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P L A N N I N G C O M M I S S I O N February 20, 2019 Amendment to Redmond Zoning Code Wireless Communications Facilities (WCF) Code Update ---PAGE BREAK--- S T U D Y S E S S I O N P U R P O S E • Technical Committee’s recommendation • Planning Commission’s review schedule ---PAGE BREAK--- R E C O M M E N D E D A M E N D M E N T Amendment to Redmond Zoning Code • Responding to FCC ruling (eff. Jan. 14, 2019) • Deadline • 180 days after publication of this decision in the Federal Register (by Apr. 14, 2019) • Minor amendments to 2018 amendment package • Items necessary for compliance ---PAGE BREAK--- Two new “presumptively reasonable” permit review timelines (shot clocks) Safe harbor fees for use of city-owned infrastructure Guidelines for aesthetic standards • Reasonable • No more burdensome than for other infrastructure deployment • Objective and published in advance Terminology • Collocation – Attachment or installation of an antenna and equipment to existing poles, structures, and infrastructure in the public right- of-way • Effectively prohibit – Actions, processes, codes, or fees, may be deemed an effective prohibition if it "materially inhibits" small wireless facility deployment Minor Changes No Changes Minor Changes Changes F C C R U L I N G ' S K E Y P O I N T S ---PAGE BREAK--- Two new “presumptively reasonable” permit review timelines (shot clocks) Safe harbor fees for use of city-owned infrastructure Guidelines for aesthetic standards Terminology Minor Changes 21.56.040. Time Frames for Review No Changes Minor Changes 21.56.040 General Development Standards 21.56.050 Design Standards for Wireless Communication Facilities Changes 21.56.020 Applicable Permits, Exemptions, and Prohibited Facilities 21.56.030 General Siting Criteria 21.56.060 Special Exceptions 21.76.070 Land Use Actions and Decision Criteria 21.78 Definitions R U L I N G ' S K E Y P O I N T S ---PAGE BREAK--- 6 2 0 1 8 W I R E L E S S C O M M U N I C A T I O N F A C I L I T Y A M E N D M E N T • Amendment to Redmond Zoning Code (RZC) and the Redmond Municipal Code (RMC) • Enable the deployment of Small Cell Facilities within the City’s rights of way • State and federal mandates efficient deployment of Small Cell Facilities and Networks and predictable process for wireless service providers ---PAGE BREAK--- 7 2 0 1 8 W I R E L E S S C O M M U N I C A T I O N F A C I L I T Y A M E N D M E N T • Ordinance No. 2919 (April 3, 2018) • Land use regulations • Review times • Concealment techniques • Design standards for Temporary Wireless Communication Facilities (WCF) and Small Cell Facilities and Networks ---PAGE BREAK--- Macro Cell Towers • More than 75 feet • Backbone Small Cell • Typically 25 – 45 feet • Augments data traffic capacity in dense areas • Primarily in downtown cores and residential neighborhoods Source: National League of Cities Small Cell Wireless Technology in Cities ---PAGE BREAK--- Source: National League of Cities Small Cell Wireless Technology in Cities, ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- A M E N D M E N T E X C E P T S RZC 21.56.040.A.5, General Development Standards ---PAGE BREAK--- A M E N D M E N T E X C E P T S RZC 21.56.050.4, Design Standards for Wireless Communication Facilities ---PAGE BREAK--- R E C O M M E N D E D T O R E D M O N D Z O N I N G C O D E RZC 21.78 Definitions ---PAGE BREAK--- R E C O M M E N D E D T O R E D M O N D Z O N I N G C O D E RZC 21.78 Definitions ---PAGE BREAK--- P R O P O S E D S C H E D U L E Feb. Mar. Apr. May Technical Committee Review and recommendation City Council Review and action Planning Commission Review, public hearing, and recommendation Community Engagement Notice of public hearing, outreach to parties of record and telecom carriers, and notice of City Council’s intent to take action (RZC 21.76.080 Notices) ---PAGE BREAK--- T H A N K Y O U Scott Reynolds, Cameron Zapata, Kimberly Dietz [EMAIL REDACTED] [PHONE REDACTED] Discussion ---PAGE BREAK--- ---PAGE BREAK--- F C C R U L I N G S U M M A R Y • Clarify the scope and meaning of the effective prohibition standard set forth in Sections 253 and 332(c)(7) of the Communications Act as they apply to state and local regulation of wireless infrastructure deployment. • Conclude that Sections 253 and 332(c)(7) limit state and local governments to charging fees that are no greater than a reasonable approximation of their costs for processing applications and for managing deployments in the rights-of-way. • Identify specific fee levels for small wireless facility deployments that presumably comply with the relevant standard. • Provide guidance on certain state and local non-fee requirements, including aesthetic and undergrounding requirements. • Establish two new shot clocks for small wireless facilities (60 days for collocation on preexisting structures and 90 days for new builds) and codify the existing 90 and 150 day shot clocks for non-small wireless facility deployments that were established in the 2009 Declaratory Ruling. • Make clear that all state and local government authorizations necessary for the deployment of personal wireless service infrastructure are subject to those shot clocks. • Conclude that a failure to act within the new small wireless facility shot clock constitutes a presumptive prohibition on the provision of services. Accordingly, we would expect local governments to provide all required authorizations without further delay. Source: FCC Fact Sheet, Planning Commission’s Feb. 8, 2018 packet, Attachment A