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HomeMy WebLinkAboutOrdinances - No. 1999ORDINANCE NO. 1999 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY," BY REPEALING AND REENACTING SECTION 9.18.045, "PERMIT CAPS," TO REPLACE STATIC CAPS ON MOTORIZED FOOD PREPARATION UNITS AND PRODUCE/SEAFOOD TRUCKS WITH VARIABLE CAPS BASED ON THE POPULATION OF LODI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 9 — Development Code — Article 3 "Site Planning and General Development Standards," Section 9.18.045, "Permit Caps," is hereby repealed and reenacted to read as follows: A. The total number of vendor permits issued pursuant to this section shall not exceed the following limits: 1. Motorized food preparation units: One per every 2,800 Lodi residents 2. Produce/seafood trucks: One per every 20,500 Lodi residents 3. The number of residents used to determine the number of motorized food preparation units and produce/seafood trucks shall be the population figure for Lodi as shown in the "January Population and Housing Estimate" prepared by the State of California Department of Finance. 4. The number of allowed permits shall be a whole number. The number which results from the calculations defined above shall be rounded up or down to the closest whole number. 5. The Community Development Department shall prepare and circulate updated permit limits every year as soon as possible after the January Population and Housing Estimate is published by the State of California. B. In the event a vendor permit issued pursuant to this chapter is either revoked or is allowed by its holder to expire it shall immediately become null and void and shall be forfeited. Any permit forfeited under this chapter shall be available to any other person who first complies with all other applicable provisions of this chapter and this code. C. In the event the holder of any vendor permit under this chapter ceases operations in Lodi, any permits issued pursuant to this section shall be transferable provided that the transferee meets all other provisions of this chapter. In the event of a sale, the seller's vendor permit shall immediately become null and void and the seller shall no longer conduct business pursuant to this chapter. Within five business days of any sale or transfer, the seller shall notify the city of such sale and shall provide any proof of sale as may be required by the city. SECTION 2. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. 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 toward 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 4. Severability. If 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 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 4th day of May, 2022 -pz"j, W""o� &,- MARK CHANDLER Attest: r m Mayor -42,�� '� I I PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin, ss. I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1999 was introduced at a regular meeting of the City Council of the City of Lodi held April 20, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1999 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. O A'pp,roved as to Form: JAN E D. MAGDICH City Attorney 2 PAMELA M. FARRIS Assistant City Clerk