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Home My WebLink AboutAgenda Report - June 1, 2016 C-19 PH/ERAGENDAITEM CITY OF LODI COUNCIL COMMUNICATION TM C-/9 AGENDA TITLE: Set Public Hearing for June 15, 2016, to Consider: 1) Introducing Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 17.34 — Signs in its Entirety; 2) Introducing Ordinance Repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its Entirety; and 3) Introducing Ordinance Repealing and Reenacting Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited — Display of "For Sale" signs on Vehicles, Vessels or Trailers -Restrictions in its Entirety MEETING DATE: June 1, 2016 PREPARED BY: City Attorney RECOMMENDED ACTION: Set Public Hearing for June 15, 2016, to consider 1) Introducing Ordinance repealing and reenacting Lodi Municipal Code Chapter 17.34 — Signs in its entirety; 2) Introducing Ordinance repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its entirety; and; 3) Introducing Ordinance repealing and reenacting Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited — Display of "For Sale" signs on Vehicles, Vessels or Trailers -Restrictions in its entirety. BACKGROUND INFORMATION: In June 2015, the United States Supreme Court in the case of Reed v. Town of Gilbert, Ariz., effectively held that all temporary signs, including temporary election signs, must be regulated uniformly and that content -based regulations violate the First Amendment right to free speech. As a result, municipalities throughout the country are in the process of analyzing and amending applicable sign ordinances to ensure compliance. Staff reviewed and analyzed the LMC and determined that the proposed amendments are necessary to comply with the Court's ruling. Currently, Chapter 17.34 of the Lodi Municipal Code (LMC) regulates signage under the site planning and general development standards of the development code adopted in February 2013. Chapter 9.19 of the LMC regulates political signs. LMC Section 10.44.040 regulates parking on public streets, right-of-ways, and property for the purpose of selling vehicles. Staff recommends that the City regulate all temporary signs under Chapter 17.34 of the development code and repeal the specialized temporary sign regulations, including those set forth in Chapter 9.19 (political sign regulations). Therefore, staff drafted revisions to Chapter 17.34 to incorporate the performance standards contained in the existing political sign ordinance, Chapter 9.19, and ensure that the existing political sign rights, e.g., size and number of signs, are not lost. It is important to note that as a result, the City is faced with a number of compromises in order to balance differences between the way commercial and political signs are currently regulated. The proposed ordinance will allow three additional temporary signs per parcel in residential, APPROVE Stephen Schwabauer, City Manager commercial, and industrial zoning districts and increase the allowable square footage of such signs from six square feet to 32 square feet in commercial and industrial zoning districts. In addition, the initial findings will be bolstered, City -related advertising signage will be permitted to conform to existing practice, and minor typographical errors and items of inconsistency within Section 17.34 have been corrected. As discussed in further detail below, the recommended action would regulate all signage equally as a land use matter under the Zoning Code and eliminate the existing scheme of different standards for different activities in different sections of the LMC. It is important to note that no new restrictions would be imposed. Temporary signage entitlements would be increased and expanded to accommodate all potential activities under a standardized regulation, however all other existing Zoning Code sign regulations would remain unchanged. These proposed changes are driven by the need to ensure that the City's sign regulations are legally enforceable and comply with the United States Supreme Court's recent ruling. On May 11, 2016 and May 25, 2016, the Planning Commission held public hearings to review the regulation of signage under the LMC, and accept public testimony. The Commission adopted a resolution recommending the City Council: 1) repeal and reenact Lodi Municipal Code Chapter 17.34 — Signs in its entirety; 2) repeal Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its entirety; and; 3) repeal and reenact Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited — Display of "For Sale" signs on Vehicles, Vessels or Trailers -Restrictions in its entirety. Staff also requests that the City Council approve the proposed revisions to LMC Chapter 10.44 — Stopping, Standing and Parking, specifically Section 10.44.040 - Parking for Certain Purposes Prohibited — Display of "For Sale" signs on Vehicles, Vessels or Trailers -Restrictions. The existing LMC Section 10.44.040 makes it unlawful to display a "For Sale" sign on a vehicle, vessel or trailer parked upon any public street, right-of-way