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Submittal Requirements and Procedures Small-Cell Wireless Communication Facilities

INFORMATION BULLETIN
545
May 2024

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IN THIS BULLETIN:

This Information Bulletin (IB) describes the submittal requirements and procedures for Small Cell-Wireless Communication Facilities (SC-WCFs) proposed within the City’s Right of Way (ROW).   

SC-WCF projects must comply with the WCF regulations, San Diego Municipal Code (SDMC) §141.0420 and the City’s General Plan for WCFs. Several factors are considered when a SC-WCF project is proposed within the City’s ROW. These factors are evaluated during the review process as outlined below. All SC-WCF projects are required to match the aesthetics and heights of existing streetlights installed in the area where the replacement pole is proposed. Protecting the public’s health and safety and maintaining neighborhood character are critical to the success of these installations.  

I. What Is a Small Cell Wireless Communication Facility?

SC-WCFs are defined as low-powered cellular radio access nodes. SC-WCF installations consist of small radio equipment, antennas and backhaul that can be placed on structures such as streetlights, traffic signals, decorative poles, and on private property. SC-WCF attached to existing streetlights or traffic signals within City ROW can be processed through a Master Structural Plan process when specific design standards are met, as illustrated in the WCF Design Guidelines. Otherwise, non-standard SC-WCF designs within the City ROW require a Neighborhood Use Permit (NUP) pursuant to SDMC §141.0420(b)(3) or a Conditional Use Permit (CUP) pursuant to §141.0420(c)(1)(B) when ground-mounted equipment other than a pole is proposed. SC-WCFs on private property are subject to SDMC §141.0420.

II. Definitions:

  1. Master Use and Occupancy Agreement (MUOA) 
    The Master Use and Occupancy Agreement Application is a license to attach small cell nodes to a City-owned streetlight in the City’s ROW for SC-WCFs. The MUOA application can be found here. Any modifications or revisions to this document will require a signed Tolling Agreement until the proposed modifications are reviewed and agreed upon by the Department of Real Estate and Airport Management (DREAM). An MUOA is not valid until it is executed by the applicant and the City. For modifications and revisions to MUOA applications, please contact DREAM at 619-236-6020 before the initial submittal.
  2. Master Structural Plan (MSP)
    Master Structural Plan includes the construction documents for installation of all proposed types of SC-WCF within the City’s ROW, including attachments to City streetlights and traffic signal poles. An MSP shall include Structural Calculations stamped and signed by a licensed Engineer in the State of California, and color Photo Simulations must be included as a separate document to illustrate and accurately depict the proposed equipment attached to city Streetlights and traffic signal poles. Letter of Compliance/Radio Frequency (RF) Compliance Report (RF Report) will be requested during the review process. RF emissions are regulated by the Federal Government. See www.fcc.gov for more information. Multiple MSPs may be required for each MUOA and/or when changes are proposed to an approved MSP. The MSP is designed to streamline all SC-WCF reviews by consolidating various light and traffic pole designs associated with the carriers/ providers within the applicable MSPs for each MUOA.
  3. Right-of-Way Permit (ROW)
    A permit that allows for the construction work associated with the installation of conduits, utility boxes, small cell antennas, etc., in the ROW. The ROW permit application is reviewed and approved by the Development Services Department (DSD) staff. The City’s PRIME platform will assist applicants in determining available ROW assets. Please note that this is only the City’s PRIME tool and that a proper site visit and a current site photo are still necessary for the ROW Permit. Each node requires a separate ROW application and associated submittal requirements. To streamline this process, DSD is limiting 20 applications per week/per carrier.
    • Applicants may reserve up to 20 node locations per week. The applicant will be required to submit the reserved location’s application within 60 days (including all paid invoices associated with the reservation). Projects proposing small cell attachments with power trenches have 150 days, but an SDG&E service order is required prior to issuance. An extension of 60 days may be granted on a case-by-case basis. If no extensions are granted, all reserved sites will become available for reservation by other carriers on day 61. 
    • All in-process ROW permits will be updated in the City’s PRIME platform within 72 hours of the reservation date.  
    • ROW Permit applications expire two years from the date the application is deemed completed and may be extended for a period of 180 calendar days per SDMC §112.0102
    • ROW Permits are provided with an initial duration of two years for construction, which begins at the time of permit issuance. Until the pre-construction meeting has been conducted with the assigned RE and physical work (documented by a valid inspection) related to the construction of the approved plans, the permit will not be considered “active/utilized.” In consideration of SDMC §62.1205, any permits that are not “active/ utilized” during the initial ninety (90) days of the permit duration shall be considered void. Once considered void, the City facility shall regain available status to the public for consideration of SC-WCF installation. 

      Should the applicant desire to continue its pursuit of SC-WCF installation on a voided permit, a new application and permit will be required. The City facility will be subject to availability at the time of the re-application process and listed as available in the Small Cell Availability Suite for future ROW permit applications. Reapplying for the same location by the same carrier is restricted for 30 days.
    • All excavations/installations for each specific SC-WCF shall be completed within one (1) calendar year of execution. The total scope of work permitted in a Public Right-of-Way permit shall be completed within the two (2) year duration, unless otherwise authorized by an extension granted by DSD. 

