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Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 1 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Discussion Issues Issue Discussion Notes Status A. Permit Review Timelines (Shot Clocks) A1. How does the FCC’s ruling impact the City’s procedures and workflow? And, how does it impact applicants for wireless communication facility deployment? (Miller) Planning Commission Discussion Commissioner Miller asked how the FCC’s ruling and associated changes to the Redmond Zoning Code impact procedures and workflows carried out by City staff as well as the applicants for wireless communication facility deployment. Staff Response/Recommendation RZC 21.76.040.F Time Frames for Review – Wireless Communications Facilities provides application review timing in compliance with federal law and FCC guidelines. This portion of the RZC was previously established by Ord. 2919, eff. April 14, 2018. No changes to Section F have resulted from the FCC’s January 14, 2019 ruling, as follows: FCC Ruling: Review of an application to collocate a Small Wireless Facility using an existing structure: 60 days. (ii) Review of an application to collocate a facility other than a Small Wireless Facility using an existing structure: 90 days. (iii) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days. (iv) Review of an application to deploy a facility other than a Small Wireless Facility using a new structure: 150 days. RZC 21.76.040.F Time Frames for Review (current code, no changes recommended to section below) Wireless Communications Facilities. In order to comply with Federal law and FCC guidelines, applications for the following wireless communications facilities and Opened 2/20 ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 2 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status systems shall be finally approved, denied or conditionally approved within the following timeframes. 1.For all WCF applications, other than applications for Eligible Facilities Requests as described below, the City shall approve, deny or conditionally approve the application within the timeframes fixed by Federal or State law, unless review of such application is tolled by mutual agreement. 2.Eligible Facilities Request a. Type of Review. Upon receipt of an application for an Eligible Facilities Request, the City shall review such application to determine completeness. b. Approval; Denial. An Eligible Facilities Request shall be approved upon determination by the City that the proposed facilities modification does not substantially change the physical dimensions of an eligible support structure. An Eligible Facilities Request shall be denied upon determination by the City that the proposed facilities modification will substantially change the physical dimensions of an eligible support structure. c. Timing of Review. The City shall issue its decision within sixty (60) days of receipt of an application, unless the review period is tolled by mutual agreement by the City and the applicant or according to subsection F.2.d. d. Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where the City Administrator determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications. ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 3 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status i. To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application. ii. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness. iii. Following a supplemental submission, the City will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. e. Failure to Act. In the event the City fails to approve or deny an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City Administrator in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. f. Remedies. Any action challenging a denial of an application or notice of a deemed approved remedy, shall be brought in King County Superior Court or Federal Court for the Western District of Washington within thirty (30) days following the date of denial or following the date of notification of the deemed approved remedy. 3.The Administrator is hereby authorized to take appropriate administrative action, such as the hiring of a special hearing examiner, as well as expedited processing of applications, review and appeals, if any, in order to meet Federal or State time limits. Permit review timeframes are regulated at the state and local levels and the shot clocks provide review periods falling within the previously established timeframes. Staff anticipates ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 4 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status that the current ruling does not create new or additional impacts on the City’s procedures and workflows. An increase in demand for access to service and data capacity is anticipated and staff may experience an associated increase in applications for deployment of wireless communication facilities. The requirement for applications of wireless communication facilities to meet the development regulations and design standards provided in RZC 21.56 remains the same as previously established by Ord. 2919: RZC 21.76.070.AD Land Use Actions and Decision Criteria (current code, no changes recommended to section below) 6.Decision Criteria. All proposed wireless communication facilities shall not be approved unless the development regulations and design standards provided in RZC 21.56, Wireless Communication Facilities, are met. In compliance with the FCC’s ruling, the associated changes to the RZC are not anticipated to create new or additional impacts on applicants. The recommended amendments to the RZC are limited to those necessary to ensure the City’s compliance with the FCC’s January 14, 2019 ruling. Public Comment ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 5 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status B. Safe Harbor Fees B1. What is the definition of Safe Harbor Fees? (Miller) Planning Commission Discussion Commissioner Miller requested additional information regarding Safe Harbor Fees, listed as a key point of the FCC’s ruling in staff’s Feb. 20, 2019 presentation. Staff Response/Recommendation The recommended amendments to the RZC do not include fees. For reference, fees are addressed in a fee resolution, currently in discussion among Finance and Public Works staff. The FCC’s ruling (para. 23) discusses “fair and reasonable compensation. Fees are based on an approximation of costs that are “reasonable” and no higher than fees charged to “similarly-situated competitors in similar situations.” (para. 50). Public Comment Opened 2/20 C. Guidelines for Aesthetic Standards C1. Is the Technical Committee the correct decision-making body regarding Special Exceptions (RZC 21.56.060)? (Nichols) Planning Commission Discussion Commissioner Nichols asked whether the Technical Committee was the correct decision- making body, as recommended for amendment to RZC 21.56.060.C.3 Special Exceptions – Procedures. Staff Response/Recommendation RZC 21.56.060.C.3 has been recommended to be amended to include: The decision-making body for review of a Special Exception shall be the Technical Committee. RZC 21.56.060.C.1 defines the final approving authority to be the same as that for the permit approving the antenna(s) location. RZC Table 21.76.070 Wireless Communication Facilities Review Process provides the land use permit type based on wireless communication facility type, the zone in which the facility is proposed, and the type of structure involved. A copy of Opened 2/20 ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 6 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status