HomeMy WebLinkAboutAgenda Report - January 5, 2022 G-01 PHAGENDA ITEM Gm
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CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Consider the Recommendation of the Planning Commission to
Introduce and Waive First Reading of an Ordinance Amending Lodi Municipal Code
Title 17 — Development Code, Article 3 "Site Planning and General Development
Standards", Chapter 17.34 "Signs", by Adding Section 17.34.070.G "Freeway
Oriented Electronic Billboard" to Allow and Regulate Freeway -Oriented Electronic
Message Signs and Amend Article 7 — Definitions — Chapter 17.78 — "Definitions",
Section 17.78.020 "Definitions of specialized terms and phrases" by Adding
"Freeway Oriented Electronic Billboard"
MEETING DATE: January 5, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Public hearing to consider the recommendation of the Planning
Commission to introduce and Waive First Reading of an ordinance
Amending Lodi Municipal Code Title 17 — Development Code, Article
3 "Site Planning and General Development Standards", Chapter 17.34 "Signs", by adding section
17.34.070.G "Freeway Oriented Electronic Billboard" to allow and regulate freeway -oriented electronic
message signs and amend Article 7 — Definitions — Chapter 17.78 — "Definitions", Section 17.78.020
"Definitions of specialized terms and phrases" by adding "Freeway Oriented Electronic Billboard".
BACKGROUND INFORMATION: The Lodi Municipal Code sign regulations currently provide only very
limited opportunities for electronic message signs, and do not allow
billboards (signs that display advertising for a business not located
where the sign is). These regulations have the effect of banning the new electronic message boards that
are becoming more common in California and elsewhere.
The City has now been approached by one of the community's auto dealers with a request to install a
freeway -oriented electronic sign at their location on the east side of the 99 Freeway. The proposal included
a large sign where the electronic component was the largest part of the sign, consistent with its proposed
use to show images of vehicles and other content. The sign does not comply with the Lodi Zoning Code
sign regulations.
Allowing this type of sign would help Lodi businesses be more successful by providing a new, modern
opportunity to advertise to motorists on the 99 freeway.
PROPOSED REGULATIONS
In response to the request for a freeway -oriented sign, Planning staff prepared a suggested set of changes
to the Zoning Code that would allow the City to approve such signs. The regulations include:
• Creating a new type of sign that can be permitted, called "Freeway Oriented Electronic Billboard"
• Allowing only two of these signs
• Requiring review of the sign's design by the Site Plan and Architectural Review Committee
• Requiring approval of a Development Agreement with the developer of the sign, addressing the
design and operation of the sign
APPROVED: Steve SChWabauer
Stephen Schwabauer, City Manager
Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting
Page 2 of 4
These changes are included in the draft Ordinance attached to this staff report and discussed in the
attached Planning Commission staff report.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION
On December 15, 2021, the Planning Commission held a public hearing regarding the proposed
regulations. Following the public hearing, the Commission voted 5-1 to recommend that the City Council
approve the proposed regulations.
During their discussion of the proposed regulations, the Commission raised several issues, which are
summarized and responded to below. The proposed Ordinance includes minor changes to address these
issues.
Safety of Freeway Signs
The Commission asked whether electronic message signs create a traffic hazard, and noted that accident
statistics are available from the State of California.
In response, staff discussed this issue with an expert on electronic signs, who noted that research
conducted by both the federal government and the State of California failed to find a clear connection
between electronic message signs and traffic accident rates.
From a 2012 federal study of electronic message signs':
"As the analyses of gazes to the road ahead showed, drivers distributed their gazes away from
the road ahead even when there were no off -premise billboards present. Also, drivers gazed and
fixated on off -premise signs even though they were generally irrelevant to the driving
task. However, the results did not provide evidence indicating that CEVMS were associated with
long glances away from the road that may reflect an increase in risk. When long dwell times
occurred to CEVMS or standard billboards, the road ahead was still in the driver's field of view. "
[emphasis added]
From a 2012 California Highway Patrol study2.
• "While there is a significant amount of research on the effects of outdoor advertising on driver
distraction, there is little research definitively showing that outdoor advertising affects crash
rates, and there are a limited number of studies on digital billboards specifically.
• We found little research justifying common regulations and design recommendations for
digital billboards, including brightness/illumination, font size and visual complexity.
