HomeMy WebLinkAboutAgenda Report - December 1, 2021 I-01AGENDA ITEM 1-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Ordinance No. 1988 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 17.36, `Standards for
Specific Land Uses,' by Adding Section 17.36.150, `Small Cell Wireless
Telecommunication Facilities in the Public Right -of -Way"'
MEETING DATE
PREPARED BY:
December 1, 2021
City Clerk
RECOMMENDED ACTION Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1988.
BACKGROUND INFORMATION: Ordinance No. 1988 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 17.36, `Standards for Specific Land Uses,' by Adding Section 17.36.150, `Small Cell Wireless
Telecommunication Facilities in the Public Right -of -Way,"' was introduced at the regular City Council
meeting of November 17, 2021.
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
311►U71►[ex-mim1A_1--114 =
JC/PMF
Attachment
Not applicable.
Not applicable.
APPROVED: Steve Schwabauer
Jennifer Cusmir
Jennifer Cusmir
City Clerk
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2021\120121\CLK - Ord 1988\Ordinance1.doc
ORDINANCE 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;
5
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.
6
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
N
T- I
ELECTRIC UTILITY DEPARTMENT
Memorandum
TO: City Council
FROM: Jeff Berkheimer, Electric Utility Director
DATE: December 1, 2021
SUBJECT: DECEMBER 1, 2021 CITY COUNCIL MEETING - AGENDA ITEM 1-1 — ADOPT
ORDINANCE RE: SMALL CELL WIRELESS TELECOMMUNICATION
FACILITIES
The sole purpose of the proposed ordinance 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
ordinance will impose reasonable time, place and manner regulations on the installation of wireless
telecommunication facilities pursuant to California 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 telecommunications facilities
are installed in the City.
As part of the public hearing associated with the introduction of the proposed ordinance on November 17,
2021 (Agenda Item G-1), a member of the public questioned the safety of 5G wireless services and
provided the City Council with the following information, attached and included with this memorandum:
1. MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE for Siting of "Small Cell"
Telecommunication Infrastructure — Produced for Americans for Responsible Technology by
Grassroots Communications; and
2. Checklist for Municipal Codes Addressing Small Cell Installations — Produced by Americans for
Responsible Technology (City's responses to the specific points in the Checklist are attached).
This specific member of the public cited concerns specifically as it relates to RF (radiofrequency)
emissions and requested that Lodi use the Model Ordinance as well as ensure all items in the Checklist
are addressed in the City proposed Ordinance.
Following receipt of this information, Lodi Electric Utility staff reached out to Magellan Advisors, LLC to
provide additional information in response to the information provided by this member of the public.
Below is information and clarification provided by Magellan Advisors, LLC (City's consultants):
Health/RF Emissions: The Federal Communications Commission (FCC) has preempted any local
authority over consideration of RF emissions in considering siting of cell towers and
antennas. The FCC has been assigned complete regulatory jurisdiction, under the 1996
Telecommunications Act which preempted local regulation of RF safety standards in favor of a
uniform national RF safety standard under FCC jurisdiction. (For the Standards, see A Local
Government Official's Guide to Transmittino Antenna RF Emission Safetv: Rules, Procedures,
and Practical Guidance; Local and State Government Advisory Committee, Federal
Communications Commission, June 2, 2000. Available at
https:iMireless.fcc.gov/siting/FCC LS_GAC RF Guide.Ddf],
Memorandum to Council
December 1, 2021
Page 2
RE: December 1. 2021 Council Meeting Agenda Item 1-1
Local authorities can require compliance with these FCC RF standards be demonstrated in
evaluating 5G siting applications. Local authorities may not however deny wireless
communications facilities siting applications based on RF emissions — Congress has preempted
local authority on this subject and placed jurisdiction in the hands of the FCC.
Therefore, the proposed Lodi Ordinance/Small Cell Design & Deployment Standards
(Standards)/Master License Agreement (MLA) contain City requirements on RF emissions that
are allowed under federal law — cities are allowed to ensure that the applicant's eq_uiip ent as
installed complies with FCC regulations on RE and the Ordinance/Standards/MLA have multiple
provisions to require compliance with FCC RF regulations. See for example, LEU Small Cell
Design & Deployment Standards (Ordinance Sec. 6A and Section 5 — Radio Frequency
requirements including RF Compliance Report), Master License Agreement requirements
(Ordinance Sec. 9A and MLA Sect. 1 — RF Compliance Report, Sec, 6.3 complete RF
Compliance report required, Sec. 13.5 — compliance with FCC RF Exposure Regulations, cross
referenced to the Code and Standards, Sec. 18 - Indemnification Obligations for any exposure to
RF emissions, Exhibit A-1, RF Report required).
