HomeMy WebLinkAboutOrdinances - No. 1988ORDINANCE NO. 1988
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE TITLE 17 — DEVELOPMENT CODE —ARTICLE 3, "SITE PLANNING AND
GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.36, "STANDARDS FOR
SPECIFIC LAND USES," BY ADDING SECTION 17.36.150, "SMALL CELL
WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY"
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 17.36, "Standards for Specific Land Uses," is hereby
amended by adding Section 17.36.150, "Small Cell Wireless Telecommunication Facilities in the
Public Right -of -Way."
17.36.150 Small Cell Wireless Telecommunication Facilities in the Public Right -of -Way
A. Purpose and Intent. The purpose of this section is to establish policies and procedures for the
placement of small wireless telecommunication facilities in the public right-of-way within the
City's jurisdiction. The placement of wireless telecommunication facilities outside of the public
right-of-way is regulated elsewhere in this Code.
This section is also intended to manage the approval process for small wireless
telecommunication facilities in the public right-of-way so as to promote the expansion of
wireless service and coverage within the City to serve residents and businesses.
This section is intended to impose reasonable time, place and manner regulations upon the
installation of wireless telecommunication facilities within the public right-of-way pursuant to
Public Utilities Code section 7901.1, to prevent interference with the use of the public right-of-
way for travel or other lawful uses of the public right-of-way, prevent visual and physical
obstructions that create safety hazards, minimize damage to the City's pavement, and protect
the aesthetics and character of the locations where wireless telecommunications facilities are
installed.
B. Definitions
The following words and phrases shall, for the purposes of this section, have the following
meanings:
1. "Antenna" means communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
2. "Collocate" means to install, mount, maintain, modify, operate, or replace wireless
telecommunications facilities on an existing pole. "Collocation" has a corresponding
meaning.
3. "Day" means calendar day.
4. "Director" means the Public Works Director or his or her designee, or the Director of
Electric Utility or his or her designee. The "Public Works Director" shall be the "Director"
for all installations which do not include infrastructure under the control of the Lodi Electric
Utility. The "Director of Electric Utility" shall be the "Director" for all installations on
infrastructure under the control of the Lodi Electric Facility.
5. "Large wireless telecommunications facility" means wireless telecommunications facility
which exceeds either of the maximum sizes for a "small wireless telecommunications
facility."
6. "Master License Agreement" means an agreement between the City and a wireless
telecommunications provider including, among other terms, the details of approved
designs for small wireless telecommunications facilities to be installed by the provider.
7. "Parkway" means that area between the sidewalk and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property line
adjacent thereto. Parkway shall also include any area within a roadway, which is not open
to vehicular travel.
8. "Person" means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
9. "Public sidewalk" means any surface dedicated to the use of pedestrians by license,
easement, operation of law or by grant to the City.
10. "Public right-of-way" or "right-of-way" means any public street, public way, or public place,
and the space on, above or below it, and all extensions thereof, and additions thereto,
under the jurisdiction of the City.
11. "Public street" means all of that area dedicated to public use for public street and sidewalk
purposes and includes, but is not limited to, roadways, parkways, landscape areas, alleys
and sidewalks.
12. "Small wireless telecommunications facility" means those facilities defined by 47 C.F.R.
Section 1.6002(1) as may be amended, and subject to the regulations as set forth in this
Section 17.36.150.
13. "Vertical support structure" means poles and non -decorative streetlight standards owned
by the City of Lodi onto which are mounted streetlights, telecommunications cables, and
electrical distribution and supply lines.
14. "Wireless telecommunications facility" means equipment at a fixed location that enables
wireless communications between user equipment and a communications network,
including: (i) equipment associated with wireless communications; and (ii) radio
transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration. The term includes
small wireless telecommunications facilities. The term does not include: (i) the structure
or improvements on, under, or within which the equipment is collocated; or (ii) coaxial or
fiber-optic cable that is between wireless support structures or utility poles or that is
otherwise not immediately adjacent to or directly associated with a particular antenna.
15. "Wireless telecommunications provider" means a company operating wireless
telecommunication facilities.
C. Permissible Facilities
Small Wireless Telecommunications Facilities. Small wireless telecommunications
facilities that wholly or partially rest upon, in, or over the public right-of-way are allowed
with a permit from the City and subject to compliance with all provisions of this section.