Recommendations are typically based on common state practices.
• We found little research on the safety effects of signage in general, including guide signs.
• We did not find research in progress for any areas of inquiry. " [emphasis added]
The conclusion thus far is that there is no evidence that electronic signs create a specific traffic hazard -
1
Driver Visual Behavior In The Presence Of Commercial Electronic Variable Message Signs (CEVMS)" September
2012, FHWA-HEP-16-036
2 "Effects of Outdoor Advertising Displays on Driver Safety" Caltrans Division of Design, October 11, 2012
Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting
Page 3 of 4
The Council may also note that official State of California accident statistics, collected through the
California Statewide Integrated Traffic Records System (SWITRS), do not include "signs" or any similar
factor among the "Crash Filters" collected, which include:
• Alcohol Involved
• Bicycle Crash
■ Crash Severity
• Day of Week
• Hit and Run
• Injured Victims
■ Intersection
• Killed Victims
• Lighting
■ Location Type
• Motor Vehicle Involved
• Motorcycle Crash
• PCF Violation
• Pedestrian Action
• Pedestrian Crash
• Ramp Intersection
• Road Condition
• Road Type
• State Highway
• Time
• Truck Crash
• Type of Crash
• Weather
Sign Spacing
The Commission asked about standards for the spacing of individual electronic signs.
Staff notes that Caltrans standards require a minimum 1,000 -foot spacing between electronic freeway -
oriented signs (unless the signs are on opposite sides of the freeway, in which case there is no required
spacing). The proposed Ordinance has been updated to require that the two Lodi signs be spaced to meet
CalTrans standards.
Number of Sians
The proposed regulations would limit these signs to no more than two (to avoid over -proliferation and
keeping in mind the relatively limited freeway frontage available in Lodi). The Commission asked whether
this was too limiting and could shut out businesses from this type of signage opportunity if they were not
able to construct one of the two permitted signs. (The Commission did not recommend allowing more than
two freeway electronic signs.)
In response to this concern, staff added language stating that "operational specifications" can be part of
the Development Agreement, allowing the City to specify that the sign owner must allow a certain amount
of advertising on their sign from other businesses (for a fee). This would allow each freeway -oriented sign
to serve several businesses.
Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting
Page 4 of 4
CONCLUSION
The proposed regulations have been recommended by the Planning Commission and include minor
revisions to address Commission comments and questions from their December 2021 public hearing. The
Ordinance is ready for adoption, should the Council accept the recommendation of the Planning
Commission.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
John, Della Monica, Jr.
Cor -nm nity Development Director
Attachments:
1. Planning Commission Staff Report
2. Planning Commission Resolution
3. Draft Ordinance
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: December 15, 2021
APPLICATION NO: N/A
REQUEST: Request for the Planning Commission of the City of Lodi to
recommend that the City Council amend the Lodi Municipal Code
Title 17 — Development Code, Article 3 "Site Planning and General
Development Standards", Chapter 17.34 "Signs", by adding section
17.34.070.G "Freeway Oriented Electronic Billboard" to allow and
regulate freeway -oriented electronic message signs and amend
Article 7 — Definitions — Chapter 17.78 — "Definitions", Section
17.78.020 "Definitions of specialized terms and phrases" by adding
"Freeway Oriented Electronic Billboard". (CEQA Status: Exempt,
Section 15061(b)(3) — General Rule Exemption)
LOCATION: Citywide (adjacent to the 99 Freeway)
APPLICANT: City of Lodi
221 West Pine Street.
Lodi, CA 95240
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending that the Lodi
City Council adopt regulations to allow the construction and operation of freeway -oriented
electronic signs, as discussed later in this report.
BACKGROUND / ANALYSIS:
The City has been approached by one of the community's auto dealers with a request to install a
freeway -oriented electronic sign at their location on the east side of the 99 Freeway. Their
proposal included a large sign where the electronic component was the largest part of the sign,
consistent with its proposed use to show images of vehicles and other content.
While staff was generally supportive of the idea of allowing such a sign, the Lodi Zoning Code
currently limits electronic message signs to "one-third the area of the sign to which it is permitted
to be attached."'