2. "Grassroots Communications" and Americans for Responsible Technology" — Magellan has not
heard of these organization or encountered them in any of our previous work for clients across
the country. All we know is what is shown on their website.-
hftps:]Aw.tw.americansforresponsibletech.orq/- We are not sure their mobile wireless advocacy
points are up to date with recent FCC and court decisions (for example their claim that cities can
require an applicant to show a "significant gap in coverage" as a condition for approving
antenna/tower placement), and it is doubtful that their mobile wireless concerns could stand
scrutiny from the industry at the FCC or in court. Under federal law, a city's regulations may not
"prohibit or have the effect of prohibiting the provision of personal wireless services."
3. The Checklist items provided by the member of the public were considered and addressed in the
proposed Lodi Ordinance/Standards/MLA.
The Ordinance defines permissible facilities in the public right of way, states non-
discriminatory application requirements, states liability insurance requirements, states
relevant standards including location standards and Small Cell Design and Deployment
Standards for "reasonable time, place and manner regulations upon the installation of
wireless telecommunication facilities within the public right-of-way, 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. The Master license Agreement goes into further significant detail regarding standards
and requirements addressing each of the topics in the checklist including notice
provisions and RF emissions.
c. The Small Cell Deolovment Standards and Guidelines address the subjects contained in
the checklist and go into significant detail on antenna placements including notice
provisions, standards and requirements for residential areas, RF Compliance matters,
and many other technical provisions.
d. Compliance with ADA provisions is part of the normal course of business now and need
not be called out separately,
e. As noted earlier, a city may not require documentation of a "significant gap in service" as
a condition for approving antenna/tower placement. Under federal law, a city's
regulations may not "prohibit or have the effect of prohibiting the provision of personal
wireless services."
Memorandum to Council
December 1, 2021
Page 3
RE: December 1, 2021 Council Meeting Agenda Item 1-1
f. Similarly, a city may not preclude placement of wireless facilities in residential or other
areas.
g. It is doubtful that a city could successfully adopt regulations requiring "random
unannounced RFR testing at the expense of the operator" or post conspicuous signs of
pending applications at all proposed sites. We are unaware of such requirements in other
jurisdictions.
Americans for
Ilk . Respolasible
'� r
` � eC111-Ao1ogy
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12/01/2021 - City Responses are
bulleted and formatted under each
Checklist for Municipal Codes
item.
Addressing Small Cell Installations
The code requires applicants to document possession of liability insurance
which does not exclude health claims due to radiofrequency (RF) radiation
exposure. Response: Insurance requirements are listed in the Ordinance Section 1736.150(E)16),
there is no exclusion for health claims.
The code requires the applicant to document significant effort to place
antennas in non-residential areas, and away from schools and daycare centers.
• Response: The City cannot impose this requirement because it would "have the affect of
rohibitlpg the installation," which. ' in viol ci n of federal how,
— The cote requires applicant to provide to a�l �iomeowners within S00 feet of
the proposed installation notification by certified mail.
Response: See Section 6 of the proposed Design Standards, which provide for notice by regular mail
residences within 300 feet. This requirement complies with the federal law.
The code requires the applicant to document a significant gap in service
which will be remedied by the proposed small cell installation.
• Response, The City cannot impose this requirement because it would "have the affect of prohibiting
installation," which is in violation of federal law.
The code requires the applicant to post conspicuous signs of pending
application espons rlleoCsryd aiu7hkelyviolate federallawby"having the affect ofprohibiting" if itgoes
beyond the notice requirements listed in Section 6 of the proposed Design Standards.
The code requires that RF radiation emission limits apply to the aggregate
emissions of all co -located ?quipTe t.
Response: The City is completely preempted by FCC authority to regulate RF radiation emission limits
and the City may only require compliance with FCC standards.
