HomeMy WebLinkAboutAgenda Report - August 2, 2006 L-01AGENDA ITEM L-01
Jft. CITY OF LORI
%W'COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1781 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Title 5 — Permits And Regulations — Chapter 5.40,
'Adult -Oriented Businesses,' by Repealing and Reenacting Section 5.40.020,
`Location of Adult -Oriented Businesses,' to Add 'Residentially -Zoned Property' to
the List of Land Uses Subject to Distance Regulations Regarding the Location of
Adult -Oriented Businesses; and Repealing and Reenacting Section 5.40.400(D)(1)
to Delete the Requirement that Employees of Adult -Oriented Businesses be
Fingerprinted as Part of the Employee License Process"
MEETING DATE: August 2, 2006
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1781.
BACKGROUND INFORMATION: Ordinance No. 1781 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Title 5 -- Permits
And Regulations — Chapter 5.40, 'Adult -Oriented Businesses,' by
Repealing and Reenacting Section 5.40.020, `Location of Adult -
Oriented Businesses,' to Add `Residentially -Zoned Property' to the List of Land Uses Subject to Distance
Regulations Regarding the Location of Adult -Oriented Businesses; and Repealing and Reenacting
Section 5.40.400(D)(1) to Delete the Requirement that Employees of Adult -Oriented Businesses be
Fingerprinted as Part of the Employee License Process" was introduced at the regular City Council
meeting of July 19, 2006.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934.
Ordinances take effect 30 days after their final passage, Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL OPACT:
FUMING AVAILABLE:
JMP
Attachment
None.
None required.
Q_6a" 4--�ALL,�
nifer M.(Perrin
Interim City Clerk
APPROVED:
Blair K ity Manager
coundUcounow/Ordinance 1.doc
67.
ORDINANCE NO. 1781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING
LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS --
CHAPTER 5.40, "ADULT-ORIENTED BUSINESSES," BY REPEALING AND
REENACTING SECTION 5.40.020, "LOCATION OF ADULT-ORIENTED
BUSINESSES," TO ADD "RESIDENTIALLY -ZONED PROPERTY" TO THE LIST
OF LAND USES SUBJECT TO DISTANCE REGULATIONS REGARDING THE
LOCATION OF ADULT-ORIENTED BUSINESSES; AND REPEALING AND
REENACTING SECTION 5.40.400(D)(1) TO DELETE THE REQUIREMENT
THAT EMPLOYEES OF ADULT-ORIENTED BUSINESSES BE
FINGERPRINTED AS PART OF THE EMPLOYEE LICENSE PROCESS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION1. Lodi Municipal Code Title 5 -- Permits and Regulations — Chapter 5.40,
"Adult -Oriented Businesses," Section 5.40.020, is hereby repealed and reenacted to
read as follows:
5.40.020 - Location of Adult -Oriented Businesses.
From and after adoption of this chapter, no person shall establish,
conduct, or permit to be established or conducted any adult-oriented
business within one thousand feet of any church, school, playground,
child care center, residentially zoned property, or adult-oriented business.
For the purposes of this section, the distance between uses shall be
measured in a straight line without regard to intervening structures from
the closest exterior wall of each business or use.
Adult-oriented businesses in existence on the effective date of this
chapter are deemed nonconforming uses, which may continue subject to
the provisions of Section 17.69.030.
CTI N 2. Lodi Municipal Code Title 5 — Permits And Regulations — Chapter 5.40,
"Adult -Oriented Businesses," Section 5.40.400(D)(1), is hereby repealed and reenacted
to read as follows:
5.40.400(D)(1) — A color photograph of the applicant clearly showing the
applicant's face. Any fees for the photograph shall be paid by the
applicant.
CE TION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTIQN 4. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
;SECTION 5. Severability. It any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION . This ordnance shall be published one time in the "Lodi News -Sentinel," a
dally newspaper of general circulation printed and published in the City of Lodi and shall
take effect thirty days from and after its passage and approval.
Approved this 2nd day of August, 2006
SU HITCHCOCK
Magor
Attest:.
IW M. P,ERRIIaI
m � Cleric
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, Interim City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1781 was introduced at a regular meeting of the City Council of the City
of Lodi held July 19, 2006, and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held August 2, 2006, by the following vote:
AYES: COUNCIL MEMBERS - Beckman, Hansen, Johnson, Mounce,
and Mayor Hitchcock
NOES; COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1781 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWASAUER
City Attorney
Janice . Magdich
City Attorney
JONIF034. PERRIN
Interim' City Clerk
-2-