This regulation is consistent with the apparent intent of the Code, which is to allow electronic
messages as part of a traditional, static sign:
1 The current regulations for "Programmable Electronic Signs" are included as Attachment 1 to this report.
These signs are relatively inobtrusive and are most appropriate on surface streets, where vehicle
speeds are low enough that drivers can read the information in the small electronic message area.
The Zoning Code, in its current form, does not allow electronic message signs as they have
evolved in recent years, which use large displays to show content visible from a longer distance
(e.g., from the freeway). A typical sign of this type is shown below.
2 This is not the sign proposed by the Lodi auto dealer.
While Lodi does not currently allow signs of the type shown above, these signs are being
constructed in many California cities. Improvements in sign technology in recent years have
resulted in signs which are clearer, more colorful and readable displays that are at the same time
less bright. Many other cities in the region allow similar signs.
The proposed amendment to the Zoning Code was prepared assuming that the City wishes to
allow signs of this type, but in a limited way (a maximum of two signs). Rather than attempt to
strictly define sign sizes, brightness, etc., the new Zoning Code section for this sign type would
require:
1) Design review by the Site Plan and Architectural Review Committee, and
2) A development agreement with the City to spell out the details of the sign's physical and
operational specifications.
The proposed addition to the Zoning Code would also allow only two freeway -oriented electronic
signs, and would allow these signs to display messages associated with businesses other than
the business where the sign is located (e.g., a "billboard").
The auto dealer seeking a new sign would be able to submit an application for an electronic sign
under this new Zoning Code provision, if it is approved. The City currently has no other pending
requests for signs of this type.
ENVIRONMENTAL ASSESSMENT:
The proposed amendment was reviewed and found to be exempt from review under the California
Environmental Quality Act (CEQA). Staff's recommendation is that it can be seen with certainty
that there is no possibility the proposed amendments to Zoning Code would have a significant
effect on the environment. Therefore, subject to Section 15061(b)(3) of the CEQA Guidelines, the
activity is not subject to CEQA.
Future approvals of proposed signs developed per the Zoning Code would require individual
environmental review, at which time project -specific impacts would be identified and analyzed.
PUBLIC HEARING NOTICE:
Legal Notice pertaining to Development Code revisions was published in the Lodi News Sentinel
on October 30, 2021.
RECOMMENDED MOTIONS:
Should the Planning Commission agree with staff's recommendations, the following motion is
suggested:
"I move that the Planning Commission adopt a Resolution recommending that the Lodi
City Council introduce an ordinance amending the Lodi Municipal Code Title 17 —
Development Code — Article 3 "Site Planning and General Development Standards",
Chapter 17.34 "Signs", by adding Section 17.34.070.G "Freeway Oriented Electronic
Billboard" and amend Article 7 — Definitions — Chapter 17.78 — "Definitions", Section
17.78.020 "Definitions of specialized terms and phrases" by adding "Freeway Oriented
Electronic Billboard".
3
ALTERNATIVE PLANNING COMMISSION ACTIONS:
Recommend a different amendment to the Zoning Code
Recommend that the City Council deny the proposed amendment
Continue the item to a future meeting for additional discussion or analysis
Respectfully Submitted, Concur,
Eric Norris John Della Monica
Contract Planner Community Development Director
ATTACHMENTS:
1. Current Zoning Code regulations for "Programmable Electronic Signs"
2. Proposed new Zoning Code Section 17.34.070.G, "Freeway Oriented Electronic
Billboard"
3. Resolution Recommending Approval of Zoning Code Amendment to Add Section
17.34.070.G
4
RESOLUTION NO. P.C. NO. 21-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING
THAT THE CITY COUNCIL AMEND LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE —
ARTICLE 3 "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS", CHAPTER 17.34
"SIGNS", TO ADD SECTION 17.34.070.G "FREEWAY ORIENTED ELECTRONIC BILLBOARD"
AND BY AMENDING ARTICLE 7 — DEFINITIONS — CHAPTER 17.78 "DEFINITIONS", SECTION
17.78.020 "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES" TO ADD "FREEWAY
ORIENTED ELECTRONIC BILLBOARD"
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed
public hearing, as required by law, on the requested determination, in accordance with the California
Government Code Section 65402.(a); and
WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and
WHEREAS, City staff has identified an opportunity to improve the viability of local businesses
by allowing the installation of electronic signage visible from the freeway; and
WHEREAS, the Lodi Zoning Code does not currently allow this type of sign; and
WHEREAS, other cities in the region allow this type of signage, particularly for automobile
dealers, creating a disadvantage for Lodi in its ability to attract and retain these and other freeway -
oriented uses; and
WHEREAS, the City wishes to permit this type of sign, subject to reasonable and appropriate
limits; and
WHEREAS, a proposed amendment to the Lodi Zoning Code has been prepared which would
allow the installation of up to two freeway -oriented electronic signs in Lodi, subject to design review by
the Site Plan and Architectural Review Committee and regulations to be approved by the City Council;
and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of
the City of Lodi that a Resolution is hereby adopted and the proposed amendments to Lodi Municipal
Code Title 17 — Development Code, Chapter 17.34 "Signs", and Chapter 17.78, "Definitions," which are
made a part of this Resolution by reference, are hereby recommended for approval and adoption by
the Lodi City Council.