The code requires applicants to certify that all small cell installations will
comply with provisions of the Americans with Disabilities Act.
a Response: See Ordinance Section 1736.150 (E)(3)(e.) which requires ADA compliance.
The code permits the municipality to conduct random, unannounced RFR
emission testing of any small cell installation at the expense of the operator,
and provides for substantial penalties for violations.
• Response: See proposed Design Standards Section 5(E) to (G) which provide for testing in compliance
with FCC requirements.
The code requires applications and permits for all small cell antennas
including strand -mounted antennas.
Response. See Ordinance Section 1736.150 (C) which requires all small cell facilities get a City
permit.
ART 1-21
MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE
for Siting of "Small Cell" Telecommunication Infrastructure
This document is intended for use as a template by towns and villages that have no existing
code for wireless communications infrastructure or have a code that was developed and
adopted prior to the introduction of "small cell" wireless equipment and its widespread
deployment in public rights-of-way.
We strongly advise against the placement of 4G/5G small cell antennas in any residential
areas due to the lack of safety testing, and recommend that every effort be made by applicants
to limit placement of antennas to the least populated areas, such as along highways or in large
parking lots, and as far as possible from schools, daycare centers, playgrounds, parks and other
area where children spend time. Locating antennas in or near residential areas increases issues
regarding aesthetics and property values. These considerations are being used by some
municipalities to challenge or deny permit applications.
Moreover, as public resistance to 4G/5G antennas grows and technology improves, the need for
locating any antennas in residential areas may decline. We note that some wireless carriers are
using existing towers and lower -band frequencies formerly used for analog television signals to
carry so-called "5G" signals, eliminating the need for small cells.
Municipal officials and local attorneys should be cognizant that rulings and orders of the Federal
Communications Commission (FCC) are not laws, and do not have the force of law. They are,
instead, the Commission's interpretation of the law and of its own powers and authority.
Recently, decisions of the FCC regarding the National Environmental Policy Act (NEPA) were
overturned by the District Court in Washington, DC.
The wireless industry often claims that local authorities are strictly limited in their authority over
the placement and operation of small cell antennas, but that is not completely true. In the 1996
Telecommunications Act, Congress preserved to local governments the general authority to
regulate the placement, construction and modification of wireless facilities within their
jurisdiction, subject to five constraints that were placed upon these powers:
Local governments cannot unreasonably discriminate among providers of functionally
equivalent services;
• Local governments cannot prohibit or have the effect of prohibiting the provision of
personal wireless services,
• Local governments must act upon any application to place, construct or modify a wireless
facility with "a reasonable period of time;"
• Any decision to deny an application to place, construct or modify a wireless facility shall be
in writing and be supported by substantial evidence contained in a written record.
Local governments cannot regulate the placement, construction or modification of a
wireless facility on the basis of environmental effects of radiofrequency emissions, to the
extent that such facilities comply with the FCC's regulations concerning such emissions.
Unless prohibited by State law, local governments do have the authority, within their codes, to
specify preferred locations for antennas and require proof that alternate locations are
unsuitable; to require random, independent testing of wireless facilities to ensure compliance
with federal exposure guidelines; to require proof of insurance against claims resulting from
exposure to radiofrequency radiation, including claims under the Americans for Disabilities Act
(ADA); to require that aggregate emissions from co -located equipment will not exceed Federal
exposure limits;
DISCLAIMER: This document is provided for informational purposes only, and is not intended to
substitute for legal advice regarding zoning regulations or code compliance with local, state or federal
law. Americans for Responsible Technology makes no assurances or guarantees regarding the
applicability or suitability of this language for any municipality, and shall not be held responsible for any
legal action arising from the use of language or concepts contained herein. Local municipalities should be
aware that sample ordinances offered by wireless telecommunications companies, their subcontractors
or the organizations they sponsor are generally not protective of the rights, welfare and property of local
municipalities, their homeowners and other residents.
Section 1: FINDINGS
The Town of ._ - _ hereby finds:
1.1 The wireless telecommunications industry has expressed interest in submitting applications
to place antennas and associated equipment on new or existing structures in the Town's public
rights-of-way for deployment of "small cell" wireless telecommunications facilities (hereinafter
"small cell installations").