this table is provided on Pages D-30 to D-32 of the Technical Committee’s Report, Feb. 14, 2019. The permit type for Small Cell Facilities located in special design areas, such as along a portion of Cleveland Street (RZC 21.78 Definitions – Special Design Areas), is Type II and may also involve permits or lease agreements in accordance with RMC Chapter 12.14. Type II permits are an administrative review with decision by the Technical Committee. Redmond Municipal Code (RMC) 4.50.020 provides the authority and duties of the Technical Committee. The Technical Committee shall review land use permit applications as noted in RZC Chapter 21.76, Review Procedures, and report its findings, conclusions and recommendations to the appropriate review authority, when applicable, prior to that authority making its decision or recommendation. The Technical Committee shall be responsible for making decisions or recommendations on land use permit applications, and for City implementation of the State Environmental Policy Act. Public Comment C2. What is the Design Review Boards role regarding review of wireless communication facility character and design? (Miller) Planning Commission Discussion Commissioner Miller asked whether the Design Review Board would or could be involved in the review of wireless communication facility review in the context of facility character and design. Staff Response/Recommendation Staff does not anticipate the Design Review Board reviewing applications for wireless communication facilities. RZC 21.76.020.E.3 Overview of the Development Process – Design Review describes that the Board has design review authority over applications requiring a building permit and having a total valuation of $50,000 or more. The small cell or small wireless facilities for 4G and 5G that are anticipated to be within the right-of-way, will require a Right-of-Way Use permit and in the Special Design Areas, a land use permit, though not a building permit (IBC 105.2.3). Opened 2/20 ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 7 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status Permit review procedures for wireless communication facilities are provided in RZC 21.76.070.AD Wireless Communication Facilities, particularly Table 21.76.070 Wireless Communication Facilities Review Process. This review process, per RZC 21.76.070.AD.6 – Decision Criteria, requires that all proposed wireless communication facilities meet the development regulations and design standards provided in RZC 21.56. Public Comment C3. How will the FCC’s ruling and changes to the Redmond Zoning Code impact the City’s aesthetics? How can current design standards be maintained? How can the City work with providers during code administration for facility deployment? (Kritzer, Miller) Planning Commission Discussion Commissioners Kritzer and Miller requested additional information and examples that demonstrate the changes to the City’s aesthetics that could be anticipated as a result of the FCC’s ruling and associated changes to code. Staff Response/Recommendation RZC 21.56.050 Design Standards for Wireless Communication Facilities provides required design standards for which all wireless communication facilities shall comply. Standards (RZC 21.56.050.4.d) specific to the Special Design Areas (RZC 21.78 Definitions) were previously adopted and no changes are recommended. The current recommendation includes updates regarding size requirements and further clarification in accordance with FCC rules. For reference, the City provides standard details for signs, posts, and poles, several of which provide opportunity for internal fiber or wiring. Within the Special Design Areas, including Leary Way and a portion of Cleveland Street, service providers shall fully conceal small wireless facilities inside poles or incorporate them into street furniture. Any equipment mounted to the poles within the Special Design Areas shall be camouflaged to appear as an integrated part of the pole. Staff will continue to work with the service providers as the demand for wireless communication facilities continues to increase and as technologies change. Four of the City’s standard details are attachment to this issue matrix and are provided to the Commission for reference: • 420 – Luminaire Pole (Concrete Square) (most common) Opened 2/20 ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 8 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status • 425 – Series Light Standard • 470 – Roadway Luminaire and Pole (Old Town) • 487 – Overlake Village Street Light At the Commission’s February 27 study session, staff will provide additional information regarding facility design including examples from service providers. Staff will continue to work with providers such as in coordinating in-field discussions, as provided during the previous amendment process. Public Comment D. Terminology D1. Provide clarification for the definition of Small Wireless Facilities or Small Cell(s). (Rodriguez). Planning Commission Discussion Commissioner Rodriguez asked staff to clarify the definition of Small Wireless Facilities or Small Cell(s), particularly that portion regarding “all other wireless equipment associated with the structure”, as recommended for amendment to RZC 21.78, Definitions. Staff Response/Recommendation The recommended amendment to the definition of Small Wireless Facilities or Small Cell(s) is derived from the definition provided by the FCC as provided below with sections 2 and 3 discussing the sizing for antennas and all other wireless equipment: Small wireless facilities, consistent with § 1.1312(e)(2), are facilities that meet each of the following conditions: The facilities— Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or (ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or Opened 2/20 ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 9 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status (iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of ‘‘antenna’’ in § 1.1320(d)), is no more than three cubic feet in volume; All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; The facilities do not require antenna structure registration under part 17 of this chapter; The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b). The recommended amendment would establish consistency with the federal law regarding 28 cubic feet of equipment by volume, in comparison to the state code (involving 17 cubic feet) per RCW 80.36.375. The following examples from Denver, Colorado demonstrate sizing and show how the antenna and equipment can be incorporated into and onto existing utility poles, provided as new freestanding poles, and installed on buildings: ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 10 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status ---PAGE BREAK--- Amendment to Redmond Zoning Code (RZC) Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Planning Commission Issues Matrix for February 27, 2019 (updated Feb. 27, 2019) Page 11 of 11 Planning Commission Issues Matrix for February 27, 2019 Amendment to Redmond Zoning Code Regarding Wireless Communication Facilities (LAND-2019-00094, SEPA-2019-00100) Issue Discussion Notes Status Public Comment D2. What is the intent regarding the FCC’s ruling regarding “reasonable” and “materially inhibit”? (Miller). Planning Commission Discussion Commissioner Miller asked staff to clarify the meanings of “reasonable” and “materially inhibit” and how the terms would be regulated. Staff Response/Recommendation Staff is consulting with the legal counsel to provide this information at the Commission’s February 27, 2019 study session. Public Comment Opened 2/20