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Council PKT 11-21-2017 SpecialCITY OF Federal Way Centered on Opportunity CITY COUNCIL SPECIAL MEETING /STUDY SESSION AGENDA Council Chambers - City Hall November 21, 2017 — 5:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. STUDY SESSION: ORDINANCES REGARDING SMALL CELL DEPLOYMENT IN THE RIGHTS -OF -WAY • • • Staff Report: Deputy City Attorney Mark Orthmann and Outside Counsel Scott Snyder Citizen Comments (3 minutes each) Council Discussion /Questions 4. STUDY SESSION: 2018 LEGISLATIVE AGENDA • Staff Report: Ehren Flygare, Advocates Inc. /City Lobbyist • Citizen Comments (3 minutes each) • Council Discussion /Questions 5. ADJOURNMENT City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 3 SUBJECT: BRIEFING REGARDING DRAFT SMALL CELL FRANCHISING AND ZONING ORDINANCES. POLICY QUESTION: N/A — Information only briefing. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: 11 II Consent City Council Business Ordinance n Resolution n Public Hearing Other STAFF REPORT BY: Mark Orthmann, Deputy City Attorney DEPT: Law Background: Staff and outside counsel will be providing a briefing on draft ordinances that will be returning to Council for consideration. No action will be taken at this meeting. Attachments: 1. Staff report 2. PowerPoint presentation 3. Ordinance amending Title 4 FWRC 4. Interim zoning ordinance amending Title 19 FWRC MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A 114741 DIRECTOR APPROVAL: 11116(11" Committee Council Initial /Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CIT Federal Y Way CITY ATTORNEY'S OFFICE SPECIAL COUNCIL MEETING STAFF REPORT DATE: 11/21/2017 TO: CITY COUNCIL VIA: JIM FERRELL, MAYOR FROM: J. RYAN CALL, CITY ATTORNEY MARK ORTHMANN, DEPUTY CITY ATTORNEY SUBJECT: STUDY SESSION TO INTRODUCE DRAFT ORDINANCES RELATED TO TELECOMMUNICATIONS SERVICES, FRANCHISING, AND SMALL CELL DEPLOYMENTS Staff and outside counsel are providing a briefing to Council on upcoming code revisions. No action will be taken at this meeting. For the past year, the city has been a member of a consortium of other jurisdictions throughout the state working to respond to new technology that telecommunications providers wish to deploy within the public rights -of -way. More specifically, the providers are working to develop and construct small cell facilities to increase network capacity in urban population centers like Federal Way. In order to prepare for small cell deployment, and update the Federal Way Revised Code ( "FWRC ") to meet required federal timelines, staff and outside counsel have prepared ordinances to address franchising and zoning for telecommunications facilities. These ordinances will provide for the regulation of new technology and incorporate updates into the city's existing telecommunications regulations, Chapter 19.255 FWRC. Small cell facilities are smaller than the macro cell facilities that are located, for example, in parks, on private property, and on the BPA towers crossing the city. Small cells are usually connected to fiber optic infrastructure, transmit data and cellular signals, and are typically built on existing utility or traffic poles within the rights -of -way to increase capacity in densely trafficked and populated areas, e.g., commercial centers and residential neighborhoods. Small cell development and deployment will primarily be regulated through the city's franchising ordinances. A franchise is a form of contract and the courts give significant deference to these city council decisions as legislative acts. The city has more than a dozen franchises in place right now with various utilities and telecommunications providers and will be entering into new franchises to regulate small cell facilities in the city's rights -of -way. Attached to this staff report are the code revisions to the FWRC, which include the following: 1. Amendments to Title 4 FWRC to add a new Chapter 4.23 FWRC to control the deployment of small cell technology in the city's rights -of -way. This Chapter requires providers to apply for and receive both a franchise and Small Cell Permit prior to beginning any construction. 2. Amendments to Title 4 FWRC to add a new Chapter 4.24 FWRC to include federally established review periods for telecommunications applications, which are also known as "shot clocks." The federal and state governments mandate that local governments act on these applications within specified timeframes and Chapter 4.24 FWRC incorporates these requirements. While there are various timelines that apply depending on the situation, cities must approve franchises within 120 days of receiving a complete application. 3. Amendments to definitions throughout Title 19 FWRC to consolidate telecommunications references in appropriate locations throughout the code. 4. Amendments to Chapter 4.22 FWRC to update franchise application processing. 5. Adoption of an interim zoning ordinance to repeal and replace Chapter 19.255 FWRC, Personal Wireless Service Facilities, to wrap new zoning regulations into the city's existing telecommunications review structure. This revision will update the city's telecommunications code to leave in place those provisions that are still working, while adding language to address the technology that providers wish to deploy in the city. The interim zoning ordinance is being used to put stop -gap regulations in place that will be effective for six months. Staff will return with a finalized ordinance to adopt zoning controls through the normal public processes via the Planning Commission, LUTC, and City Council. 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(1) x t3 L.) v, . O Q c E O u_ Cn Ln � . 