or public property, whereas the proposed revised ordinance eliminates the reference to signage and makes it unlawful to park a vehicle, vessel or trailer upon any public street, right-of-way or public property, with limited exceptions (see Section 10.44.040 (A)) for the purpose of sale. The "For Sale" sign prohibition is being removed to comply with court findings that such signs are First Amendment protected speech. ENVIRONMENTAL ASSESSMENTS The project was found to be Categorically Exempt according to the California Environmental Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by regulatory agencies" because it is the "adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective." No significant environmental impacts are anticipated and no mitigation measures are required. FISCAL IMPACT: Not applicable. FUNDING: Not applicable. .f P. ukasawa Deputy City Attorney Please immediately confirm receipt of this fax by caing 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO INTRODUCE AN ORDINANCE REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 17.34 - SIGNS - IN ITS ENTIRETY; INTRODUCE AN ORDINANCE REPEALING LODI MUNICIPAL CODE CHAPTER 9.19 - POLITICAL SIGN REGULATIONS - IN ITS ENTIRETY; AND INTRODUCE AN ORDINANCE REPEALING AND RE-ENACTING LODI MUNICIPAL CODE SECTION 10.44.040, "PARKING FOR CERTAIN PURPOSES PROHIBITED - DISPLAY OF `FOR SALE' SIGNS ON VEHICLES, VESSELS OR TRAILERS - RESTRICTIONS," IN ITS ENTIRETY PUBLISH DATE: SATURDAY, JUNE 4, 2016 TEAR SHEETS WANTED: One (111 Rlease SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, JUNE 2, 2016 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File Emailed to the Sentinel at dianer@lodinews.com atrye) on [da#e), (pages) LNS Phoned to confirm receipt of all.pages at'( me}. 0 06W i10) forms\advins.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi N��J OTICE OF PUBLIC HEARING Date: June 15, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 15, 2016, at the hour of 7:00 p.m., or as 0oon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Introduce an ordinance repealing and re-enacting Lodi Municipal Code Chapter 17.34 — Signs — in its entirety; introduce an ordinance repealing Lodi Municipal Code Chapter 9.19 — Political Sign Regulations — in its entirety; and introduce an ordinance repealing and re-enacting Lodi Municipal Code Section 10.44.040, "Parking for Certain Purposes Prohibited — Display of `For Sale' Signs on Vehicles, Vessels or Trailers," in its entirety. Information regarding this item may be obtained in the City Attorney's Office, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2,w Floor, Lodi, 9.5240., at anytime prior to the hearing scheduled herein, and oral statements may be made at.said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: nifer erraiolo qty Clerk Dated: June 1, 2016 Approv s to form: . D. d€ch City arney CLERK\PUBHEAR\NOTICES\NOT SignOrd.doo 5/31/16 nv4�ot�� DECLARATION OF POSTING PUBLIC HEARING TO INTRODUCE AN ORDINANCE REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 17.34 — SIGNS — IN ITS ENTIRETY; INTRODUCE AN ORDINANCE REPEALING LODI MUNICIPAL CODE CHAPTER 9.19 — POLITICAL SIGN REGULATIONS — IN ITS ENTIRETY; AND INTRODUCE AN ORDINANCE REPEALING AND RE-ENACTING LODI MUNICIPAL CODE SECTION 10.44.040, "PARKING FOR CERTAIN PURPOSES PROHIBITED — DISPLAY OF `FOR SALE' SIGNS ON VEHICLES, VESSELS OR TRAILERS," IN ITS ENTIRETY On Thursday, June 2, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to introduce an ordinance repealing and re-enacting Lodi Municipal Code Chapter 17.34 — Signs — in its entirety; introduce an ordinance repealing Lodi Municipal Code Chapter 9.19 — Political Sign Regulations — in its entirety; and introduce an ordinance repealing and re-enacting Lodi Municipal Code Section 10.44.040, "Parking for Certain Purposes Prohibited — Display of 'For Sale' Signs on Vehicles, Vessels or Trailers," in its entirety (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on June 2, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK NAAdministration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LDDI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: June 15, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING EXHIBIT Al NOTICE IS HEREBY GIVEN that on Wednesday, June 15, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Introduce an ordinance repealing and re-enacting Lodi Municipal Code Chapter 17.34 — Signs — in its entirety; introduce an ordinance repealing Lodi Municipal Code Chapter 9.19 — Political Sign Regulations — in its entirety; and introduce an ordinance repealing and re-enacting Lodi Municipal Code Section 10.44.040, "Parking for Certain Purposes Prohibited — Display of `For Sale' Signs on Vehicles, Vessels or Trailers," in its entirety. Information regarding this item may be obtained in the City Attorney's Office, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: nifer erraiolo ity. Clerk Dated: June 1, 2016 Approv s to form: D. Bich 4City arney CLERK\TUBHEAMNOTICEMNOT_SignOrd.doc 5131116