Sacramento Municipal Code Art. II Reservations, Permits, and Agreements

A. Macro-cell facilities. No person shall locate a macro-cell facility on city-owned property without first obtaining the following from the director through the real estate services division supervisor:

• 1. Preliminary right of entry;
• 2. Lease agreement; and
• 3. Encroachment permit issued pursuant to chapter 12.12.

B. Small-cell facilities. No person shall locate a small-cell facility on city-owned property without first obtaining the following from the director through the engineering services division:

• 1. Revocable permit issued pursuant to chapter 3.76;
• 2. Master license agreement and site-specific agreement, as described in section 12.14.140; and
• 3. Encroachment permit issued pursuant to chapter 12.12.

C. Facility modifications eligible under section 6409(a). No personal shall modify an existing wireless tower or base station pursuant to section 6409(a) without first obtaining the following from the director through the real estate section of the facilities and real property management division:

1. Section 6409(a) permit; and

2. Encroachment permit issued pursuant to chapter 12.12.

D. Other telecommunications facilities. No person shall locate telecommunications facilities not included in subsections A, B, or C of this section on city-owned property without first obtaining the following:

1. Lease agreement or master license agreement, as determined by the director; and

2. Encroachment permit issued pursuant to chapter 12.12.

E. Other permits and regulatory approvals. In addition to any permit and agreement required under this chapter, an applicant must obtain and comply with all other required authorizations and permits and all other regulatory approvals from all city departments, and state and federal agencies.

F. Proprietary approvals. Nothing in this chapter waives any required proprietary approvals for siting of telecommunications facilities on privately- or publicly-owned property or improvements.

G. Non-exclusive grant. No permit or approval granted under this chapter confers any exclusive right, privilege, license, or franchise to occupy or use city-owned property for any purpose whatsoever. Approval does not act as any warranty of title. (Ord. 2020-0018 § 2)

A. Before submitting any application pursuant to 12.14.100, applicants must reserve a location for installation of telecommunications facilities on city-owned property. Applicants must use the reservation process developed by the city and pay the facility reservation fee established pursuant to this chapter.

B. A facility reservation fee is hereby established and imposed. The amount of the fee shall be established by resolution of the city council. (Ord. 2020-0018 § 2)

A. Applications for any permit required under this chapter must include:

1. The exact proposed location for the facilities, including such specifications, drawings, maps, and other illustrations as are required by the director, clearly describing the telecommunications facilities proposed to be installed or modifications to be made.

• 2. A field inspection report.
• 3. A radio frequency report, as required in the telecommunication facility standards.
• 4. Permit application fees.

B. The applicant shall deposit sufficient funds in a draw-down account held by the city to cover all city permit costs, including all costs to process any encroachment permit. The city shall provide a final billing statement for each application reflecting the amount charged.

C. The permit applications required by this chapter may be filed by an applicant while any other application is pending. No permit will be issued until all other required city, state, or federal permits have been obtained by the applicant, and all other state, federal, and city requirements have been met. (Ord. 2020-0018 § 2)

The permit application process shall be administered in a nondiscriminatory manner, using standardized procedures, and according to the following timelines, consistent with FCC requirements:

A. Macro-cell facilities.

1. No later than 30 days from the date of receipt of the permit application, the city will determine if the application is complete, and whether the applicant has applied for all other required land use entitlements and other required state, federal, or city permits or licenses. If no determination is made within the 30-day period, the application is deemed complete.

2. If an application is complete, or upon expiration of the 30-day period for making that determination, the city shall process the application, and meet with the applicant as needed to determine whether an application should be approved, conditionally approved, or denied for good cause.

3. If an application is incomplete, the city shall notify the applicant in writing of the nature and extent of the deficiencies. If the applicant fails to provide the missing information within 60 calendar days of being notified by the city that the application is incomplete, the application is deemed withdrawn, without prejudice, by the applicant.

B. Small-cell facilities.

1. No later than 10 days from the date of receipt of a permit application, the city will determine if the application is complete, and whether the applicant has applied for all other required entitlements and other required state, federal, or city permits or licenses. If no determination is made within the 10-day period, the application is deemed complete.

2. If an application is complete, or upon expiration of the 10-day period for making that determination, the city shall process the application, and meet with the applicant as needed to determine whether an application should be approved, conditionally approved, or denied for good cause.

3. If an application is incomplete, the city shall notify the applicant in writing of the nature and extent of the deficiencies. (Ord. 2020-0018 § 2)

A. Master license agreement. The city council may adopt a form master license agreement that must be utilized for all applicants seeking a permit for a small-cell facility on city assets. Before the approval of any permit application for a small-cell facility, the applicant must sign a master license agreement with the city. The master license agreement applies to all small-cell facilities owned by the applicant that are installed on city-owned property after the date the master license agreement is signed.

B. Site-specific agreements. Before the approval of any permit application for installation of a telecommunications facility on city-owned property, the applicant shall sign a site-specific agreement. The site-specific agreement will set forth the term of the license for that location and the compensation to be paid to the city, including but not limited to the fair market rent, any in-kind services to be provided to the city, as set forth in subsection E of this section, and any provisions for fee escalation. To protect and preserve the integrity of city-owned property, minimize traffic and other disruptions, and lower costs, the city will evaluate opportunities to coordinate construction with telecommunications and other utility providers.

C. Relocation. When relocation of a telecommunications facility is required due to a City project or other public project, the relocation costs shall be paid by the telecommunications facility permit holder.