Dated: December 15, 2021
I certify that P.C. Resolution No. 21-12 was passed and adopted by the Planning Commission of the
City of Lodi at a special meeting held on December 15, 2021 by the following vote:
AYES: Commissioners: Cummins, Singh, Maciel, Slater, and Chair Martin
NOES: Commissioners: Hennecke
ABSENT: Commissioners: Hicks
ATTEST:
Secretary, lanning Commission
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT
CODE — ARTICLE 3 "SITE PLANNING AND GENERAL DEVELOPMENT
STANDARDS", CHAPTER 17.34 "SIGNS", BY ADDING SECTION 17.34.070.G
"FREEWAY ORIENTED ELECTRONIC BILLBOARD" AND BY AMENDING
ARTICLE 7 — DEFINITIONS — CHAPTER 17.78 "DEFINITIONS', SECTION
17.78.020 "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES' BY
ADDING "FREEWAY ORIENTED ELECTRONIC BILLBOARD"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 — Development Code — Article 3 "Site Planning and
General Development Standards", Chapter 17.34 "Signs" is hereby amended by adding Section
17.34.070.G "Freeway Oriented Electronic Billboard" shall read as follows:
17.34.070 — Standards for Specific Sign Types
G. Freeway Oriented Electronic Billboard. The following apply to Freeway Oriented Electronic
Billboards:
1. No more than two (2) Freeway Oriented Electronic Billboards shall be allowed within
the City. Signs shall be spaced to meet CalTrans standards.
2. Freeway Oriented Electronic Billboards shall be located on private property.
3. Freeway Oriented Electronic Billboards are exempt from the prohibition of
permanent off-site signs, and may display advertising or messages for businesses,
events, etc., which are not on the same parcel as the sign.
4. All design standards and physical and operational specifications shall be identified in
a development agreement with the City will shall be approved by the City Council.
5. The design standards and specifications shall include a specific design for the sign,
including dimensions, materials, colors, and architecture. The specific design shall
be subject to review by the Site Plan and Architectural Review Committee.
SECTION 2. Lodi Municipal Code Title 17 — Development Code — Article 7 — Definitions —
Chapter 17.78 "Definitions", Section 17.78.020 "Definitions of specialized terms and phrases"
shall read:
17.78.020 — Definitions of specialized terms and phrases
"Freeway Oriented Electronic Billboard" is a sign which is predominantly comprised of an
electronic sign board and which is designed, located, and operated primarily to be visible from
motorists on the freeway.
SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
SECTION 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 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 5. 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 6. 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).
Attest:
Approved this day of 2022
MARK CHANDLER
Mayor
JENNIFER CUSMIR
City Clerk
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2
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. was introduced at a regular meeting of the City Council of the City of Lodi held
, 2022, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held , 2022, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES;
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 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:
JANICE D. MAGDICH
City Attorney
3
JENNIFER CUSMIR
City Clerk
Proposed Amendment to the
Zoning Code to
Allow and Regulate
Freeway -Oriented Electronic
Message Signs
January 5, 2022
Freeway Oriented Electronic Billboards
Increasing in popularity and sophistication.
Not currently allowed in Lodi.
Current Regulations for Electronic Signs
Zoning Code allows electronic signs as a component
of a static sign, but limited to a portion of the total
sign area.
