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Home My WebLink AboutAgenda Report - November 3, 2021 C-19 PHt? AGENDA ITEM r' ' CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Set Public Hearing for November 17, 2021 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 17.36 "Standards for Specific Land Uses", by Adding Section 17.36.150 "Small Cell Wireless Telecommunication Facilities in the Public Right -of -Way". MEETING DATE: November 3, 2021 PREPARED BY: Community Development Director RECOMMENDED ACTION: Set public hearing to consider the recommendation of the Planning Commission to introduce an ordinance 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". BACKGROUND INFORMATION: As reliance on wireless and broadband infrastructure is becoming greater, cities must face the reality that to meet increasing demands of residents and businesses, more wireless facilities and infrastructure must be deployed. With that reality, city officials must also face a number of policy, public safety, land -use, and right- of-way considerations. California municipalities are constantly faced with a changing regulatory framework related to the next generation of wireless services which requires installing vast numbers of small cell equipment. In order to ensure compliance with Federal Communications Commission orders regarding application timeline/turnaround and fees, as well as address policy, public safety, land -use, and right-of-way issues. On October 7, 2020, by Resolution 2020-224, City Council approved a contract with Magellan Advisors, LLC for wireless policy consulting services. Staff from Community Development, Lodi Electric, Public Works, and the City Attorney's office prepared an ordinance (with the assistance of Magellan Advisors) to regulate "small cell" wireless telecommunications facilities in the public right-of-way. Several ordinances from California cities with municipal electric operations were reviewed as part of the process in developing the proposed ordinance. Staff recommends that the City Council introduce an ordinance 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". APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Small Cell Wireless November 3, 2021 Page 2 of 2 FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable 0): �?'� � - C' � � John R. Della Monica, Jr. Community Development Director Please immediately confirm receipt o f ' 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 17.36, "STANDARDS FOR SPECIFIC LAND USES," BY ADDING SECTION 17.36.150, "SMALL CELL WIRELESS TECHNOLOGY FACILITIES IN PUBLIC RIGHT-OF-WAY" PUBLISH DATE: SATURDAY, NOVEMBER 6, 2021 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, NOVEMBER 4, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK -�"za �6n- PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Emailed to the Sentinel at legals@lodinews.com at 'a 'A(time) on 1114J (date) (pages) forms\advins.doc 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 17.36, "STANDARDS FOR SPECIFIC LAND USES," BY ADDING SECTION 17.36.150, "SMALL CELL WIRELESS TECHNOLOGY FACILITIES IN PUBLIC RIGHT-OF-WAY" On Thursday, November 4, 2021, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider introducing an ordinance 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 Technology Facilities in Public Right -of -Way" (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 November 4, 2021, at Lodi, California. PAMELA M. FARRIS ASSISTANT CITY CLERK ORDERED BY: JENNIFER CUSMIR CITY CLERK KA L E CLAYTON ADMINISTRATIVE CLERK \\cvcfilv0l\administration$\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD.DOC '.:,r,•. CITY OF LOD1 Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 17, 2021 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer Cusmir City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, November 17, 2021, 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 General Development Standards," Chapter 17.36, "Standards for Specific Land Uses," by adding Section 17.36.150, "Small Cell Wireless Technology Facilities in Public Right -of -Way." 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, 2nd 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. W f the Lodi City Council: it Dated: November 3, 2021 App ved as to form: Jan3c . Magdich City Attorney "ISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERMPUBHEAR\NOTICES\NOTCDD Wireless 10/29/21