SD Information Bulletin 545

Development Services DSD Home | Permits, Approvals & Inspections | News & Programs | Zoning | Codes & Regulations | Forms & Publications | Public Hearings, Meetings & Notices | Fees | Records | Building & Land Use Enforcement Submittal Requirements and Procedures Small-Cell Wireless Communication Facilities INFORMATION BULLETIN 545 May 2024 View All Information Bulletins IN THIS BULLETIN: • What Is a Small Cell Wireless Communication Facility? • Definitions • Overall Review Process • Submittal Requirements • Fees • Plan Review Fees • References 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 being 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: A. 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 [PDF]. Any modifications or revisions to this document will require a signed Tolling Agreement [PDF] 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. B. 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. C. 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 Small Cell Availability Suite will assist applicants in determining available ROW assets. Please note that this is only a supplemental tool and that a proper site visit and a current site photo or 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. Extension to the 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 ROW permits in process will be updated in the Small Cell Availability Suite 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 [PDF] • 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) commences on 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 calling 619-446-5000. Reservations for SC-WCFs ROW node locations can be made via email. 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 Wireless Communication Facility Construction Plan Review checklist. V. Fees A. 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 fee is $4,920.003. This amount is collected by DREAM prior to submitting the MUOA application to DSD. A receipt will be issued by DREAM once the payment is paid.

A copy of the receipt will be required at the time of submittal for the MUOA application.

2. Mapping Fee This fee is charged at project submittal when there are plans, drawings, maps or other geographical documents utilized for project review. See IB-502 PDF 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 PDF for more information. 4. Records Fee This fee is charged at permit issuance to recover the cost of imaging and archiving the documents in Records. • With calculations/Reports See IB-502 PDF for more information. 2 • Minor Improvements See IB-502 PDF for more information. 2 VI. Plan Review Fees A. 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 PDF and IB-502 PDF for current fees: • Engineering Review • Structural Review • WCF Telecom/ Planning • Traffic Safety • Environmental Review • Project Management B. Small Cell-WCF ROW Permit Refer to the Fee Table found in IB-502 PDF 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. C. Inspection Fees (Applies to ROW permit only) Inspections of Public Right-of-Way Permits are performed by the Engineering & Capital Projects Department. Inspection fees are collected at the time of permit issuance on behalf of the Engineering & Capital Projects Department. This fee includes one inspection for each phase: mark-out, excavations, form, concrete pour, and final. Any inspections required beyond those listed will be charged the hourly inspection rate.

For projects associated with trenching, the inspection fee listed below is per permit (up to 500 linear feet of excavations in the ROW). For projects proposing more than 500 linear feet of excavation, one additional inspection fee will be charged in 500 linear feet increments. For example, a project proposing 500 linear feet of excavation will be charged an inspection fee of $818. While a project proposing 750 linear feet of excavation will be charged an inspection fee of $1,636 and so on. Projects proposing only

installation of small wireless facility will be charged one inspection fee for the site location and hourly inspection fee for each additional device/site location. • 1 to 500 linear feet.......................... ...................(See IB-502 PDF)2 • 501 to 1,000 linear feet.................... .......................(See IB-502 PDF)2 D. 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 Engineering & Capital Projects Department at 619-627-3200. • After-hours inspection (per day)...... .......................(See IB-502 PDF)2 E. Express Plan Check Express Plan Check Administration Fee of $696.664 plus 1.5 times regular plan check fee, or 1.5 times the hourly rate, when applicable. F. 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 562.1215 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 dependent on the means and methods proposed with the project design. These fees are collected at permit issuance. G. 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. To request an EOT on an application, submit the request to the Engineering Division. Request for EOT....................... ...................(See IB-502 PDF) 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 PDF). 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 and Public Right-of-Way Permit are required.

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 of IB-177, "How to Obtain a Permit for Traffic Control." PDF

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. 6. Hourly rates for Engineering & Capital Projects Department services not covered above: • Inspection............................................ ...................(See IB-502 PDF)2 • Inspection After Hours..................... ...................(See IB-502 PDF)2 • Materials Lab...................................... ...................(See IB-502 PDF)2 • Surveys................................................... ...................(See IB-502 PDF)2 • Supervisor............................................. ...................(See IB-502 PDF)2 H. 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 PDF and environmental inspections.

The required environmental notes will be verified by the Drainage and Grades reviewer in the applicant's first assessment letter. Additionally, four 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) Environmental Inspection.............................................. $908.964 I. 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. A (1) hour time will be charged to establish the Master VGR Exhibit (Hourly Project Management) and/or subsequent updates. The applicant will also need to submit a Supplemental ROW Application (DS-3037 PDF) 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 RE: • 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 JB-502 PDF for the latest amount. 3Fee is subject to change. Refer to DREAM for more information. 4Fee is subject to change. VII. References • Wireless Communication Facility Program • San Diego Municipal Code (SDMC)

San Diego Municipal Code (SDMC) Land Development Code (LDC) Project Submittal Manual Fee Schedule for Construction Permits - Structures (IB-501) Fee Schedule for Construction Permits – Grading & Public Right of Way (IB-502) Wireless Communication Facility Guidelines WCF regulations (LDC §141.0420) Small Cell – WCF Construction Plan Review Checklist Small Cell Submittal List Small Cell Specification Sheet ROW Small Cell Flow Chart Construction Plan (DS-3179) Small Cell Availability Suite (GIS) Council Districts Councilmember Joe LaCava (District 1) Councilmember Jennifer Campbell (District 2) Councilmember Stephen Whitburn (District 3) Councilmember Henry Foster III (District 4) Councilmember Marni von Wilpert (District 5) Councilmember Kent Lee (District 6) Councilmember Raul Campillo (District 7) Councilmember Vivian Moreno (District 8) Council President Sean Elo-Rivera (District 9) City Officials & Independent Offices Office of Mayor Todd Gloria City Attorney Mara W. Elliott Ethics Commission Office of the City Auditor Office of the City Clerk

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