Sacramento Municipal Code Art. I General Provisions

A. The purpose of this chapter is to promote the health, safety, and general welfare of the residents and visitors of the City of Sacramento; establish reasonable and uniform standards and procedures for the deployment, construction, installation, colocation, modification, operation, maintenance, relocation, and removal on city-owned property, of personal wireless service facilities, consistent with and to the extent permitted under federal and state law; retain the aesthetic character of the city; and ensure that residents, visitors, businesses, and government services in the city have reliable access to state-of-the-art wireless telecommunications networks.

B. This chapter is not intended to, and shall not be interpreted to:

1. Prohibit or effectively prohibit any telecommunications provider's ability to provide personal wireless services;

2. Prohibit or effectively prohibit any telecommunications 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 to place, construct, or modify personal wireless service facilities based on environmental or health effects of radio frequency emissions if those facilities comply with the FCC's regulations concerning emissions;

5. Prohibit any co-location or modification that the city does not have discretion to deny under federal or state law; or

6. Otherwise conflict with any applicable federal or state law or regulation. (Ord. 2020-0018 § 2)

The following definitions apply in this chapter:

"Antenna" means a device used to transmit or receive electromagnetic waves for personal wireless services. "Antenna" does not include broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

"Applicant" means an entity with legal authority to construct, install, modify, co-locate, relocate, or otherwise deploy personal wireless service facilities.

"Base station" has the same meaning as in 47 CFR § 1.6100(b)(1).

"City asset" means an improvement, personal property, fixture, or equipment owned by the city and located on city-owned property and includes city lighting, poles, or similar equipment.

"City manager" means the city manager or designee.

"City-owned property" means real property owned, rented, or leased by the city, or property the city has the right to use or occupy by virtue of an easement, license, or other similar interest in property, including public right-of-way.

"Co-locate" means to install telecommunication facilities, of the same or different telecommunications providers, together on the same tower, pole, or other structure.

"Director" means the public works director or designee.

"FCC" means the Federal Communications Commission.

"Macro-cell facility" means equipment for sending or receiving radio signals over a longer range, including telecommunications towers, transmitters, or other communications equipment.

"Personal wireless services" has the same meaning as in 47 USC §332(c)(7)(C).

"Public right-of-way" means the areas within the city that are across, beneath, in, on, over, under, along and within the public streets, roads, sidewalks, and alleys, and includes public utility easements dedicated to the city.

"Section 6409(a)" means section 6409(a) of the Middle-Class Tax Relief and Job Creation Act, Pub. L. No. 112- 96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 USC § 1455(a) and implemented pursuant to 47 CFR § 1.6100.

"Site" has the same meaning as in 47 CFR § 1.6100(b)(6).

"Small-cell facility" means equipment that meets the definition of "small wireless facility" in 47 CFR §1.6002(l) and is categorically exempt under section 15303 of the California Environmental Quality Act Guidelines (14 CCR § 15303).

"Substantial change" has the same meaning as in 47 CFR § 1.6100(b)(7).

"Telecommunications facility" means a macro-cell facility, small-cell facility, or other facility designed for the provision of cellular telephone communications and other wireless services.

"Telecommunication facility standards" means the standards in section 12.14.040, subsection A, and additional standards adopted by the director pursuant to section 12.14.040, subsection B.

"Telecommunications provider" means a provider of cellular telephone or other wireless services.

"Tower" has the same meaning as in 47 CFR § 1.6100(b)(9).

"Transmission equipment" has the same meaning as in 47 CFR § 1.6100(b)(8).

"Unlicensed wireless service" has the same meaning as in 47 USC § 332(c)(7)(C)(iii). (Ord. 2020-0018 § 2)

A. This chapter applies to telecommunications facilities on city-owned property for which the city approves an application after the effective date of this chapter, except as noted in subsection C below.

B. Small-cell facilities on city-owned property are subject to the following provisions after the effective date of this chapter, notwithstanding the date approved:

• 1. Section 12.14.300 (Radio frequency monitoring requirements);
• 2. Section 12.14.310 (Operation and maintenance standards);
• 3. Section 12.14.320 (Insurance);
• 4. Section 12.14.330 (Indemnity);
• 5. Section 12.14.340 (Abandonment); and
• 6. Section 12.14.350 (Removal and restoration).

• C. The following telecommunications facilities are exempt from this chapter:

1. Personal wireless services facilities or equipment owned and operated by California Public Utilities Commissionregulated electric companies for use in connection with electric generation, or transmission, power, or distribution facilities subject to California Public Utilities Commission General Order 131-D;

2. Personal wireless service facilities constructed for city use or by the city to exclusively provide wireless services such as wi-fi;

• 3. Facilities for wireless reading of water, gas, or electricity meters;
• 4. Amateur radio facilities;
• 5. Over-the-Air-Reception Devices ("OTARD") antennas; and

6. Any facility legally entitled to an exemption pursuant to state or federal law or governing franchise agreement.

D. Telecommunications facilities exempt from this chapter remain subject to applicable state and federal law, as well as applicable requirements of this code, including chapter 12.12. (Ord. 2020-0018 § 2)

A. General telecommunication facility standards.

1. Small-cell facilities must have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

2. Small-cell facilities must be the smallest and least intrusive designs that are technically feasible, as determined by the director, consistent with federal regulations.

B. The director may develop and publish on the city's website additional telecommunication facility standards, consistent with the standards set forth in subsection A and the purposes set forth in section 12.14.010. The director may update and alter such telecommunication facility standards as necessary.

C. No permit will be granted for any telecommunications facility that does not meet the telecommunication facility standards, the requirements of this code, and state and federal law. (Ord. 2020-0018 § 2)

In the event of an officially-declared federal, state, or local emergency, or when otherwise warranted by conditions that the director deems to constitute an emergency, the director may approve the installation and operation of a temporary telecommunications facility that need not meet all the requirements of this chapter, subject to reasonable conditions that the city deems necessary. (Ord. 2020-0018 § 2)