1.2 The deployment of small cell installations can have both positive and negative impacts on
our community. Multiple small cell installations within the public right-of-way can impact
property values; pose a threat to the public health, safety and welfare; create traffic and
pedestrian safety hazards; impact trees where proximity conflicts may require trimming of
branches or require removal of roots; create visual and aesthetic blights and potential safety
risks from excessive size, height, weight, noise or lack of camouflaging which negatively impact
the quality and character of the Town.
1.3 The Town currently regulates all wireless telecommunications facilities in the public right-
of-way through a zoning and permit process. The Town's existing code has not been updated to
reflect current telecommunications trends or necessary legal requirements. Further, the
2
existing code provisions were not specifically designed to address the unique legal and practical
issues that arise in connection with multiple small cell installations deployed in the public
rights-of-way.
1.4 The Town recognizes its responsibilities under the federal Telecommunications Act of 1996
and state law, and believes that it is acting consistent with the current state of the law in
ensuring that development activity does not endanger public health, safety, or welfare. The
Town intends this Ordinance to ensure that the installation, augmentation and operation of
small cell installations in the public rights-of-way are conducted in such a manner as to lawfully
balance the legal rights of applicants under the federal Telecommunications Act and (insert
applicable State code) with the rights, safety, privacy, property and security of residents of the
Town.
1.5 This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or
effectively prohibit any wireless telecommunications service provider's ability to provide
reasonable and necessary wireless communications services; (2) prohibit or effectively prohibit
any entity's ability to provide reasonable and necessary interstate or intrastate
telecommunications service; (3) unreasonably discriminate among providers of functionally
equivalent services; (4) deny any request for authorization to place, construct or modify
wireless telecommunications service facilities solely on the basis of environmental effects of
radio frequency emissions so long as such wireless facilities comply in every instance and regard
with all FCC's regulations concerning such emissions; (5) prohibit any collocation or
modification that the Town may not deny under federal or state law; or (6) otherwise authorize
the Town to preempt any applicable federal or state law.
1.6 Based on the foregoing, the Town (Board, Selectmen or other governing body) finds and
determines that the preservation of public health, safety and welfare requires that this
Ordinance be enacted and be effective immediately upon adoption.
NOW, THEREFORE, the Town of does ordain as follows:
Section 2: DEFINITIONS
"Co -Located Small Cell Installation" means a single telecommunication tower, pole, mast,
cable, wire or other structure supporting multiple antennas, dishes, transmitters, repeaters, or
similar devices owned or used by more than one public or private entity.
"Exempted Telecommunications Facility" includes, but is not limited to, the following unless
located within a recognized Historic District:
a. A single ground or building mounted receive -only radio or television antenna including
any mast, for the sole use of the tenant occupying the residential parcel on which the radio
or television antenna is located; with an antenna height not exceeding twenty-five feet;
b. A ground or building mounted citizens band radio antenna, including any mast, if the
height (post and antenna) does not exceed thirty-five feet;
c. A ground, building, or tower mounted antenna operated by a federally licensed amateur
radio operator as part of the Amateur Radio Service, if the height (post and antenna) does
not exceed thirty-five feet;
d. A ground or building mounted receive -only radio or television satellite dish antenna,
which does not exceed thirty-six inches in diameter, for the sole use of the resident
occupying a residential parcel on which the satellite dish is located; provided the height of
said dish does not exceed the height of the ridgeline of the primary structure on said parcel.
e. Mobile services providing public information coverage of news events of a temporary
nature.
f. Hand-held devices such as cell phones, business -band mobile radios, walkie-talkies,
cordless telephones, garage door openers and similar personal -use devices.
g. Government-owned and operated receive and/or transmit telemetry station antennas
for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic
control devices and signals, storm water, pump stations and/or irrigation systems, with
heights not exceeding thirty-five feet.
h. Town -owned and operated antennae used for emergency response services, public
utilities, operations and maintenance if the height does not exceed seventy feet.
i. Telecommunication facilities less than fifty feet in height, in compliance with the
applicable sections of this chapter, located on a parcel owned by the Town and utilized for
public and/or quasi -public uses where it is found by the Town Board to be compatible with
the existing uses of the property and serving the public interest.
j. Telecommunication facilities, including multiple antennas, in compliance with the
applicable sections of this chapter, located on an industrial parcel and utilized for the sole
use and purpose of a research and development tenant of said parcel, where it is found by
the planning director to be aesthetically compatible with the existing and surrounding
structures.