5 ▪ . _ -0 = L_ N N cn as a) v . v' ci1 (Au E Z cri v N > O O • c� Q c� v u vi nl c� aJ �- c� -Q a) _C i- 4'' w 0 d- oC U V .E ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of interim land use regulations and official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 to control the provision of telecommunications facilities within the City; amending Chapter 19.05 FWRC, FWRC 19.15.010(1), FWRC 19.190.030, FWRC 19.190.030; repealing Chapter 19.255 FWRC; adding a new Chapter 19.255 FWRC; declaring an emergency, adopting findings, and establishing an immediate effective date. (Amending Ordinance Nos. 15 -804, 15 -797, 13 -754, 11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 97 -291, 09 -43) WHEREAS, Chapter 19.255 of the Federal Way Revised Code ( "FWRC ") provides for bulk and review procedures applicable to the installation of personal wireless service facilities in the various zones of the City; and WHEREAS, contemporaneous with the consideration of this ordinance, the City Council enacted amendments to its franchise provision as Chapters 4.23 and 4.24 FWRC in order to provide for the deployment of small cell facilities and to establish time limits known as "shot clocks" as required by federal laws such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and WHEREAS, federal law and regulations sets time limits on the processing of applications for eligible facility requests to expand existing structures that do not substantially change the height or profile of the structures used to collocate personal wireless service facilities; and WHEREAS, eligible facilities requests that would not substantially change the height or profile cannot be denied and/or are deemed approved if not acted upon within sixty (60) days of the receipt of a complete application; and WHEREAS, federal law imposes a ninety (90) day time limit or "shot clock" on consideration of applications for the collocation of personal wireless service facilities on existing Page 1 of 30 Ordinance No. 17- towers and base stations and a one hundred and fifty (150) day shot clock for the consideration of all requests to install new antenna support structures; and WHEREAS, the City Council acknowledges that the growing use of smart phones and other personal wireless devices creates a substantial need for wireless data transmission; therefore, the City Council deems it in the public interest to adopt the federal guidelines by separate contemporaneous action while integrating the provisions of such changes in the zoning code in order to ensure for the speedy review of applications; and WHEREAS, the potential conflict between City land use review timelines and the preemptive federal shot clocks creates a time sensitive emergency requiring the use of an interim zoning ordinance; and WHEREAS, the adoption of the contemporaneous franchise revisions and shot clocks requires integration with the City's zoning code in order to provide for design guidelines and processes to be used in the consideration of applications for eligible facilities requests as well as small cell deployment applications; and WHEREAS, the City Council finds it to be in the public interest to exercise its discretion pursuant to RCW 36.70B.140 to exclude street and public right -of -way use approvals and vacations from the review requirements of RCW 36.70B.090 and RCW 36.70B.110 through 36.70C.130; WHEREAS, a public hearing was held on , 2017. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERWL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 19.05.010 is hereby amended to read as follows: "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property Page 2 of 30 Ordinance No. 17- or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. "Abandoned personal wireless service facility" means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include: (1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner /operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Page 3 of 30 Ordinance No. 17- "Administrator" for the purpose of sign regulations means the director or his /her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go -go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult- oriented merchandise; or (b) Provides, as its substantial stock -in- trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult - oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. Page 4 of 30 Ordinance No. 17- "Adult- oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights" means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium" means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antenna(s)" means any system of clectrernagnetically tuned wires, poles, rods, reflecting discs (1) "Omni directional (or 'whip') antcmta(s)" transmits and rcccivcs radio frequency signals in a 360 degree radial pattern. (2) "Directional (or `panel') antonrra(s)" transmits and receives radio frequency signals in a Specific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish') antenna(s)" is a bevvl shaped device for the reception and/or transmission of communications signals in a specific directional pattern. ('1) "Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. Page 5 of 30 Ordinance No. 17- "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE)" means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Lowest Eexation Reie ien oe datum (AB E) Hghest 6evrtion "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 2. FWRC 19.05.050 is hereby amended to read as follows: "Easement" means the right to use the real property of another for a specific purpose. Page 6 of 30 Ordinance No. 17- "EMF" means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. twitching equipment, cooling system and back up powcr systems. "Erosion" means the removal and transport of soils or rock fragments by water, wind, ice, or similar natural forces. "Essential public facility" is any facility or conveyance that: (1) Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) Is a necessary component of a system, network or program which provides a public service or good; (3) Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and (4) Meets the following