All other wireless telecommunications facilities are disfavored within the public right-of-
way. Wireless telecommunication facilities which do not meet the criteria for "small
wireless telecommunications facility" are allowed in the public right-of-way subject to the
permit requirements in Chapter 12.04 of this Code.
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Notwithstanding the foregoing, the Director may modify the application requirements as
determined appropriate for a proposed right-of-way installation, including but not limited
to requiring submission of Certificate of Public Convenience and Necessity from the
California Public Utilities Commission in lieu of a lease or other agreement.
D. Small Wireless Telecommunications Facility Application
1. Eligibility. A small wireless telecommunications facility may be located in the public right-
of-way subject to the permit requirements in Chapter 12.04 of this Code and the
application requirements of this section.
2. Permissible Locations. A small wireless telecommunications facility may be located on
any existing City -owned pole or other vertical infrastructure in the right of way, as defined
above, including but not limited to, streetlights, provided that the City and owner of the
small wireless telecommunication facility have entered into a master license agreement
for the installation of the facility on the City asset, and the facility is in compliance with all
of the terms and conditions of the license agreement.
3. Application Submittal. An application shall be made to the Director on such form as
required by the City and shall contain all of the following information:
a. If the proposed facility does not substantially conform to a previously -approved design
for small wireless telecommunications facilities, an explanation as to why conforming
to a previously -approved design is not feasible and demonstrating that the proposed
facility will not create a negative aesthetic impact to the area;
b. If the proposed facility will not be collocated on an existing pole or other vertical
support structure, information demonstrating that either:
i. No existing pole or other vertical support structure in the vicinity of the proposed
location is available to the applicant, or
ii. Utilizing an existing pole or other available vertical support structure would result
in greater public safety or aesthetic impacts than the proposed new facility.
iii. Information required by the Submittal requirements of the City's Small Cell Design
and Deployment Standards.
Within thirty (30) days of receiving an application, the City must determine and notify the
applicant whether the application is complete, unless a shorter period of time is required by
state or federal laws or regulations, and if incomplete must specify in writing what information
is missing.
4. Application Approval. The Director shall approve an application for a standard permit
within sixty (60) days of the submittal of an application containing all of the items required
by paragraph C of this section if the Director makes all of the following findings:
a. The proposed facility meets the definition of a small wireless telecommunications
facility;
b. The proposed facility complies with the City's Small Cell Design and Deployment
Standards and the standards contained in Section 17.36.150(E), and is not
reasonably likely to endanger the safety of persons or property, interfere with or
impede the flow of pedestrian or vehicular traffic, or interfere with existing uses and
facilities in the vicinity;
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c. If the proposed facility does not substantially conform to a previously -approved
design, that the design of the proposed facility is aesthetically consistent with its
surroundings and visually unobtrusive; and
d. If the proposed facility will not be collocated on an existing pole or other vertical
support structure, that no existing support structure is reasonably available to the
applicant or that the proposed facility will have lesser impacts than if it were collocated
on an existing support structure.
5. Excavation Permit Required. If the installation of the proposed wireless
telecommunications facility involves excavation of the public right-of-way, an excavation
permit must also be obtained pursuant to this Code.
E. Standards
Lodi Electric Utility Department Standards. The Lodi Electric Utility Department may
develop and administer Small Cell Design and Deployment Standards for small cell
facilities proposed to be installed within Lodi City limits. These standards may address
subjects related to placement of small cell facilities including pole availability, location,
and pole loading, general and specific requirements for placement of small wireless
facilities equipment and aesthetics, radio frequency matters, standard conditions and
maintenance obligations, examples of designs which have been previously approved,
and submittal requirements.
2. Location Standards
a. No person shall install, use or maintain any wireless telecommunications facility which
projects onto, in or over any part of the roadway of any public street or which rests,
wholly or in part, upon, along or over any portion of the roadway of any public street.
b. No person shall install, use or maintain any wireless telecommunications facility which
in whole or in part rests upon, in or over any public sidewalk or parkway, when such
installation, use or maintenance endangers or is reasonably likely to endanger the
safety of persons or property. Nor shall any wireless telecommunications facility
unreasonably interfere with or impede the flow of pedestrian or vehicular traffic
including any legally parked or stopped vehicle, the ingress into or egress from any
residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other
objects permitted at or near said location.