Current Regulations for Electronic Signs
Zoning Code regulations currently designed for:
• Relatively small signs designed for viewing from
surface streets
• Changeable text on an otherwise static sign
St MIA 1UTHMAN CHURCH
SIGNS IN LODI M CITY COUNCIL
Proposed Amendment:
Staff has been approached by a Lodi automobile
dealer about constructing afreeway-oriented
electronic sign that would not be permissible under the
current Zoning Code standards.
Staff has prepared a proposed amendment to allow
this type of sign to be reviewed and approved.
G. Freeway Oriented Electronic Billboard. The following apply to
Freeway Oriented Electronic Billboards:
1. No more than two (2) Freeway Oriented Electronic Billboards shall
be allowed within the City.
2. Freeway Oriented Electronic Billboards shall be located on private
property.
3. Freeway Oriented Electronic Billboards are exempt from the
prohibition of permanent off-site signs, and may display advertising
or messages for businesses, events, etc., which are not on the
same parcel as the sign.
4. All design standards and specifications shall be identified in a
development agreement with the City which shall be approved by
the City Council.
5. The design standards and specifications shall include a specific
design for the sign, including dimensions, materials, colors, and
architecture. The specific design shall be subject to review by the
Site Plan and Architectural Review Committee.
1•
Glossary Definition:
"Freeway Oriented Electronic Billboard" is a sign which is
predominantly comprised of an electronic sign board and
which is designed, located, and operated primarily to be
visible from motorists on the freeway.
Summary:
• Allow up to two freeway -oriented electronic
signs
• Signs can display on- and off-site content
• Review of the design by the SPARC
• Development Agreement with the City for each
sign
Planning Commission Discussion:
• Safety Concerns
• Sign Spacing
• Number of Signs
Caltrans Review and Approval:
• CalTrans review and approval would be
required only fora "billboard" (not currently
allowed due to "landscaped freeway"
designation)
• CalTrans standards would apply to size and
operation of the sign (max 20x60 feet, limits on
duration of messages)
• Sign would need to be registered with CalTrans
The Planning Commission recommended approval of
the proposed amendments to the Zoning Code by the
City Council. Suggested motion:
"1 move that the City Council adopt introduce an ordinance
amending the Lodi Municipal Code Title 17 - Development
Code - Article 3 "Site Planning and General Development
Standards" Chapter 17.34 "Signs" by adding Section
17.34.070.G "Freeway Oriented Electronic Billboard" and
amend Article 7 - Definitions - Chapter 17.78 -
"Definitions" Section 17.78.020 "Definitions of specialized
terms and phrases" by adding "Freeway Oriented
Electronic Billboard.
Questions?
41.: DECLARATION OF POSTING
ORDINANCE NO. 1990
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND
GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.34, "SIGNS," BY ADDING
SECTION 17.34.070.G, "FREEWAY ORIENTED ELECTRONIC BILLBOARD," AND
AMENDING ARTICLE 7, "DEFINITIONS," CHAPTER 17.78, "DEFINITIONS,"
SECTION 17.78.020, "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES," BY
ADDING "FREEWAY ORIENTED ELECTRONIC BILLBOARD"
On Thursday, January 6, 2022, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1990 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 6, 2022, at Lodi, California.
7/!
Pamela M. Farris
Assistant City Clerk
ordsu mmaries\aaDecPos t.doc
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO, 1990
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT
CODE — ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT
STANDARDS," CHAPTER 17.34, "SIGNS," BY ADDING SECTION 17.34.070.G,
"FREEWAY ORIENTED ELECTRONIC BILLBOARD," AND BY AMENDING
ARTICLE 7, "DEFINITIONS," CHAPTER 17.78, "DEFINITIONS," SECTION
17.78.020, "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES," BY
ADDING "FREEWAY ORIENTED ELECTRONIC BILLBOARD"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 — Development Code — Article 3, "Site Planning and
General Development Standards," Chapter 17.34, "Signs," is hereby amended by adding
Section 17.34.070.G, "Freeway Oriented Electronic Billboard," to read as follows:
17.34.070 — Standards for Specific Sign Types
G. Freeway Oriented Electronic Billboard. The following apply to Freeway Oriented Electronic
Billboards:
1. No more than two (2) Freeway Oriented Electronic Billboards shall be allowed within
the City.