definitions of either a Class I or a Class II essential public facility: (a) Class I facilities are those facilities of a county, regional or state -wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities may include several local jurisdictions or a significant share of the Puget Sound regional population and may include, but are not limited to, the following: (i) State or regional education facilities (except minor branch facilities), including: research facilities, university branch campuses, and community colleges; (ii) State or regional transportation facilities, including: light and/or standard rail lines, commuter terminals, transit centers, and park- and -ride lots in residential zones; (iii) State or regional correctional facilities; (iv) Solid waste handling facilities (large scale), including: transfer stations and recycling centers; (v) Sewage treatment plants; (vi) Power plants; Ordinance No. 17- Page 7 of 30 (b) Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. Class II facilities are typically characterized by providing some type of in- patient care, assistance, or monitoring and may include, but are not limited to, the following: (i) Substance abuse facilities; (ii) Mental health facilities; (iii) Group homes /special needs housing; (iv) Local schools, including: elementary schools, middle schools, and high schools; (v) Social service transitional housing, including: domestic violence shelters, homeless shelters, and work - release. "Excavate" or "excavation" means the mechanical removal of soils or underlying strata. "Exposed building face" for sign regulations means the building exterior wall of a single - occupant building or the building exterior wall of an individual tenant's leased space in a multi - tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building- mounted signs. Section 3. FWRC 19.05.130 is hereby amended to read as follows: "Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. "Manufactured home" means a factory -built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general," means establishments typically manufacturing and producing for the wholesale market. (2) "Manufacturing and production, limited," means retail establishments engaged in the small -scale manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general," by a predominant use of hand Page 8 of 30 Ordinance No. 17- tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right -of -way. This category includes uses such as ceramic studios; candle- making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. "Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. (1) Four fcct in hcight and with an area of net roc than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no morc than six fcct high. "Minor facility" moans a wireless communication facility consisting of up to three antennas, eaeh-ef-whieh-is-eithen (2) If a tubular antenna, no more than four inches in- diameter and no more than six feet in no more than 48 square feet in floor area. "Mixed -use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple -story building" means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. Page 9 of 30 Ordinance No. 17- "Multi- tenant complex" means a complex containing two or more uses or businesses. "Multi -use complex" means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi -use complex. "Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 4. FWRC 19.15.010 is hereby amended to read as follows: 19.15.010 Exemptions from the requirements of the Regulatory Reform Act of 1995 (Chapter 36.70B RCW). Certain types of projects such as adoption or amendment of a comprehensive plan, sub -area plan or development regulations are not subject to the mandates of Chapter 36.70B RCW. In addition, a local government may exempt other approvals relating to the use of public areas or facilities and other permits, whether administrative or quasi judicial, determined by the local government to be a special circumstance warranting a different review process. Yet other projects that may be exempt from certain provisions of the act include projects which are categorically exempt from environmental review or for which environmental review has already been completed under the provisions of the State Environmental Policy Act (SEPA). In general, these projects are anticipated to have no impacts or potential impacts would have been addressed during prior environmental review. Based on the provisions of the act, the city has developed the following three categories within which exempt projects fall: Projects exempt from all of the procedural requirements of Chapter 36.70B RCW; projects exempt only from the 120 -day time line requirement of RCW 36.70B.090; and projects exempt from certain notice or application and notice of decision requirements in RCW 36.70B.110 and 36.70B.130. (1) Exempt Projects. The following projects are exempt from RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130. (a) Adoption or amendment of a comprehensive plan. (b) Adoption or amendment of a sub -area plan. (c) Adoption or amendment of a development regulation. (d) Area -wide rezones. (e) Site - specific rezones.] The time required for screening by the city council land use and transportation committee prior to city council review of an application for site - specific rezones, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create special circumstance pursuant to Page 10 of 30 Ordinance No. 17- (f) Historic or landmark designations. (g) Permits of approvals to use, vacate, or transfer £streets other public rights -of -way vacations, parks, and similar types of public property. (h) Annexations of land to the city including annexation agreements. (i) Planned actions as defined in Chapter 43.21C RCW. (j) Adoption or amendment of development agreements pursuant to RCW 36.70B.170. (k) Preliminary plat.2 (2) Projects exempt from 120 -day time line. Projects within