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Community Development

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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