AGENDA TITLE:
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Set Public Hearing for January 15, 2025 to Consider an Ordinance to Enter a Development Agreement With LG Harrington Properties LLC (“Harrington”) To Install, Maintain and Operate a Freeway Oriented Electronic Pylon Sign On Private Property Located at 1255 S. Beckman Road, Known As Lodi Chrysler Dodge Jeep Ram (CD)
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MEETING DATE:
December 4, 2024
PREPARED BY:
Cynthia Marsh, City Planner
recommendation
RECOMMENDED ACTION:
Set Public Hearing for January 15, 2025 to Consider an Ordinance to enter a development agreement with LG Harrington Properties LLC to install, maintain and operate a freeway oriented electronic pylon sign on private property located at 1255 S. Beckman Road, known as the Lodi Chrysler Dodge Jeep Ram dealership (“CDJR”).
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BACKGROUND INFORMATION:
In 2020, Harrington/CDJR applied to the City for a variance and a use permit to install a freeway oriented electronic pylon sign on their own property located at 1255 S. Beckman Road. The sign did not comply with the Lodi Municipal Code sign regulations of 2020. In 2020, the Lodi Municipal Code sign regulations provided limited opportunities for electronic message signs, prohibiting billboards (signs that display advertising for a business not located where the sign is). Those regulations had the local effect of banning electronic message boards that are becoming more common in California and elsewhere.
To regulate these types of signs, the City paused the applicant’s 2020 request to allow staff time to draft an ordinance with input from the Planning Commission and City Council.
Due to concerns from the Planning Commission (Commission) about the safety of freeway oriented electronic signs, staff consulted an expert on electronic signs and the State of California, which failed to find a clear connection between electronic message signs and traffic accident rates. Staff noted that official State of California accident statistics, collected through the California Statewide Integrated Traffic Records System (SWITRS), did not include “signs” or any similar factor among the “Crash Filters” collected.
The Commission also inquired about standards for the spacing of individual electronic signs. Staff noted 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). At the request of the Commission, the ordinance was revised to require that the two Lodi signs be spaced to meet CalTrans standards.
On December 15, 2021, the Planning Commission held a public hearing regarding the proposed ordinance amendment. Following the public hearing, the Commission voted to recommend that the City Council approve the amendment.
On January 5, 2022, the City Council held a public hearing regarding the proposed ordinance amendment. Following the public hearing, the Council approved the recommendation to approve the amendment to create LMC 17.34.070(G) “Freeway Oriented Electronic Billboard” to allow and regulate freeway-oriented electronic message signs.
The approved regulations include:
• Discretionary review for Freeway Oriented Electronic Billboards
• Maximum of two Freeway Oriented Electronic Billboards
• Review by the Site Plan and Architectural Review Committee (SPARC)
• A Development Agreement between the City of Lodi and the developer of the sign, addressing the design and operation of the sign.
Harrington/CDJR has now renewed their 2020 application to install, maintain and operate a freeway oriented electronic pylon sign on their property located at 1255 S. Beckman Road, known as the Lodi Chrysler Dodge Jeep Ram dealership. Pursuant to LMC 17.34.070(G) “Freeway Oriented Electronic Billboard,” staff has prepared a development agreement (“D.A.”) to be signed by the applicant and the City.
Lodi Municipal Code Section 17.44.030 requires Council to hold a public hearing to consider D.A.s following review by the Planning Commission. The Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the D.A. unless it finds that the provisions of the agreement are consistent with the General Plan, which is the case here. If the council approves the D.A., it must do so by the adoption of an ordinance, as attached here. After the ordinance approving the development agreement takes effect, the City may enter into the agreement.
Although the proposed freeway oriented electronic sign is prohibited by Caltrans to offer off-site advertising, the D.A. includes a clause stating that should off-site advertising be allowed in the future, the City would receive a portion of the advertising revenue from the sign. The D.A. also states that the City will receive specified display time on a no-fee basis for City events and public information messages. The signs could also be used to assist the public during emergencies. After execution of the D.A., SPARC approval, and building permits, the applicant may install, maintain and operate the sign.
STRATEGIC VISION:
2B. Economic Development: Expand and diversify economic opportunities.
FISCAL IMPACT:
None.
FUNDING AVAILABLE:
Not applicable.
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John Della Monica
Community Development Director
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Scott R. Carney
City Manager