For further consideration of this information, please refer to the SDMC Chapter 6, Article 2, Division 12, Section 05.

III. Overall Review Process

The following documents/permit applications are required to be submitted initially to start the application process: 

  1. Signed Master Use and Occupancy Agreement (MUOA) by the applicant.
  2. Master Structural Plan (MSP).
  3. ROW Permit for both the attachment type and all associated trenching for each node. Optional at the initial submittal.*
    • Please refer to the ROW flowchart, which outlines the overall review and submittal process. 
    • Each item listed above is concurrently processed to ensure compliance with the Federal Communication Commission’s (FCC) Declaratory Ruling and Third Report and Order.
    • All applications will receive an initial 10-day* review period, at the end of the initial review period a consolidated assessment letter identifying first review comments will be generated. After the Notice of Right to Appeal (NORA) period ends, the MUOA will be ready for execution.
    • Department of Real Estate and Airport Management (DREAM) shall execute the MUOA once it is notified by DSD that the associated MSP and ROW Permits are permit issuance ready. Once DREAM confirms completion of the MUOA, MSP and ROW will be permit issuance ready.

*The SC-WCFs review process is based on the Express Plan Check process and fees. If the applicant opts out of the default express plan check option, then standard fees apply, and a tolling agreement will be required at the initial submittal. Please refer to the plan check fees outlined below. 

*The SC-WCF process for the MUOA, MSP, ROW Permit are individually actively project managed and standard hourly fees apply.

IV. Submittal Requirements

MUOA, MSP, and SC-WCFs applications must be submitted for review. Appointments are required and can be made by contacting the 5G via email at 5g_dsd@sandiego.gov. Reservations for SC-WCFs ROW node locations can be made via email at 5g_dsd@sandiego.gov. A list of node locations with the required "JoinID" number must be submitted to initiate a reservation using the small cell submittal list. This will allow staff to actively set up these projects in advance to minimize wait time. Staff will still be required to perform limited intake, but the overall intake process will be streamlined. Staff will be unable to intake any revised/and or additional nodes not included in the original email. For submittal requirements, please refer to the Small Cell – WCF Construction Plan Review Checklist.

V. Fees

  1. Administrative Fees
    Some fees listed below are due at the time of project submittal, and other fees are due at permit issuance, as indicated below. These fees are charged per permit application in addition to the fees required for the plan review and inspection of the project.
    1. Department of Real Estate and Airport Management (DREAM) Fee 
      As per Resolution #R-309755, the transaction processing fee for DREAM Leases / Permits—New, Renewed or Amended Long Term Agreements is $5,000.004. DREAM collects this amount prior to submitting the MUOA application to DSD. Once the payment is made, DREAM issues a receipt. A copy of the receipt will be required at the time of submission. 
    2. Mapping Fee
      This fee is charged at project submittal when plans, drawings, maps, or other geographical documents are utilized for project review. See IB 502 for more information.
    3.  Fee Collection - Other Agencies/ Department
      This fee is charged at permit issuance for fees collected by the DSD for other departments/ agencies (e.g., Planning Department General Plan Maintenance Fee, Public Works Inspection Fees). See IB-502 for more information.

VI. Plan Review Fees

  1. Master Structural Plan (MSP) 
    The following hourly plan check disciplines will apply to each MSP application. A non-refundable hourly plan check fee is applied for each permit application for each applicable review discipline listed below. A minimum of one hour per discipline is applied. These fees are due at the time of project submittal. Additional hourly plan check fees may be assessed by the reviewer at the time of permit issuance. Refer to IB-501 and IB-502 for current fees: 
    • Engineering Review
    • Structural Review
    • WCF Telecom/ Planning
    • Traffic Safety
    • Environmental Review
    • Project Management
  2. Small Cell-WCF ROW Permit
    Refer to the Fee Table found in IB-502 for a list plan check fees that apply to each application for the installation of Small Wireless Facility (SCSWF). The fee also applies for trenching in the ROW. This fee is due at the time of project submittal.
     
  3. Inspection Fees (Applies to ROW permit only)
    Inspections of Public Right-of-Way Permits are performed by the Field Inspection Team. Inspection fees are collected at the time of permit issuance; this fee includes all normal responsibilities associated with each inspection. Any inspections required beyond the normal responsibilities will be charged the hourly inspection rate; refer to IB-502  for more details. 