D. Co-location. Where the director determines that it is appropriate and feasible, telecommunication facilities located on city-owned property must be co-located.

E. In lieu of requiring payment of the rental rate established by the city, or any portion of the established rental rate, the city may elect to accept in-kind services as compensation, provided that the total value of such services, as determined by the city, together with any rent payment, is at least equal in value to the established rental rate. (Ord. 2020-0018 § 2)

A. Any application for a 6409(a) permit will be processed administratively pursuant to the telecommunication facility standards. The application will not be approved unless the director determines:

1. The proposed facility and modification are eligible for a section 6409(a) permit; and

2. The requested co-location, replacement, or removal does not constitute a substantial change.

B. Conditional approvals. As permitted by law, the director may impose conditions on any section 6409(a) permit to accomplish the purposes of this chapter. (Ord. 2020-0018 § 2)

A. Requirements for approval. The city will approve or conditionally approve an application if the proposed telecommunications facility, as submitted or modified, complies with all the following:

1. Applicable requirements of this chapter and the telecommunication facility standards;

2. All other applicable city requirements, including:

a. Land use regulations, including, but not limited to, city zoning regulations and guidelines and chapter 17;

b. Chapter 3.76, relating to revocable permits for use of the public rights-of-way or easements;

c. Chapter 12.12, relating to excavation permits and street cuts; and

d. Chapter 3.08, relating to business operations tax certificates.

3. All other laws and regulations, including, without limitation, state and federal law.

B. Conditional approval. The city may impose any reasonable conditions on a permit, related and proportionate to the subject matter in the application, as the city deems necessary or appropriate, consistent with the purposes of this chapter.

C. Denial. If an application is denied, the city shall notify the applicant in writing, stating the reasons for the denial. An applicant may appeal the denial to the city manager pursuant to section 12.14.410.

D. Decision notices. Within five days after the city approves, conditionally approves, or denies any of the permits required under this chapter, the city shall send a written determination to the applicant at the email address provided on the application. The city may also post the written determination on its website. (Ord. 2020-0018 § 2)

A. When a permit for a personal wireless services facility is denied or will not meet the requirements of section 12.14.160, the applicant may request an exception.

B. The director may grant a permit exception for a wireless facility if the director finds all of the following:

1. The proposed facility qualifies as a personal wireless service facility;

2. The applicant has provided the city with a reasonable and clearly defined technical service objective to be achieved by the proposed facility;

3. The applicant has provided the city with a written, detailed, and fact-specific statement demonstrating that the proposed facility cannot be deployed in compliance with the applicable provisions in this chapter, the telecommunication facility standards, and other applicable provisions of this code;

4. The applicant has provided the city with a meaningful comparative analysis with the factual reasons why all alternative locations and designs identified by the applicant or the city are neither technically feasible nor potentially available to reasonably achieve the technical service objective; and

5. The applicant has demonstrated that the proposed location and design is the least non-compliant configuration that reasonably achieves the stated technical service objective of the proposed facility. (Ord. 2020-0018 § 2)

A. Reserving a location for installation of small-cell facilities.

1. Within 30 days of reserving a location, the applicant shall complete and submit a field inspection report to the city for review.

2. Based on the field inspection report and other information submitted with the permit applications, the city will determine if the location is suitable for installation of a small-cell facility.

3. The city shall notify the applicant if it determines that the location reserved is not suitable for installation of a small-cell facility.

B. Time to obtain encroachment permit. The applicant must obtain an encroachment permit within 180 days of reserving the facility location. Failure to timely obtain an encroachment permit terminates the reservation. This deadline does not alter the city's obligation to process applications within the timelines required by the FCC.

C. Time to commence construction. For any encroachment permit granted under this chapter, the permittee shall commence work within 180 days from the date of issuance of the permit.

D. Time to complete. The permittee shall substantially complete work within 60 days of the date of commencing work.

E. Extensions. The director may grant a maximum of two written extensions of time from the stated periods in this section if the permittee provides good cause to grant the extension. An extension may be for up to an additional 45 days.

F. Expiration. If a permittee fails to meet the deadlines set forth in this section or timely request an extension, the permits granted by the city automatically and immediately expire. Before any work authorized under an expired permit can recommence, the permittee must file an updated permit application and pay the required fees for a new permit. The telecommunication facility standards in effect at the time of filing the updated permit application will apply. (Ord. 2020-0018 § 2)

If an application is deemed approved by law or regulation, all applicable requirements of this chapter, including those requirements set forth in the telecommunication facility standards in effect at the time the permit is deemed approved, and any other applicable laws, including, without limitation, standard conditions of approval, automatically attach and apply as permit conditions. (Ord. 2020-0018 § 2)

If the city determines that it requires the services of a consultant for expert technical assistance in implementing this chapter or processing any application received pursuant to this chapter, it shall notify the affected applicant or permittee. The applicant or permittee, after an opportunity to review the consultant's proposed scope of work, shall deposit funds equal to the estimated cost of the consultant's services to the city. If the actual cost exceeds the deposited amount, the applicant or permittee shall pay the difference to the city. If the actual cost is less than the deposited amount, the city shall refund the difference to the applicant or permittee. No permit shall be issued if the applicant owes the city funds to fully reimburse the city for its actual costs to process the application, including, without limitation, reimbursement for the city's consultant costs. (Ord. 2020-0018 § 2)