(A) Setbacks and minimum traversable paths. Setbacks shall be measured from the part of the telecom facility closest to the applicable lot line or structure. The setbacks and minimum traversable path requirements applicable in the public ROW shall be determined by city staff based upon the safety needs of the location in order to assure Americans with Disabilities Act (ADA) access, traffic sight distance and related considerations.
(B) Maintenance. The telecom operator shall maintain the telecom facility in a manner consistent with the original approval of the facility.
(C) Non-conformities. A proposed telecom facility shall not create any new or increased non-conformities as defined in the San Joaquin Municipal Code, such as, but not limited to, a reduction in and/or elimination of parking, setbacks, landscaping or loading zones.
(D) Technical consultants. At its discretion, the city may engage outside technical consultants to evaluate and/or verify the information used to support the applicant's showing(s) in its application or with testimony in city proceedings, and where applicable pursuant to this section. The reasonable cost for the consultants shall be borne by the applicant. An advance deposit for the estimated cost of the fees for the outside consultants shall be promptly paid to the city by the applicant upon request by the city. Failure to pay such deposit shall render any pending application incomplete until paid. After the consultant's work has been completed, if the amount of the deposit was insufficient to cover the cost of the consultants' fees the applicant shall immediately reimburse the city for any shortfall. If the cost of the work is less than the estimate the amount over shall promptly be repaid to the applicant at the conclusion of the application proceedings.
(E) Review procedures. The City Council by resolution may adopt further procedures for review of wireless facilities.
(Ord. 2021-03, passed 12-7-2021)