  1. After-hours Inspections (Applies to ROW permit only)
    After-hours inspections may be required considering the location of the project site. If required, inspections may take place before 7 a.m. or after 4 p.m., Monday through Friday and, in certain cases, during the weekends. An approved Traffic Control Permit will provide the specific dates and times authorized for after-hours construction. Customers should provide 48 hours’ notice when requesting an after-hours inspection. The City will respond within 24 hours or sooner to all requests. All fees must be paid prior to scheduling an after-hours inspection. Should customers have questions regarding the scheduling of after-hour inspections, contact the Field Inspection Team at 619-446-5242. 
    • After-hours inspection (per day)...... …………………(See IB-502)2
  2. Express Plan Check 
    Express Plan Check Fees will apply to all Small Cell Applications per  IB-502 unless the applicant requests to opt out of the 60-day shot clock. 
  3. Street Damage Fee (Applies to ROW permit only)
    A Street Damage Fee may be assessed to partially recover the increased repaving and reconstruction costs incurred by the City attributed to the impact of an excavation in the public ROW. This fee is collected pursuant to SDMC §62.1215 and is calculated by the reviewer during project review. The fees are calculated considering the limits of the proposed excavation as detailed in the Street Preservation Ordinance. The fees are calculated on a project-by-project basis and are dependent on the means and methods proposed for the project design. These fees are collected at permit issuance.
  4. Other Fees
    1. Request to extend the application deadline
      Extension of Time (EOT) Request Applications for ROW Permits expire two years from the date the application is deemed complete. A non-refundable fee is collected when applicants are requesting an EOT on an application. Submit the EOT application to 5g_dsd@sandiego.gov. 
       
    2. Request to extend permit deadline 
      A non-refundable fee is collected when applicants request an extension of time on an issued Right-of-Way Permit. To request an extension of time, complete an Application for an Extension of Time for Grading/ROW Permits (Form DS-340). 
       
    3. Construction Change Fees (Applies to ROW permit only)
      Changes to approved and permitted plans will be reviewed at the hourly rates for each discipline reviewing the construction change. Fees will be due prior to permit issuance of the construction change. 
       
    4. Traffic Control Permit (Applies to ROW permit only)
      A separate Traffic Control Permit is required to begin work in the Public Right-of-Way under an approved ROW permit. The review of the Traffic Control Plan sheets will be added to the total number of sheets for the review of the ROW permit. Fees will be calculated based on the number of total sheets for the plan set. The applicant must obtain the traffic Control Permit in accordance with IB-177, “How to Obtain a Permit for Traffic Control.”  Learn more.
       
    5. Construction Noise Permit 
      A Construction Noise Permit is required for construction between 7 p.m. and 7 a.m., on Sundays and holidays in accordance with SDMC §59.5.0404. Official City holidays are specified in SDMC §21.0104. The application is submitted to NoisePermits@SanDiego.gov. Learn more. 
       
    6. Field Inspection Team Fees
      Hourly rates for services not covered above:
      • Inspection.............................................. …………………(See IB-502)2
      • Inspection After Hours..................... …………………(See IB-502)2
      • Materials Lab........................................ …………………(See IB-502)2
      • Surveys.................................................... …………………(See IB-502)2
      • Supervisor............................................. …………………(See IB-502)2
  5. Archaeological Area of Interest 
    Any SC-WCF project within the identified Archaeological Area of Interest, as illustrated in the Small Cell Availability Suite (GIS) application, requires additional notes to DS-3179 and environmental inspections. The required environmental notes will be verified by the Civil Engineering reviewer in the applicant’s first assessment letter. Additionally, four (4) hours of monitoring inspection time specific to the environmental inspection will be assessed before the Right-of-Way Permit issuance. (Additional hourly charges may be assessed if environmental impacts occur during inspection). Please refer to IB-502 for details.

  6. Vertical Ground Rods Installation
    Proposed Vertical Ground Rod(s) (VGR) requires approved Master VGR Exhibits (Soil/ Concrete). Once the exhibits are approved, individual requests for each VGR location must be submitted to 5g_dsd@sandiego.gov for processing. One (1) hour of time will be charged to establish the Master VGR Exhibit (Hourly Project Management) and/or subsequent updates. The applicant must also submit a Supplemental ROW Application (DS-3037) with each VGR Request. 
    Additionally, every VGR request (up to five) will be assessed as one hour of the project management fee for processing, setup, and issuance. Inspections for each VGR will be initially assessed at a 2.5-hour charge for soil VGR and the flat rate of one unit for concrete VGRs - See Right-of-Way Inspection Minor Fee (Per IB-502). Additional charges may be applied during the inspection by the Resident Engineer. 

    • For soil-related VGR requests
      After VGR issuance by DSD, a preconstruction meeting is required. Follow all inspection requirements similar to a Right-of-Way Permit application. 

    • For concrete-related VGR requests
      After VGR issuance by DSD, a preconstruction meeting is required. Follow all inspection requirements similar to a Right-of-Way Permit application.

       

    2Fees are subject to change to reflect the most current fee schedule. Please refer to IB-502 for the latest amount.

    3Fee is subject to change. Refer to DREAM for more information.

    4Fee is subject to change.

VII. References


VIII. Previous Versions of this Information Bulletin

This section contains previous versions of this Information Bulletin by the last day they were effective.