3. Installation Standards
a. The wireless telecommunications facility shall be colored to blend with other
streetscape or surrounding features to the extent feasible.
b. In the event the parkway and/or roadway adjacent to the applicant's wireless
telecommunications facility is disturbed or altered in the process of installation, the
applicant shall restore the parkway to the condition in which it existed prior to
installation.
c. No modifications to an above -ground wireless telecommunications facility, including
those related to size, color, and shape of the housing, may be made by the applicant
without first having obtained approval from the Director.
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d. The applicant shall place all existing or proposed equipment cabinets or other
equipment not mounted to pole below ground whenever feasible. Where equipment is
ground -mounted, the equipment shall be setback at least two feet from the edge of the
sidewalk and shall be screened from public view, to the extent feasible.
e. All equipment and facilities installed shall comply with the Americans with Disabilities
Act for proper clearance distances.
f. The applicant shall obtain the Director's approval of a tree protection plan prepared by
a certified arborist for the installation of any wireless telecommunications facility
located within the canopy of a street tree or within a minimum of a 10 -foot radius of
the base of such a tree. Depending on site-specific criteria (e.g. location of tree, size
and type of tree, etc.), a radius greater than 10 feet may be required by the Director.
g. No wireless telecommunications facility may be illuminated unless specifically required
by the Federal Aviation Administration or other governmental agencies.
h. An antenna array shall not extend over 7 feet beyond the top of the pole, unless
additional height is required to comply with California Public Utilities Commission
General Order 95 or any subsequent orders of the CPUC, or unless authorized by a
preapproved design.
i. Panel antennas shall utilize brackets that allow no more than a 4 -inch extension from
the pole, unless additional extension is required to comply with California Public
Utilities Commission General Order 95 or any subsequent orders of the CPUC, or
unless authorized by a preapproved design. Panel antennas shall not exceed the
height of the pole unless such design is part of a preapproved design.
j. If an applicant proposes to replace an existing pole in order to accommodate their
telecommunications facility, the replacement pole or other material shall match the
appearance of the original surroundings to the extent feasible and shall be approved
by the Director.
k. No new pole may be installed in the public right-of-way that is more than 10% taller
than the average height of existing poles in the right-of-way in the vicinity of the
installation, as determined by the Director.
4. Maintenance Standards
a. The permittee shall provide on-going maintenance of its ground mounted, at -grade or
above -grade wireless telecommunications facilities, including ensuring the facilities
are reasonably free of:
i. General dirt and grease;
ii. Chipped, faded, peeling, and cracked paint, or on all visible painted areas;
iii. Visible rust or corrosion;
iv. Cracks, dents, blemishes, and discoloration;
V. Graffiti, bills, stickers, advertisements, etc.;
vi. Broken and misshapen structural parts;
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vii. Exposed wires; and,
viii. Any damage from any cause including, but not limited to, vandalism.
b. Wireless telecommunications facilities shall be maintained such that they comply at all
times with the noise regulations set forth in this Code.
c. All ground -mounted, at -grade, and above -ground wireless telecommunications
facilities shall be properly maintained in accordance with the following procedures:
All necessary repairs, including graffiti removal, shall be completed by the
applicant within 48 hours after discovery of the need for such repairs or in
receiving notification from the Director.
The applicant shall provide routine maintenance within ten (10) working days
after receiving notification from the Director.
iii. The applicant shall replace ground -mounted, at -grade, and above ground
wireless telecommunications facilities, in kind, if routine or emergency
maintenance is not sufficient to return the equipment to the condition at the time
of installation.
5. Hold Harmless Agreement. Every permittee, and person on a shared permit, must agree
to defend, indemnify, and hold harmless the City of Lodi, its City Council, officers, and
employees to the maximum extent permitted by law, from any loss or liability or damage,
including expenses and costs, for bodily or personal injury, and for property damage
sustained by any person as a result of the installation, use, or maintenance of the
applicant's facilities.
6. Insurance Required. Every permittee agrees to maintain public liability insurance, naming
the City as an additional insured, in an amount that meets or exceeds the minimum levels
and standards of liability insurance and claims reserve, established by the City's Risk
Manager. This requirement may be satisfied through self-insurance or an insurance policy
from an insurer admitted in California.
