ORDINANCE NO. _____
AN INTERIM ORDINANCE OF THE CITY OF DELANO CALIFORNIA
ADOPTING A 45-DAY MORATORIUM PROHIBITING THE ISSUANCE
OF ALL NEW FOOD VEHICLE AND SIDEWALK VENDOR PERMITS
WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City of Delano(“City”) has the authority under its police power, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS, the City does not have proper development standards and regulations for food vending vehicles and sidewalk vending uses in the City; and WHEREAS, On June 5, 2023, Councilmember Nunez requested a memorandum be implemented which will hold the issuance of all new Vendor Permits within the City of Delano until Chapter 6.25 Food Vending Vehicles and Chapter 6.26 Sidewalk Vending of the City of Delano Municipal Code has been amended and approved by the City of Delano’s City Council; and
WHEREAS, it is necessary to analyze Delano Municipal Code Sections 6.25 (Food vending vehicles) and 6.26 (Sidewalk vending) to determine the impact to adjacent neighborhoods, businesses, property owners and residents, including noise, traffic, and circulation, in order to implement reasonable development standards, regulations, and land use controls; and WHEREAS, there is a desire to study and possibly create guidelines and/or development standards for food vending vehicles and sidewalk vending to better incorporate such uses within City limits; and
WHEREAS, the adoption of a temporary moratorium is necessary to allow City staff, resident, and interested parties, sufficient time to properly assess food vending vehicles and sidewalk vending in the City, impacts associated with having food vending vehicles and sidewalk vending within City limits, and the development standards, land use controls and ordinance amendments that may be proposed; and
WHEREAS, there is an immediate threat to the public health, safety and welfare of the community as food vending vehicles and sidewalk vending located in the City do not have proper development standards and regulations in place, and absent this urgency ordinance it is likely that the establishment, relocation or expansion of food vending vehicles and sidewalk vending without appropriate controls in place to regular their impacts will result in harmful effects to surrounding neighborhoods, businesses, property owners and residents of the City, including without limitation, damage to the community goals, security, noise pollution, vehicle traffic congestion, impacts on water quality, and other negative environmental or secondary effects; and WHEREAS, the Delano City Council (“City Council”) finds a current and immediate threat to public health, safety and welfare would result if the City approves permits, business licenses and/ or other applicable licenses for new, expansion, or relocation of food vending vehicles and sidewalk vending within City limits; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating the use and operations of food vending vehicles and sidewalk vending within City limits; and
WHEREAS, the City desires to place a 45-day moratorium on the establishment, relocation, or expansion of food vending vehicles and sidewalk vending city-wide, to allow City staff to analyze the use and research the possible impacts to adjacent neighborhoods, businesses, property owners and residents.
WHEREAS, On July 17, 2023, the City Council considered this Ordinance. Its findings are made based on the entire administrative record, including, without limitation, the staff report submitted by City Staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DELANO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The Recitals above are true and correct and incorporated herein by reference.
SECTION 2. In accordance with the authority granted pursuant to Government Code Section 65858, from and after the effective date of Ordinance No._______, no person, partnership, corporation, or other entity may commence doing business in food vending vehicles or sidewalk vending in the City of Delano.
SECTION 3. Notwithstanding any other ordinance or provision of the Delano Municipal Code, no permits, licenses, entitlements, or approvals will be issued or approved for a project which is in conflict with the provisions of this urgency ordinance.
SECTION 4. CEQA. The City Council finds the approval of this urgency ordinance is exempt under Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment, and also exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.
SECTION 5. Expiration. This ordinance shall take effect upon publication, and shall remain in effect for a period of 45 days from the date of adoption, in accordance with California Government Code section 65858, unless earlier rescinded by the adoption of another ordinance.
SECTION 6. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 7. Enforceability. Repeal of any provision of the DMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 10. Recording. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Delano’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
SECTION 11. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 12. Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Delano, and the City Clerk, or duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED this __ day of ___________ 2023.
THE CITY OF DELANO
______________________________
Joe L. Alindajao, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ ______________________________ Rachel Richman Nancy Garcia
City Attorney City Clerk
I, __________, City Clerk of the City of Delano, hereby CERTIFY that Ordinance No. ____ was introduced and placed upon its first reading at a regular meeting of the Delano City Council held on _______, _____________, 2023 and that thereafter said ordinance was duly adopted at a regular meeting of the Delano City Council held on ___________, _______________, 2023 and was approved and passed by the following vote:
AYES:Council Members
NOES:
ABSTAIN:
ABSENT:
______________________________
Nancy Garcia, City Clerk
§ 65858. Interim ordinance; adoption or extension; expiration;..., CA GOVT § 65858 © 2023 Thomson Reuters. No claim to original U.S. Government Works. 1 West's Annotated California Codes
Government Code (Refs & Annos)
Title 7. Planning and Land Use (Refs & Annos)
Division 1. Planning and Zoning (Refs & Annos)
Chapter 4. Zoning Regulations (Refs & Annos)
Article 2. Adoption of Regulations (Refs & Annos)
West's Ann.Cal.Gov.Code § 65858
§ 65858. Interim ordinance; adoption or extension; expiration; subsequent ordinances; definitions Effective: January 1, 2002
Currentness
(a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.
(c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a significant component of multifamily housing may not be extended except upon written findings adopted by the legislative body, supported by substantial evidence on the record, that all of the following conditions exist:
(1) The continued approval of the development of multifamily housing projects would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body. (2) The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1). § 65858. Interim ordinance; adoption or extension; expiration;..., CA GOVT § 65858 © 2023 Thomson Reuters. No claim to original U.S. Government Works. 2 (3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance. (d) Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. (f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance. (g) For purposes of this section, “development of multifamily housing projects” does not include the demolition, conversion, redevelopment, or rehabilitation of multifamily housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or that will result in an increase in the price or reduction of the number of affordable units in a multifamily housing project.
(h) For purposes of this section, “projects with a significant component of multifamily housing” means projects in which multifamily housing consists of at least one-third of the total square footage of the project.
Credits
(Added by Stats.1965, c. 1880, p. 4348, § 6. Amended by Stats.1967, c. 366, p. 1505, § 1; Stats.1971, c. 187, p. 256, § 1; Stats.1982, c. 1108, § 1; Stats.1984, c. 1009, § 24; Stats.1988, c. 1408, § 3; Stats.1992, c. 231 (A.B.1262), § 1; Stats.1997, c. 129 (S.B.927), § 1; Stats.2001, c. 939 (S.B.1098), § 1.) Notes of Decisions (59)
West's Ann. Cal. Gov. Code § 65858, CA GOVT § 65858
Current with Ch. 1 of 2023-24 1st Ex.Sess, and urgency legislation through Ch. 11 of 2023 Reg.Sess. Some statute sections may be more current, see credits for details.
End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works.