"Major Telecommunications Facility" means telecommunication towers, poles or similar
structures greater than 60 feet in height, including accessory equipment such as transmitters,
repeaters, microwave dishes, horns, and other types of equipment for the transmission or
receipt of such signals, as well as support structures, equipment buildings and parking areas.
"NEPA" is the National Environmental Policy Act.
4
"Public Right of Way" means the area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose,
and for purposes of this Chapter shall include Public Utility Easements, but only to the extent
the Town has the authority to permit use of the area for this purpose. The term does not
include a federal interstate highway or other areas that are not within the legal jurisdiction,
ownership or control of the Town.
"Related Third Parties" shall include any entity contracting with applicant for the design,
construction, maintenance, use or operation of the proposed small cell installation, including
such entity's officers, employees, contractors, subcontractors, volunteers and agents or any
subsidiaries, affiliates, successors in interest or legal assigns.
"Small Cell Installation" means all equipment required for the operation and maintenance of
so-called "small cell" wireless communications systems that transmit and/or receive signals but
are not "Major Telecommunications Facilities," including antennas, microwave dishes, power
supplies, transformers, electronics, and other types of equipment required for the transmission
or receipt of such signals.
Section 3: PERMITTING PROCESS
3.1 Permit Required. No small cell installation shall be constructed, erected, modified,
mounted, attached, operated or maintained within the Town on or within any public right-of-
way without the issuance of a permit. No approval granted under this chapter shall confer any
exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the
Town for delivery of telecommunications services or any other purpose.
3.2 Application Content. All permit applications must include:
A. Detailed site and engineering plans for each proposed small cell installation, including
full address, GIS coordinates, a list of all associated equipment necessary for its
operation, as well as a proposed schedule for the completion of each small cell
installation covered by the application;
B. A master plan showing the geographic service area for the proposed small cell
installation(s), and all of applicant's existing, proposed and anticipated installations in
the Town;
C. Certification that the proposed small cell installation(s) addresses an existing and
significant gap in coverage in the service area, such certification to include a detailed
map of the "gap areas" and documentation of such gaps causing an inability for a user
to connect with the land-based national telephone network or maintain a connection
capable of supporting a reasonably uninterrupted communication. (See Note 1)
5
D. Photographs of proposed facility equipment;
E. Visual impact analyses with photo simulations including both "before" and "after"
appearances, including simulations of the appearance of the equipment from the
perspective of any property owner within 100 feet of the proposed location.
Certification by an independent certified radio-frequency (RF) engineer that the small
cell installation will be in compliance with all FCC standards for RF emissions as they
relate to the general public.
G. Certification that the applicant has a right under state law to install wireless
telecommunications facilities in the public right-of-way;
H. Documentation demonstrating significant effort to locate the proposed small cell
installation in a non-residential area, including evidence that nearby non-residential
locations are unsuitable;
1. Documentation that owners of all properties within 500 feet of the proposed small cell
installation have been notified in writing via certified mail of the proposed installation,
including its exact location, and that a blaze orange sign measuring at least 9 inches by
12 inches has been conspicuously placed at the proposed location of each small cell
installation
A disclosure of all related third parties on whose behalf the applicant is acting, including
contracting parties and co-locaters.
K. An executed indemnification agreement as set forth in section 3.6 hereof, as well as
documentation that applicant and any third party on whose behalf the small cell facility
is being constructed is in possession of General Liability Insurance that does not
exclude claims of harm related to exposure to radiofrequency microwave radiation;
L. All required documentation to demonstrate full compliance with NEPA requirements as
set forth by the FCC, unless exemption is claimed. If exempt, applicant must state the
basis is for such exemption and provide proof, including all supporting documents, that
each and every exempt installation meets prescribed requirements;
M. If the small cell installation is proposed to be attached to an existing utility pole or
wireless support structure owned by an entity other than the Town, sufficient evidence
of the consent of the owner of such pole or wireless support structure to the proposed
colocation;
9
N. Performance specifications and data that identify the maximum and minimum amount
or level of radio-frequency emissions that are produced by the equipment when it is in
full operating mode, and a monitoring plan for the Applicant's equipment.