subsection (2)(a) of this section are exempt from the 120 -day time line set by RCW 36.70B.090. In addition, the time periods specified within subsection (2)(b) of this section are excluded from the 120 -day time line. (a) (i) Projects requiring a comprehensive plan amendment. (ii) Projects requiring an amendment to the development regulations. (iii) Applications for fully contained communities as provided in RCW 36.70A.350. (iv) Applications for master planned resorts as provided in RCW 36.70A.360. (v) The siting of an essential public facility as provided in RCW 36.70A.200. (vi) A project that is substantially revised in which case it shall be treated as a new submittal required to meet all requirements for a complete application as set out in FWRC 19.15.040. (vii) Capital facility projects of the city. (b) (i) Any time period during which the applicant has been requested by the director of community development services to complete studies, correct plans, RCW 36.70B.140 necessitating exemption of site - specific rezones from the review procedures of Chapter 36.70B RCW. The city has elected to provide a public notice of application and decision for site - specific rezones notwithstanding this exemption. 2 The time required for screening by the city council land use and transportation committee prior to city council review of an application for a preliminary plat, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create a special circumstance pursuant to RCW 36.70B.140 necessitating exemption of preliminary plat applications from the review procedures of Chapter 36.70B RCW. The city has elected to provide a letter of completeness and public notice of application and decision notwithstanding this exemption. Page 11 of 30 Ordinance No. 17- supplement insufficient information, or respond to requests for additional information. (ii) Any period during which an environmental impact statement is being prepared; said time period must be agreed upon by the applicant and the director of community development services. (iii) Any period for administrative appeals of a project permit. The time period for an open record appeal hearing shall not exceed 90 days, and for a closed record appeal hearing, said time period shall not exceed 60 days. (iv) Any extension of time mutually agreed upon by the applicant and the director of community development services. (3) Projects exempt from certain process requirements. The act allows a local government to exempt certain projects from RCW 36.708.060, and RCW 36.70B.110 through 36.70B.130. Therefore, the following projects have been exempted from the requirements to issue a public notice of application and notice of decision. (a) Lot line eliminations and boundary line adjustments. (b) Building and other construction permits or similar administrative approvals, categorically exempt from SEPA. (c) Building and other construction permits or similar administrative approvals for which SEPA review has been completed in conjunction with other project permits. Section 5. FWRC 19.190.030 is hereby amended to read as follows: 19.190.030 Unzoned property; rights -of -way uses. Any property within the city which, for any reason, does not have a zone classification on the zoning map will be construed to be within the SE zone; provided, however, that the uses permitted within the public rights -of -way shall be governed by the terms of an applicable franchise and the provisions of Title 4 FWRC. Section 6. Chapter 19.255 FWRC is hereby repealed in its entirety. Section 7. Title 19 of the Federal Way Revised Code Municipal Code is hereby amended to add a new Chapter 19.255 FWRC to read as follows. CHAPTER 19.255 WIRELESS COMMUNICATION FACILITIES 19.255.010 Introduction and exemptions. Page 12 of 30 Ordinance No. 17- (1) This chapter is intended to provide a regulatory structure which acknowledges telecommunication service providers' rights and obligations under federal law. This chapter provides standards for the review of applications to install Wireless Communication Facilities ( "WCFs ") outside of the public right -of -way and to consider design standards for new and replacement structures in the public right -of -way as well as significant deviations from designs approved pursuant to the franchising and right -of -way use approvals established by Chapter 4.25 FWRC. The provisions of this chapter shall be interpreted and applied in a manner consistent with state and federal law. (2) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter and shall be permitted in all zones consistent with the applicable development standards outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations: (a) WCFs used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance Generally; 19.110.060, Exceptions; and 19.110.070 R. Rooftop Appurtenances — Required Screening. (c) Citizen band radios or antennas operated by federal licensing amateur ( "ham ") radio operators; provided such antennas comply with all applicable provisions of (d) Satellite dish antennas less than two meters in diameter, including direct -to -home satellite services, when used as secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050; Compliance Generally; 19.110.060, Exceptions; and 19.110.070 Rooftop Appurtenances — Required Screening. (e) Automated meter reading ( "AMR ") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length; so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the City. (f) Routine maintenance or repair of a personal wireless service facility and related equipment excluding structural work or changes in height, dimension, or visual impacts of the antenna, tower, transmission equipment, equipment cabinet and/or transmission equipment; provided, however, that compliance with the standards of this Title is maintained. See Chapter 4.24 FWRC for procedures related to Eligible Facilities Request. (g) Equipment cabinet additions or upgrades within existing equipment structures or buildings so long as there is no material expansion of the equipment enclosure or building, or change to the improved design or concealment element plan for the WCFs. See Chapter 4.24 Eligible Facilities Requests. 