2. Freeway Oriented Electronic Billboards shall be located on private property.
3. Freeway Oriented Electronic Billboards are exempt from the prohibition of
permanent off-site signs, and may display advertising or messages for businesses,
events, etc., which are not on the same parcel as the sign.
4. All design standards and specifications shall be identified in a development
agreement with the City, which shall be approved by the City Council.
5. The design standards and specifications shall include a specific design for the sign,
including dimensions, materials, colors, and architecture. The specific design shall
be subject to review by the Site Plan and Architectural Review Committee.
SECTION 2. Lodi Municipal Code Title 17 — Development Code — Article 7, "Definitions,"
Chapter 17.78, "Definitions," Section 17.78.020, "Definitions of specialized terms and phrases,"
shall read:
17.78.020 — Definitions of specialized terms and phrases
"Freeway Oriented Electronic Billboard" is a sign which is predominantly comprised of an
electronic sign board and which is designed, located, and operated primarily to be visible from
motorists on the freeway.
SECTION 3. No Conflict. All ordinances aid parts of ordinances in conflict herewith are
repealed insofar as such conflict may exks-.
SECTION 4, No Mandatory Duty of CEw Tiis ordinance is not intended to and shall not be
construed or given effect in a manner w-& imposBs upon the City, or any officer or employee
thereof, a mandatory duty of care towaod parsons or property within the City or outside of the
City so as to provide a basis of civil liability -or damages, except as otherwise imposed by law.
SECTION 5. Severability. If any provis of o- this ordinance or the application thereof to any
person or circumstances is held invalil, such invalidity shall not affect other provisions or
applications of the ordinance which ca -i be gi,, en effect without the invalid! provision or
application. To this end, the provision e-- tris crdinance are severable. The City Council
hereby declares that it would have adoJac this o-dinance irrespective of the invalidity of any
particular portion thereof.
SECTION 6. Effective Date and Publicsfio-i. Thi: Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication =1 :he full trxt of the Ordinance within fifteen (15) days
after its passage, a summary of the Orcinaice may be published at least five (5) days prior to
and fifteen (15) days after adoption by t -e Cit -i Co.incil, and a certified copy shall be posted in
the office of the City Clerk pursuant to G:-►e-nrnent Code section 36933(c)(1).
Approved this 19th day of January, 2022
MARK CHANDLER
Attest: Mayor
JENNIFER CUSMIR
City Clerk
2
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1990 was introduced at a regular meeting of the City Council of the City of Lodi held
January 5, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held January 19, 2022, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1990 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:
JANICE D. MAGDICH
City Attorney
3
JENNIFER CUSMIR
City Clerk
The foregoing document is certified to be a correct
copy of the original on file in the City Clerk's Office,
Pamela M. Fards
Assistant City Clerk, City of Lodi
Dated:
SUBJECT:
Please immediately confirm receipt
of'this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NO. 1990 AND NO. 1991
PUBLISH DATE: SATURDAY, JANUARY 8, 2022
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, JANUARY 6, 2022
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
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CITY OF LODI
ORDINANCE NO. 1990
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL
DEVELOPMENT STANDARDS," CHAPTER 17.34, "SIGNS," BY ADDING SECTION
17.34.070.G, "FREEWAY ORIENTED ELECTRONIC BILLBOARD," AND AMENDING
ARTICLE 7, "DEFINITIONS," CHAPTER 17.78, "DEFINITIONS," SECTION 17.78.020,
"DEFINITIONS OF SPECIALIZED TERMS AND PHRASES," BY ADDING "FREEWAY
ORIENTED ELECTRONIC BILLBOARD" The purpose of this ordinance is to update the Lodi
Zoning Code to allow for the use and regulation of freeway oriented electronic billboards.
Introduced January 5, 2022. Adoption to be considered January 19, 2022. AYES: Hothi, Khan,
Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None.
ORDINANCE NO. 1991
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING SECTION 13.12.150,
"CONNECTIONS OUTSIDE CITY," IN ITS ENTIRETY. The purpose of this ordinance is to
enable the City to provide sewer service to a cemetery outside of City limits. Introduced January
5, 2022. Adoption to be considered January 19, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi,
and Mayor Chandler; NOES: None; ABSENT: None.
