(A) Purpose.
(1) The purpose of this subchapter is to ensure that residents, public safety operationsand businesses in the City of San Joaquin have reliable access to wireless telecommunications ("telecom") facilities and networks and state of the art communications services. It also ensures that installations, modifications, and maintenance of wireless communications facilities, including small cell wireless facilities, in the public right-of-way ("ROW") and on private property are completed in a manner consistent with all applicable laws, are safe, and avoid or mitigate visual, environmental and neighborhood impacts.
(2) This subchapter regulates wireless facilities installations in the ROW, on publicly owned property, and on private property within the city limits. More specifically, the regulations contained herein are intended to:
(a) Encourage, but not require, the location of antennas on light poles, traffic signals, and utility poles in the public ROW;
(b) Encourage the location of antennas in nonresidential areas;
(c) Encourage colocation at new and existing antenna sites; and
(d) Encourage telecom facilities to be located in areas where adverse impacts on the community and on public views are minimized.
(B) The provisions of this subchapter are not intended to:
(1) Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;
(2) Prohibit or effectively prohibit any personal wireless service provider's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;
(3) Unreasonably discriminate among providers of functionally equivalent services;
(4) Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental or health effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions;
(5) Prohibit any colocation or modification that the city may not deny under federal or California state law; or
(6) Otherwise authorize the city to preempt any applicable federal or California state law or regulation.
(Ord. 2021-03, passed 12-7-2021)