Discretionary Permits
The Discretionary Permit Application is the City of Lathrop’s
application for development permits that require Planning Commission
and/or City Council approval. Such entitlements include, but are
not limited to conditional use permits, site plan review permits
and variances.
Discretionary Permits Requiring Planning Commission Approval:
Site Plan Review
The purpose of the Site Plan Review process is to enable the Planning
Commission to make a finding that a proposed development is in conformity
with the intent and provisions of the City Code (primarily the zoning
ordinance) and to guide the Building Official in the issuance of
building permits for that development.
Variance
In certain situations where, strictly interpreted, the zoning code
prevents a physical land use entitlement applicable to real property,
a variance may be requested. Under the zoning code, variances are
allowed when special circumstances applicable to size, shape, topography,
or location and surroundings, for a particular property deprives
such property privileges enjoyed by other property owners in the
vicinity.
Time Extension
This application is to extend the life of a particular development
permit. The amount of time that may be extended is a one-time extension
of one year from the expiration date.
Appeal of Staff Code Interpretation
In the event that an applicant or interested party does not agree
with an interpretation of city code or decision made by staff on
a development permit, an appeal may be filed with the Planning Commission
for reconsideration. Any decision made by the Commission may also
be appealed to the City Council. Appeal requests are heard by the
Council at the next available City Council meeting.
Addition of Permitted Use to Code
This application is utilized to add a permitted use to a particular
zoning district under circumstances where a certain use is compatible
with other permitted uses within the same district and is allowed
by general plan policy, but not specifically included in the text
of the zoning code. The Planning Commission can approve the application
by adopting a resolution adding the use to the list of permitted
uses as codified in the adopted city zoning code.
Discretionary Permits Requiring City Council Approval:
Appeal of Planning Commission Decision
Any interested party may file an appeal with the City Council after
a decision has been made by the Planning Commission. An appellant
has ten (10) days to file an appeal with the Planning Division office.
The appeal would then be heard by the Council at their next available
Council meeting.
Discretionary Permits Requiring Planning Commission and City Council
Approval:
Neighborhood Design Review
This approval is applicable only to the proposed subdivisions located
within the Mossdale Village section of the West Lathrop Specific
Plan area (which encompasses both the Stewart Tract and Mossdale
Village). Neighborhood Design Review is utilized to provide a uniform
and consistent design standard program (including public facilities)
for a planned unit of residential development.
Urban Design Concept
Similar to the Neighborhood Design Review utilized for residential
developments, the urban design concept is a discretionary approval
used in the West Lathrop Specific Plan area to master plan commercial,
office and mixed-use developments. All facets of design review are
considered, including streetscapes, landscaping, signage, and building
treatments.
Conditional Use Permit
In certain zoning districts, some uses are permitted subject to
the granting of a conditional use permit because of their unusual
characteristics, conditional uses require special consideration
so that they may be located properly with respect to the objectives
of the zoning ordinance and their effects on surrounding properties.
In order to achieve these purposes, the Planning Commission is empowered
to grant or to deny applications for conditional use permits and
to impose reasonable conditions of approval upon the granting of
same. The City Council then affirms, modifies, or reverses the decision
on the conditional use permit.
General Plan Amendment
A general plan amendment involves a change to the city's adopted
general plan map and/or related policies. Since the general plan
is the primary land use document for the city, all other land use
regulations must be consistent with the general plan (such as the
zoning or subdivision codes). Other amendment applications may be
necessary for your proposal. General plan amendments typically involve
a change in a property's land use designation. Such a proposal would
also need a rezone approval to change the commensurate zoning district
for that parcel.
General Plan Text Amendment
The general plan text amendment application is utilized to propose
text changes to the general plan that are internally consistent
with other sections of the general plan. The changes may be proposed
due to a variety of reasons, including changing environmental circumstances,
new federal, state or local laws, changes in market conditions of
the supply and demand for land, changes in technology, etc.
Planned Unit Development Permit
The planned unit development permit utilizes the conditional use
permit procedure to institute a planned unit development for properties
five acres in size or greater. Planned unit developments involving
the careful application of design, are encouraged to achieve a more
functional, aesthetically pleasing, and harmonious living and working
environment, which may otherwise not be possible by strict adherence
to the regulations of the zoning code.
Rezoning to Planned Unit Development
A request for a rezone to planned unit development (also called
a "PUD") changes a properties zoning district to a planned
district that allows for a flexible use of development standards
and in some cases, a mix of different land uses. As with the planned
unit development permit, creative design principles are utilized
to achieve a more functional, aesthetically pleasing and harmonious
living and working environment, which may, otherwise not be possible
by strict adherence to the regulations of the zoning code. A rezone
to PUD differs from a PUD permit in that the rezoning of property
is more permanent than approving a permit that can be revoked by
the City Council for cause.
Rezoning
A request for rezone involves the reclassification of certain properties
under a particular land use designation. Often, a rezone must be
accompanied by a general plan amendment application when the requested
zoning does not match the appropriate general plan land use designation.
Zoning/Subdivision Ordinance Amendment
The zoning/subdivision ordinance amendment application is utilized
to propose text changes to the zoning or subdivision ordinances
that are internally consistent with other sections of the respective
code and the city’s general plan. The changes may be proposed
due to a variety of reasons, including changing environmental circumstances,
new federal, state or local laws, changes in market conditions for
the supply and demand of land, changes in technology, etc.
Williamson Act Contract Cancellation
The purpose of the Williamson Act Contract Cancellation application
is to terminate a current Williamson Act Contract on property that
has been annexed to the city. The City Council can approve the cancellation
only if certain findings required by state law are met, including
payment of deferred property taxes; please ask staff for more information
about this application.
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