Loading...
HomeMy WebLinkAboutAgenda Report - January 19, 2022 I-01AGENDA ITEM 1-01 , CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Ordinance No. 1990 Entitled, "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 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"' MEETING DATE: January 19, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1990. BACKGROUND INFORMATION: Ordinance No. 1990 entitled, "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 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,"' was introduced at the regular City Council meeting of January 5, 2022. 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 IMPACT: FUNDING AVAILABLE: PMF Attachment Not applicable. Not applicable. APPROVED. Steve Schwabauer Pamela M. Farris Assistant City Clerk Stephen Schwabauer, City Manager \\cvcf11v01 \administration$\Admi n istration\CLERK\Cou ncil\COUNCOM\Ord ina nce 1. DOC 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 and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. No Mandatary 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 personE or property within the City or outside of the City so as to provide a basis of civil liability =cr dan-ages, except as otherwise imposed by law. SECTION 5. Severability. If any provisioi of thi3 ordinance or the application thereof to any person or circumstances is held invalid, sach invalidity shall not affect other provisions or applications of the ordinance which can be gi.ren effect without the invalid provision or application. To this end, the provisions o1 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 -I a full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinarce 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 Governmen• Code section 36933(c)(1). Approved this 19th day of January, 2022 MARK CHANDLER Attest: Mayor PAMELA M. FARRIS Assistant 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 — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 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: JANIC .:Cr MAGDICH City Attorney 3 42'7�� vncla',4� PAMELA M. FARRIS Assistant City Clerk 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 20, 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 20, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummaries\aaDecPos t. doc ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Kaylee Clayton Administrative Clerk 1 EEX�_ iIBI � 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 ordinanc Bs and parts of ordinances in conflict herewith are repealed insofar as such conflict may exis_. 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 t1 -is ordinance or the application thereof to any person or circumstances is held invalid, such nvalidity 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 ful 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 Gouncil, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of January, 2022 MARK CHANDLER Attest: Mayor PAMELA M. FARRIS Assistant 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 — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 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 PAMELA M. FARRIS Assistant City Clerk 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 22, 2022 1q *C-f'Ll W TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O, Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JANUARY 20, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at ' / (time) on (date) \\cvcfi1v0I \adm inistration$Wdmin i strati on\CLERK\OrdS ummaries\Advins. doe 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. Adopted January 19, 2022, and effective February 18, 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. Adopted January 19, 2022, and effective February 18, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi January 19, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.