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TECHNICAL COMMITTEE REPORT TO THE PLANNING COMMISSION To: Planning Commission From: Technical Committee Staff Contacts: Steve Fischer, Manager Development Review, [PHONE REDACTED] Sarah Pyle, Manager of Strategic Initiatives, [PHONE REDACTED] Scott Reynolds, Planner, [PHONE REDACTED] Kimberly Dietz, Senior Planner, [PHONE REDACTED] Cameron Zapata, Planner, [PHONE REDACTED] Date: February 14, 2019 Project File Number: LAND-2019-00094 & SEPA-2019-00100 Project Name: Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities Applicant: City of Redmond Reason the Proposal Should be Adopted: The Technical Committee recommends approving the amendment to the Redmond Zoning Code (RZC) because: • The proposal is consistent with the Redmond Comprehensive Plan, as it will reinforce existing policies which support telecommunications as a key component of maintaining Redmond’s communication systems and competitiveness in support of businesses, residents and visitors by promoting access to advanced and affordable communications technology citywide (UT-83); • The primary focus of the proposal is to bring the existing RZC into compliance with federal regulations; • The proposal maintains consistency between the Zoning Code, Redmond Municipal Code and Comprehensive Plan policies for telecommunications; and • The proposal aligns with current amendments to Redmond Municipal Code. ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 2 of 7 2 I. APPLICANT PROPOSAL The City of Redmond proposes amendments to the Redmond Zoning Code in accordance with the most recent Federal Communications Commission (FCC) update to wireless communications facility laws. II. RECOMMENDATION The Technical Committee recommends amending the Redmond Zoning Code to bring the Wireless Communication Facilities regulations into compliance with recently updated federal regulations and provide minor legal updates. Exhibit A-D shows the Technical Committee recommended amendments. III. BACKGROUND, FACTORS CONSIDERED, AND ALTERNATIVES Wireless Telecommunication Facilities, allowing for the transmission and/or reception of radio frequency signals, consist of antennas or a group of antennas and associated equipment such as electrical cabling, cabinets, shelters, or other similar enclosures. These antennas are generally mounted on the rooftops of buildings, water tanks, utility poles or antenna support structures. The associated equipment is typically located on building rooftops with the antennas or within leased areas on the ground. The next generation of technology —4th and 5th generation 4G and 5G/LTE— includes Small Cell Facilities and Small Cell Networks. Small cells are self-contained cell sites that are small, lightweight and low power (see Exhibit B—Macro Cell and Small Cell Images). When installed they become an extension of either existing or new macro networks and can cover up to 1,500 feet. The macro networks consist of much larger antennas and are mounted to tall Antenna Support Structures (towers) or to building rooftops. These macro sites typically provide coverage up to several miles. The RZC provides review procedures and development and design standards for such facilities Antenna Support Structures and Small Cell Facilities, however, require a series of amendments to comply with a new ruling by the Federal Communications Commission (FCC). The City’s legal counsel identified amendments to the RZC that will ensure the City’s compliance with federal regulations for Wireless Communications Facilities; 47 CFR Part 1 (effective January 14, 2019); this includes timelines (“shot clocks”), minor aesthetic standards, and clarification of definitions. The Wireless Communications Facilities section of the RZC was last updated on April 14, 2018 in accordance with federal regulations (Spectrum Act). On January 14, 2019, the FCC issued a ruling regarding the deployment of Fourth Generation (4G) and Fifth Generation (5G) Mobile communication system infrastructure. ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 3 of 7 3 The Technical Committee is recommending that current regulations be modified to comply with current FCC standards. A. ALTERNATIVES 1. No RZC changes. Not amending the Wireless Communication Facilities in the RZC and maintaining the current regulations would mean that Redmond’s Zoning Code would be noncompliant with federal regulations regarding definitions, processes for certain scopes of work, and design standards. The Technical Committee does not recommend this alternative because this would not be responsive to federal mandates. 2. Approve some of the RZC changes. The City could approve some, but not all, of the proposed amendments. To be in compliance with federal mandates, regulations preempted by federal ruling such as, shot clocks, definitions, or associated equipment size minimums need to be adopted. The City could choose to not adopt other proposed modifications such as minor clean-ups which may be updated at a later time. IV. ADDITIONAL SUPPORTING ANALYSIS A. COMPLIANCE WITH CRITERIA FOR AMENDMENTS Redmond Comprehensive Plan Policy PI-16 directs the City to take several considerations, as applicable, into account as part of decisions on proposed amendments to the Comprehensive Plan. PI-16 Items1 through 6 apply to all proposed amendments. The following is an analysis of PI-16 of how this proposal complies with the requirements for amendments. 1. Consistency with Growth Management Act (GMA), State of Washington Department of Commerce Procedural Criteria, VISION 2040 or its successor, and the King County Countywide Planning Policies. The proposed amendments take into account direction by the GMA, including encouraging public facilities and services. GMA, the State of Washington Department of Commerce, VISION 2040, and King County Countywide Planning Policies also emphasize providing needed services such as telecommunications to support the economy and quality of life for all who ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 4 of 7 4 rely on these resources. The King County Countywide Planning Policies, Policy F-345 states: “Telecommunication services are to be encouraged as a means to mitigate the transportation impact of development and growth, including Greenhouse Gas Emissions”. 