3.3 Application Fee. The Town shall assess a per -installation fee of (See Note 2)
to cover the Town's costs of processing, reviewing, evaluating, conducting a public hearing, and
other activities involved in consideration of the application, and conducting oversight of the
construction of the small cell installation to ensure compliance with zoning requirements.
3.4 Consultant Fee. The Town shall have the right to retain an independent technical consultant
to assist the Town in its review of the application. The reasonable cost of the review shall be
paid by the Applicant.
3.5 Public Availability of Permit Applications. All permit applications submitted pursuant to
this ordinance, including all related documents, shall be made available for viewing and/or
copying by any member of the public during normal business hours at the relevant office of the
Town. Any charge for copies shall be limited to the Town's actual cost. No additional charges
may be assessed against any member of the public for access to the entire permit and all of its
related documents.
3.6 Indemnification. Permittee shall provide an executed agreement in the form provided by
the Town, pursuant to which Permittee and any related third parties agree to defend, hold
harmless and fully indemnify the Town, its officers, employees, agents, attorneys, and
volunteers, from (i) any claim, action or proceeding brought against the Town or its officers,
employees, agents, or attorneys to attack, set aside, void, or annul any such approval of the
Town or (ii) a successful legal action brought against the Town for loss of property value or
other harm caused by the placement or operation of a small cell installation. Such
indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs
or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or
liability of any kind related to or arising from such claim, action, or proceeding whether
incurred by the Permittee, the Town and/or the parties initiating or bringing such proceeding.
The agreement shall also include a provision obligating the Permittee to indemnify the Town for
all of the Town's costs, fees and damages which the Town incurs in enforcing the
indemnification provisions of this Section.
3.7 Notice of Public Meeting. Within ten business days of receipt of a full and complete
application for the installation of a small cell facility in the public Right of Way, the Town shall
schedule a public meeting to be held within 30 days. Notice of such meeting shall be sent by the
applicant to all property owners within 500 feet of each proposed installation, such notice to be
sent by certified mail. At the public meeting, members of the public shall be given an
opportunity to comment regarding the proposed installation
3.7 Annual Recertification.
3.7.1 Each year, commencing on the first anniversary of the issuance of the permit, the
Permittee shall submit to the Town an affidavit which shall list all active small cell wireless
installations it owns within the Town by location, certifying that (1) each active small cell
installation is covered by liability insurance in the amount of $2,000,000 per installation,
naming the Town as additional insured; and (2) each active installation has been inspected
for safety and found to be in sound working condition and in compliance with all federal
regulations concerning radio frequency exposure limits.
3.7.2 The Town shall have the right to employ a qualified independent radio frequency
engineer to conduct an annual random and unannounced test of the Permittee's small cell
wireless installations located within the Town to certify their compliance with all FCC radio-
frequency emission limits as they pertain to exposure to the general public. The reasonable
cost of such tests shall be paid by the Permittee.
3.7.3 In the event that such independent tests reveal that any small cell installation or
installations owned or operated by Permittee or its Lessees, singularly or in the aggregate, is
emitting RF radiation in excess of FCC exposure guidelines as they pertain to the general
public, the Town shall notify the Permittee and all residents living within 1500 feet of the
small cell installation(s) of the violation, and the Permittee shall have forty-eight (48) hours
to bring the small cell installation(s) into compliance. Failure to bring the small cell
installation(s) into compliance and maintain them in compliance throughout the period of
the lease shall result in the forfeiture of all or part of the Compliance Bond, and the Town
shall have the right to require the removal of such installation(s), as the Town in its sole
discretion may determine is in the public interest.
3.7.4 Any small cell wireless installation which is no longer in use shall be removed by the
Permittee within 30 days of being taken out of use.
3.7.5 Any small cell wireless installation which is not removed within 30 days after being
listed as no longer in use in the annual recertification affidavit shall be subject to a fine of
$100/day until such installation is removed.
3.7.6 Where such annual recertification has not been properly or timely submitted, or
equipment no longer in use has not been removed within the required 30 -day period, no
further applications for small cell wireless installations will be accepted by the Town until
such time as the annual re -certification has been submitted and all fees and fines paid.
