livestock or bees within the limits of the city on any lot less than one acre.
2. Fowl and Rabbits. No person shall keep or maintain any fowl or rabbit within the limits of the city on any lot less than one- third of an acre, except as provided for in subsection ( B)( 4) below.
3. Pot -Belly Pigs. No person shall keep or maintain any pot -belly pig within the limits of the city on any lot less than 10, 000 square feet.
4. Peacocks. No person shall keep or maintain any peacock within the limits of the city unless such peacock was present in the city on January 1, 1990.
Regulations identified in Chapter 6. 16 have been designed to preserve neighborhood aesthetics, ensure animal welfare, and prevent the accumulation of waste that could impact public health. In addition to the lot size restrictions, the Code also establishes limits on the number of animals to be kept, specifies setback distances for enclosures, and prohibits unsanitary conditions.
The proposed amendment would modify the existing language as follows:
B. For the purposes of this section, the lot specifications shall be:
1. Livestock and Bees. No person shall stable, keep, pasture, or maintain any livestock or bees within the limits of the city on any lot less than one acre.
2. Fowl and Rabbits. No person shall keep or maintain any fowl or rabbit within the limits of the city on any lot less than one- third of an acre, except as provided for in subsection ( B)( 4) below.
The proposed amendment as shown above omits " fowl" from the lot size requirement allowing homeowners with lots smaller than 1/ 3 acre to have chickens or other fowl as long as the enclosures meet safety and sanitation requirements.
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on February 21, 2025, posted on the City website, e -mailed to public hearing subscribers, and the meeting agenda was posted at various designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed amendments
CITY MANAGER' SREPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT TO REMOVE LOT SIZE RESTRICTIONS ON
THE KEEPING OF FOWL WITHIN CITY LIMITS
RECOMMENDATION:
Staff recommends that Council consider all information provided and submitted, take and consider public testimony, and, if determined to be appropriate, take the following actions:
1. Introduce an Ordinance to Adopt an Amendment to the Lathrop Municipal Code LMC) Section 6. 16. 010 to Remove Lot Size Restrictions on the Keeping of Fowl Within City Limits.
FISCAL IMPACT:
No fiscal impact to the City of Lathrop.
ATTACHMENTS:
1. An Ordinance of the City Council of the City of Lathrop to Adopt an Amendment to the Lathrop Municipal Code ( LMC) Section 6. 16. 010 to Remove Lot Size Restrictions on the Keeping of Fowl Within City Limits
2. Municipal Code Chapter 6. 16 with Mark -Up
CITY MANAGER' S REPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
MUNICIPAL CODE AMENDMENT TO REMOVE LOT SIZE RESTRICTIONS ON
THE KEEPING OF FOWL WITHIN CITY LIMITS
APPROVALS:
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Chief of Police
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recto of Community Development
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Date
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Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
ORDINANCE NO. 25 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
ADOPT AN AMENDMENT TO THE LATHROP MUNICIPAL CODE ( LMC) SECTION 6. 16. 010 TO REMOVE LOT SIZE RESTRICTIONS ON THE KEEPING
OF FOWL WITHIN CITY LIMITS
WHEREAS, during the January 13, 2025 Regular Meeting, Council discussed the Lathrop Municipal Code sections regarding keeping fowl within the city limits ( LMC
6. 16. 010 through 6. 16. 040, 6. 16. 070, and 6. 16. 080). At that time, staff presented information on the existing Code, current enforcement procedures, and the potential impact of a change to the Code; and
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on March 10, 2025 to review and consider this Ordinance; and WHEREAS, this 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, by approving this Ordinance, the City Council finds that the proposed code amendment would simplify the Municipal Code in regard to keeping fowl and would support residents access to healthy, sustainable food sources while maintaining clean and sanitary conditions in residential areas by allowing homeowners with lots smaller than 1/ 3 acre to have chickens or other fowl as long as the enclosures meet safety and sanitation requirements; 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, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 6. 16, titled " Livestock, Fowl, Rabbits, and Bees", of Title 6 Animals", of the Lathrop Municipal Code, Section 6. 16. 010, is hereby amended as follows:
Chapter 6. 16 Livestock, Fowl, Rabbits and Bees
6. 16. 010 Keeping livestock, fowl, rabbits, and bees within the city limits.
Ordinance No. 25- Page 1 of 3
B)( 2) Fowl and Rabbits. No person shall keep or maintain any fowl or rabbit within the limits of the city on any lot less than one- third of an acre, except as provided for in subsection ( B)( 4) below.
Section 2. Duty of Care. 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. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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 to be published in full accordance with Section 36933 of the California Government Code.
Ordinance No. 25- Page 2 of 3
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 10th day of March 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on , 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PAUL AKINJO, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- Page 3 of 3
Livestock, Fowl, Rabbits and Bees ATTACHMENT 2
Chapter 6. 16 Mark -Up
New text is shown by underline; deleted text is shown by strikethrough Chapter 6. 16 Livestock, Fowl, Rabbits and Bees
6. 16. 010 Keeping livestock, fowl, rabbits, and bees within the city limits.
A. No person shall stable, keep, pasture or maintain any livestock, fowl, rabbit or bees within the limits of the city on any lot unless expressly allowed to do so by the zoning provisions. No person owning any interest in any lot or parcel of real property, within the limits of the city shall permit the same to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning provisions. The provisions of this section shall not apply, however, to any circus, carnival or show permitted to operate within the limits of the city.
B. For the purposes of this section, the lot specifications shall be:
1. Livestock and Bees. No person shall stable, keep, pasture, or maintain any livestock or bees within the limits of the city on any lot less than one acre.
2. Fowl and Rabbits. No person shall keep or maintain any fowl or rabbit within the limits of the city on any lot less than one- third of an acre, except as provided for in subsection ( B)( 4) below.
3. Pot -Belly Pigs. No person shall keep or maintain any pot -belly pig within the limits of the city on any lot less than 10, 000 square feet.
4. Peacocks. No person shall keep or maintain any peacock within the limits of the city unless such peacock was present in the city on January 1, 1990.