Jennifer Cusmir, City Clerk
City of Lodi
January 5, 2022
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
X
Tease immediately cogfir a receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT; NOTICE OF PUBLIC HEARING TO INTRODUCE AN ORDINANCE
AMENDING LODI MUNICIPAL CODE TITLE 17 = DEVELOPMENT CODE
- ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT
STANDARDS," CHAPTER 17.34, "SIGNS," BY ADDING SECTION
17.34.070.G, "FREEWAY ORIENTED BILLBOARD," TO ALLOW AND
REGULATE FREEWAY ORIENTED ELECTRONIC SIGNS AND AMEND
ARTICLE 7, "DEFINITIONS," CHAPTER 17.78, "DEFINITIONS,"
SECTION 17.78.020, "DEFINITIONS OF SPECIALIZED TERMS AND
PHRASES," BY ADDING "FREEWAY ORIENTED ELECTRONIC
BILLBOARD"
PUBLISH DATE: SATURDAY, DECEMBER 4, 2021
TEAR SHEETS WANTED: nu1 plea
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LN3 ACCT. 95100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, DECEMBER 2, 2021
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS KAYLEE CLAYTON
ASSISTANT CITY CLERK ADMINISTRATIVE CLERK
VenlFy Appearance of thin legal I.n. the Newr"Paper - Cupy to Ile
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forms\advins.doc
Evpf,'
DECLARATION OF POSTING
NOTICE OF PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING LODI
MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE = ARTICLE 3, "SITE
PLANNING AND GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.34,
"SIGNS," BY ADDING SECTION 17.34.070.G, "FREEWAY ORIENTED BILLBOARD,"
TO ALLOW AND REGULATE FREEWAY ORIENTED ELECTRONIC SIGNS AND
AMEND ARTICLE 7, "DEFINITIONS," CHAPTER 17.78, "DEFINITIONS," SECTION
17.78.020, "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES," BY ADDING
"FREEWAY ORIENTED ELECTRONIC BILLBOARD„
On Thursday, December 2, 2021, in the City of Lodi, San Joaquin County, California, a
Notice of Public bearing to consider introducing an ordinance amending Lodi Municipal
Code Title 17 m Development Code — Article 3, "Site Planning and General Development
Standards," Chapter 17.34, "Signs," by adding Section 17.34.070.0, "Freeway Oriented
Billboard," to allow and regulate freeway oriented electronic message signs and amend
Article 7, "Definitions," Chapter 17.78, "Definitions," Section 17.78.020, "Definitions of
Specialized Terms and Phrases," by adding "Freeway Oriented Electronic Billboard"
(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 December 2, 2021, at Lodi, California.
PAMELA M. FARRIS
ASSISTANT CITY CLERK
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
4KA1 CLAYTON
ADMINISTRATIVE C'-rERK
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CITY OF LODI
Caruea'ic Forrtim
309 Weet Pine Str ecA, Lodi
NOYICI- OF PlUrDUC HHARING
bzrte: January 5, 2021
Yirrre: 7:00 p.rn.
For information regarding this notice please contact: LX, i I I I -AR
Jennifee Cusrnir
City Clark
Telephone: (209) 333.6702
NIOYIO8 SOP PUBLIC, 11-1111 AARING
NOTICE IS WEEP -18Y ClV15N that on Wednesday, January 5, 2022, 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) Ordinance amending Lodi Municipal Code Title 17 -- Development
Code Article 3, "Site Planning and 0- oneral Development
Standards," Chapter 17. 34, "'Signs," by adding rection
17.34.070.0, "rr'eeway Oriented Billboard," to allow and regulate
freeway oriented electronic rrressage signs- and amend Article 7,
"Definitions," Chapter 17.713, "Definitions," Section 17.713.020,
"Definitions of Speci0aliz:ed 'Term: and Phrases," by adding
"Ir'eeway Oriented Electronic Billboard"
Information regarding this item may be obtained in the Community Development
Department, 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"" 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:
Jennifer Cusmir
Jennifer Cusmir
City Clerk
Dated: December 1, 2021
Approved as to form:
Janice D. Magdich
Janice D. Magdich
City Attorney
AVI$O Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la
Secretaria Municipal, a las (209) 333-6702.
CI_PRKWU811EAR\NOI ICES\NO I CDD_Elect( onicSigns 11/24/21