F. Removal and Relocation
Emergency Removal. The City retains the right and privilege to cut or move any wireless
telecommunications facility located within the public right-of-way of the City, as the City
may determine to be necessary, appropriate or useful in response to any public health or
safety emergency. If circumstances permit, the City shall notify the permittee and provide
the permittee an opportunity to move its own facilities prior to cutting or removing facility,
and shall notify the permittee after cutting or removing a small wireless
telecommunications facility.
2. Removal of Facility for Public Improvement. Within ninety (90) days following written notice
from the City, a permittee shall, at its own expense, protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter the position of any wireless
telecommunications facility within the public right-of-way whenever the City has
determined that such removal, relocation, change or alteration, is reasonably necessary
for the construction, repair, maintenance, or installation of any City improvement in or
upon, or the operations of the City in or upon, the public right-of-way.
3. Abandonment of Facilities. The permittee shall notify the City within ninety (90) days of
the abandonment of a wireless telecommunications facility within the public right-of-way.
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Following receipt of such notice the City may direct the permittee to remove all or any
portion of the facility if the City, or any of its departments, determines that such removal
will be in the best interest of the public health, safety and welfare.
4. Damage and Repair. The City may require a permittee to repair all damage to the public
right-of-way caused by the activities of the permittee and return the public right-of-way to
its functional equivalence before the damage. If the permittee fails to make the repairs
within 90 days after written notice, the City may affect those repairs and charge the
permittee the reasonable, documented cost of such repairs.
G. Modifications
Any proposed modification to an existing wireless telecommunication facility in the public
right-of-way shall be reviewed and approved subject to the standard permit procedure of
this section, unless the applicant claims that the requested modification is subject to the
requirements of Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. 1455(a)) and
the regulations implementing Section 6409(a) (47 CFR 1.40001), which require the City
to approve "any eligible facilities request for modification of an eligible support structure
that does not substantially change the physical dimension of such structure.'
2. Any person seeking City approval of a modification claimed to be subject to the
requirements of Section 6409(a) shall submit to the City an application for modification
that is accompanied by information demonstrating that the proposed modification meets
the eligibility requirements under Section 6409(a). No additional information or
documentation shall be required of applicants claiming coverage under Section 6409(a).
The Director shall approve any requested modification that the Director determines meets
the eligibility requirements of Section 6409(a) within the same timeframes provided for in
the standard permit procedure in this section.
H. Master License Agreement
1. Master License Agreement, in a form approved by the City, is required to install, maintain,
and operate wireless communication facilities on existing vertical infrastructure in the
public right-of-way. Each wireless telecommunications provider shall enter into a separate
Master License Agreement.
2. A Master License Agreement shall include any information and terms deemed necessary
by the City, including agreement terms, limitations, responsibilities of each party,
enforcement, etc.
3. A Master License Agreement may include or refer to City -approved designs for typical
small cell installations in order to allow the streamlined processing of small cell
applications.
4. A Master License Agreement shall require approval by the City Council. Amendments to
an existing Master License Agreement may be made only by the City Council unless
otherwise provided in the Agreement.
Enforcement
This section may be enforced in any manner authorized under the law, including but not limited
to enforcement via civil, criminal or administrative actions. Remedies under this section are in
addition to and do not supersede or limit any and all other remedies, civil, criminal or
administrative. The remedies provided for herein shall be cumulative and not exclusive.
Section 2. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
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Section 3. No _Mandatory Duty of Care. This Ordinance is not intended to and shall not be
construed or given effect in a manner that imposes upon the City or any officer or employee
thereof a mandatory duty of care towards persons and property within or without the City, so as
to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 4. 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
this Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this Ordinance are severable. This City Council hereby declares that it would
have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and
intends that the invalid portions should be severed and the balance of the Ordinance by enforced.
Section 5. 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 bay 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).
Approved this 1st day of December, 2021.
G36 AQPe�
ALAN NAKANISHI
AttestXerk Mayor
JE NI
Ci
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State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1988
was introduced at a regular meeting of the City Council of the City of Lodi held November 17,
2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 1, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1988 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
4FEU MIR
Approv "s to Form. ity Clerk
J I - MAGDICH
City Attorney
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