3.8 Non -Permitted Installations. Any small cell installation constructed, erected, modified or
enhanced prior to the issuance of a site-specific permit from the Town shall be removed prior
to the submission of any other application. No application for a small cell installation shall be
considered, and no so-called "shot clock" for approval shall commence, while such
unauthorized installations remain.
i:3
3.9 Public Availability of Permit Applications. All permit applications submitted pursuant to
this ordinance, including all related documents, shall be made available for viewing and/or
copying by any member of the public during normal business hours at the relevant office of the
Town. Any charge for copies shall be limited to the Town's actual cost. No additional charges
may be assessed against any member of the public for access to the entire permit and all of its
related documents.
Section 4: LOCATION AND CONFIGURATION PREFERENCES
4.1 Siting Guidelines. The purpose of this section is to provide guidelines to applicants and the
reviewing authority regarding the preferred locations and configurations for small cell
installations in the Town, provided that nothing in this section shall be construed to permit a
small cell installation in any location that is otherwise prohibited by this ordinance or any other
section of the Town code.
4.2 Order of preference - Location. The order of preference for the location of small cell
installations in the Town, from most preferred to least preferred, is:
1. Industrial zone
2. Commercial zone
3. Mixed commercial and residential zone
4. Residential zone
(See Note 4)
Section 5: INSTALLATION SPECIFICATIONS
5.1 The Permittee must construct, install and operate the small cell installation in strict
compliance with the plans and specifications included in the application.
5.2 Where feasible, as new technology becomes available, the Permittee shall replace larger,
more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all
necessary permits and approval required by the Town.
5.3 The Permittee shall submit and maintain current at all times basic contact and site
information on a form to be supplied by the Town. The Permittee shall notify the Town of any
changes to the information submitted within seven days of any change, including the name or
legal status of the owner or operator.
5.4 At all times, all required notices and signs shall be posted on the site as required by the FCC
and state law, and as approved by the Town. The location and dimensions of a sign bearing the
emergency contact name and telephone numbers shall be posted pursuant to the approved
plans.
5.5 The Permittee shall maintain current at all times liability and property insurance for each
small cell installation in the Public Right of Way in the amount of $2,000,000 (two million
dollars) naming the Town as additional insureds.
5.6 The proposed small cell installation shall have an adequate fall zone to minimize the
possibility of damage or injury resulting from pole collapse or failure, ice fall or debris fall, and
to avoid or minimize all other impacts upon adjoining properties.
5.7 Every effort shall be made to locate small cell installations no less than 1500 feet away from
the Permittee's or any Lessee's nearest other small cell installation, or within feet of
any permanent residential dwelling. (See Note 3)
5.8 Single or co -located small cell installations must be mounted on an existing structure such
as a utility or lighting pole that can support its weight and the weight of any existing co -located
equipment. All new wires needed to service the small cell installation must be located within
the width of the existing structure so as to not exceed the diameter and height of the existing
utility pole.
5.9 All equipment not to be installed on or inside the pole must be located underground, flush
to the ground, within three (3) feet of the utility pole. Each installation is to have its own
dedicated power source to be installed and metered separately.
5.10 If a Permittee proposes to replace a pole in order to accommodate a small cell installation,
the pole shall match the appearance of the original pole to the extent feasible, unless another
design better accomplishes the objectives of this section. Such replacement pole shall not
exceed the height of the pole it is replacing by more than seven feet.
5.11 Each small cell installation facility shall be designed to be resistant to, and minimize
opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that
would result in hazardous situations, visual blight, or attractive nuisances. The Town may
require the provision of warning signs, fencing, anti -climbing devices, or other techniques to
prevent unauthorized access and vandalism when, because of their location or accessibility, a
small cell installation has the potential to become an attractive nuisance.
5.12 The Permittee shall repair, at its sole cost and expense, any damage including, but not
limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to Town
streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals,
improvements of any kind or nature, or utility lines and systems, underground utility line and
systems, or sewer systems and sewer lines that result from any activities performed in
connection with the installation or maintenance of a small cell installation in the public right-of-
way. The Permittee shall restore such areas, structures and systems to the condition in which
they existed prior to the installation or maintenance that necessitated the repairs. In the event
the Permittee fails to complete such repair within the number of days stated on a written
10
notice by the permitting authority, the permitting authority shall cause such repair to be
completed at Permittee's sole cost and expense.