2. Consistency with Redmond’s Comprehensive Plan, including the following sections as applicable: a. Consistency with the goals contained in the Goals, Vision and Framework Policy Element. One of the eight goals for Redmond contained in the Goals, Vision and Framework Policy Element is “To cultivate a well-connected community, working together and with others in the region to implement a common vision for Redmond’s sustainable future.” The proposed amendment supports this goal and is consistent with other goals within this Element. b. Consistency with the preferred land use pattern as described in the Land Use Element. The proposed amendment is consistent with the preferred land use pattern by encouraging needed facilities that serve the general public. c. Consistency with Redmond’s community character objectives as described in the Community Character/Historic Preservation Element or elsewhere in the Comprehensive Plan. The proposed amendment is consistent with Policy CC-2, which reads “Recognize and encourage Redmond as a center for intellectual and technological innovation.” Wireless communication provides sharing data quickly and efficiently among users. d. Consistency with other sections including the Transportation Element as applicable. The proposed amendment is consistent with Transportation Element policies are not directly applicable to the proposed amendment; however, the Utilities Element Policy TR-34, which reads “Use advanced technology to manage the transportation system by: Improving the efficiency of the system; disseminating travel, roadway, incident and emergency information to system users; and improving information collection for the purpose of traffic management.” The proposed amendment is consistent with UT-83 which reads “Promote a wide range of telecommunications options. This can include making City facilities available for placement of antennas, treating attached cellular base antennas as other building or rooftop appurtenances, and support website communication between the City and its residents and customers.” ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 5 of 7 5 The proposed amendment is also consistent with UT-88 which reads “Maintain Redmond’s competitiveness in support of businesses, residents and visitors by promoting access to advanced and affordable communications technology citywide.” 3. Potential general impacts to the natural environment, such as impacts to critical areas and other natural resources, including whether development will be directed away from environmentally critical areas and other natural resources. The changes proposed will not affect the degrade the current environmental protections within the current WCF and RZC Article 4; Environmental Regulations. 4. Potential general impacts to the capacity of public facilities and services. For land use related amendments, whether public facilities and services can be provided cost-effectively and adequately at the proposed density/intensity. The proposed amendment will enhance the capacity of public facilities and services due to the fact that these modifications to the RZC by creating greater flexibility as future advancements come to telecommunication technology including 5G. Providing technology will also create greater telecommunication density and improve cost predictability. 5. Potential general economic impacts, such as impacts for business, residents, property owners, or City Government. The proposed amendment will provide opportunities for 4G and 5G Technology deployment to the Redmond community in compliance with the current FCC standards. 6. For issues that have been considered within the last four annual updates, whether there has been a change in circumstances that makes the proposed amendment appropriate or whether the amendment is needed to remedy a mistake. The current series of amendments has not been considered within the last four annual updates, nor has there been a need to remedy a mistake. The amendments address a change in circumstances due to recently updated federal mandates and new wireless technologies. V. AUTHORITY AND ENVIRONMENTAL, PUBLIC AND AGENCY REVIEW A. AMENDMENT PROCESS RZC Sections 21.76 require that amendments to the Comprehensive Plan or Zoning Code be reviewed under the Type VI process. Under this process, the Planning Commission conducts a study session(s), an open record hearing(s) on ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 6 of 7 6 the proposed amendment, and makes a recommendation to the City Council. The City Council is the decision-making body for this process. B. SUBJECT MATTER JURISDICTION The Redmond Planning Commission and the Redmond City Council have subject matter jurisdiction to hear and decide whether to adopt the proposed amendment. C. WASHINGTON STATE ENVIRONMENTAL POLICY ACT (SEPA) This Zoning Code Amendment is SEPA exempt pursuant of WAC 197-11-800.19 issued for this exemption on February 1, 2019. (See Exhibit C) B. 60-DAY STATE AGENCY REVIEW State agencies were sent 60-day notice of this proposed amendment on January 30, 2019. C. PUBLIC INVOLVEMENT The proposed amendments have been provided to the wireless industry representatives for review and feedback as well as to the parties of record list from the Wireless Communication Facilities Code Update that was done last year (LAND-2017-00190, Ordinance 2919). Comments have been received on behalf of Verizon and AT&T. Some of those comments regarding the modifications have been summarized below: • Clarify why interior conduit is included toward the minimum 28 cubic feet for pole mounted equipment enclosures, unified camouflage designs, and associated transmission equipment (including interior conduit). • Include the FCC’s definition of “antenna equipment” for purposes of defining small wireless facility instead of stating “equipment enclosure” includes “antenna equipment.” Antenna equipment is not necessarily in an enclosure. D. APPEALS RZC 21.76.070.J identifies Zoning CodeAmendments as a Type VI permit. Final action is by the City Council. The action of the City Council on a Type VI proposal may be appealed by filing a petition with the Growth Management Hearing Board pursuant to applicable requirements. VI. LIST OF EXHIBITS Exhibit A: Recommended Zoning Code Amendment for Wireless Communications Facilities Exhibit B: Macro Cell and Small Cell images ---PAGE BREAK--- Redmond Zoning Code Amendment to Address Wireless Communication Facilities LAND-2019-00094 Technical Committee Report Page 7 of 7 7 Exhibit C: Public Hearing Notice Exhibit D: SEPA Exemption Conclusion in Support of Recommendation: The Technical Committee has found the proposal to be in compliance with the Redmond Zoning Code, Redmond Comprehensive Plan, Redmond Municipal Code, and State Environmental Policy Act (SEPA). Therefore, the Technical Committee recommends approval of the proposed amendments. ERIKA VANDENBRANDE, KRISTI WILSON, Planning Director Interim Director of Public Works Planning and Community Development Public Works Department Department