5.13 Prior to issuance of a building permit, the applicant shall obtain the permitting authority's
approval of a tree protection plan prepared by a certified arborist if the small cell installation
will be located within the canopy of a street tree, or a protected tree on private property, or
within 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 permitting authority.
5.14 Applicant shall abide by all local, state and federal laws regarding design, construction and
operation of the small cell installation, including all state and federal Occupational Safety and
Health Administration (OSHA) requirements for worker safety in, around and above power
lines.
Section 6: APPLICABILITY
This chapter shall apply to all small cell installations and co -located small cell installations in the
Town, and shall not apply to any Exempted Telecommunications Facility or Major
Telecommunications Facility.
Note 1: In its Declaratory Ruling and Third Report and Order issued in September, 2018, the FCC
stated that "applicants do not have to prove there is a significant gap in service nor do they
have to prove that their installation is the least intrusive means of remedying that gap, rather,
they may simply assert that they want the location to improve existing service or add new
service." This assertion directly conflicts with federal case law establishing the "Significant Gap
/Least Intrusive Means test." See Metro -PCS v. San Francisco (2005) and other 9th and 7th
Circuit related cases. As of this writing the conflict has not been resolved.
Note 2: In that same order, the FCC suggests that application fees be no more than $500 per
application, which can include up to five small cell installations, with an additional $100 per
installation after five. The FCC also suggests a fee limitation of $270 per year for each small cell
installation to cover any recurring fees, including rights-of-way. However, municipalities may
charge their actual costs for processing such applications.
Note 3: The town may also wish to include preference for the configuration of small cell
installations, from most -preferred to least -preferred. Configuration preferences might be:
(1) Co -located with existing wireless facilities,
(2) Mounted on existing utility poles,
(3) Mounted on new poles or towers.
11
Considerations include the structural integrity of existing utility poles, the fact that mandating
co -located equipment could result in an unfair esthetic burden on some residents or
neighborhoods, and the possibility that new poles might be bigger, heavier and more obtrusive
than existing poles.
Note 4: Every possible effort should be made to prevent the placement of small cell
installations in close proximity to reside sViabt"Mf-r- t1"efend le setbacks will vary
based on zoning.
This document was produced forAmerican for Responsible Technology
by Grassroots Communications, 184 Main Street, Port Washington NY 11050.
2021 Grassroots Communications, Inc. All rights reserved. Permission to copy is hereby granted
municipalities, their elected officials, legal counsel, employees, contractors and residents.
Version 12.0 November 2021
12
DECLARATION OF POSTING
ORDINANCE 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"
On Thursday, December 2, 2021, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1988 (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 December 2, 2021, at Lodi, California.
- /Q L M ,�"-
Pamela M. Farris
Assistant City Clerk
ordsummaries\aaDecPost. doe
ORDERED BYE
JENNIFER CUSMIR
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE 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
1. 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.
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:
General dirt and grease;
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.
I. 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).
Attest:
JENNIFER CUSMIR
City Clerk
State of California
County of San Joaquin, ss.
Approved this 1St day of December, 2021.
ALAN NAKANISHI
Mayor
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.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
A
JENNIFER CUSMIR
City Clerk
Please immediately confirm receipt
w. o fthisfiix by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NO. 1988 AND NO. 1989
PUBLISH DATE: SATURDAY, DECEMBER 4, 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, DECEMBER 2, 2021
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
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CITY OF LODI
ORDINANCE 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." The purpose of this
ordinance is 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 for small cell wireless telecommunication facilities in the public right-of-way.
Introduced November 17, 2021. Adopted December 1, 2021 and effective December 31, 2021.
AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: None.
ORDINANCE NO. 1989
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
13 — PUBLIC SERVICES —CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III,
"RATES," BY REPEALING AND REENACTING SECTION 13.20.315, "SCHEDULE EDR —
ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to
modify the New Jobs Rate (NJR) discount program for Lodi Electric Utility's commercial and
industrial customers creating more than 20 new jobs. Introduced November 17, 2021. Adopted
December 1, 2021 and January 1, 2022. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor
Nakanishi; NOES: None; ABSENT: None.
Jennifer Cusmir, City Clerk
City of Lodi
December 1, 2021
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.