19.255.020 Definitions. For the purposes of this chapter as well as Chapters 4.23 and 4.24 FWRC, the following terms Page 13 of 30 Ordinance No. 17- shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapters 4.22 and 19.05 FWRC: (1) "Antenna ": any exterior apparatus designed for telephonic, radio, data, internet or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, pole, light standard, building or other structure for the purpose of providing wireless services. (2) "Antenna height ": the vertical distance measured from average building elevation to the highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater. (3) "Approved small cell facility ": Any small cell facility that has received all required permits. (4) "Base Station ": A structure or equipment at a fixed location that enables FCC - licensed or authorized personal wireless service between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base Station includes, without limitation: (a) Equipment associated with personal wireless service services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (b) Radio transceivers, antennas, coaxial or fiber -optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ( "DAS ") and small cell networks). (c) Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in subparagraphs (a) and (b) above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subparagraph (a) and (b) above. (5) "Collocation ": The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. Page 14 of 30 Ordinance No. 17- (6) "Concealment elements ": Transmission facilities designed to look like some feature other than a wireless tower or base station or which minimizes the visual impact of an antenna by use of nonreflective materials, appropriate colors, and/or a concealment canister. (7) "Eligible Facilities Request ": Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (a) Collocation of new transmission equipment; (b) Removal of transmission equipment; or (c) Replacement of transmission equipment. (8) "Eligible support structure ": Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City. (9) "Equipment structure ": A facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing personal wireless service signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. (10) "Existing ": A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. (11) "Microcell ": Shall be defined in accord with RCW 80.36.375. (12) "Minor facility ": Shall be defined in accord with RCW 80.36.375. (13) "Service provider ": Shall be defined in accord with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. (14) "Small cell ": Shall mean "small cell facility." (15) "Small cell facility" and "small cell network ": Shall be defined in accord with RCW 80.36.375. (16) "Substantial Change ": A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (a) For towers other than towers in the public rights -of -way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with Page 15 of 30 Ordinance No. 17- separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than ten feet, whichever is greater; (b) For towers other than towers in the public rights -of -way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (c) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights -of -way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre- existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; (d) It entails any excavation or deployment outside the current site; (e) It would defeat the concealment elements of the eligible support structure; or (f) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified above. (17) "Telecommunications service ": Shall be defined in accord with RCW 35.99.010. (18) "Tower ": Any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless service services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. (19) "Transmission equipment ": Equipment that facilitates transmission for any FCC - licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber -optic cable, and regular and backup power supply. The term includes equipment associated with personal wireless service services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (20) "Undergrounded areas ": Public rights -of -way in which wireline utilities have been located or relocated underground. Page 16 of 30 Ordinance No. 17- (21) "Utility pole ": A structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. 19.255.040 Federal regulatory requirements. The following requirements shall apply to both small cell deployments in the right -of -way and personal wireless service facilities installed outside of the public right -of -way as well as small cell facilities which do not substantially comply with prior approvals by franchise or the structures provided by Chapter 4.23 FWRC. (1) Eligible Facilities Requests as defined in Section 19.255.030(7) FWRC shall be processed in accordance with the time limits established by Chapter 4.24 FWRC. (2) These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any small cell facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. See FWRC 4.23.020(6). (3) WCFs shall be subject to the following requirements of this Code to the extent that such requirements (i) do not unreasonably discriminate among providers of functionally equivalent services, and (ii) do not have the effect of prohibiting personal wireless services within the City. 19.255.050 Small cell deployment. Small cell deployment includes small cell facilities and small cell networks. The following provisions establish design and concealment standards for personal wireless services and in appropriate situations, criteria for the establishment of standards for small cell deployments; provided, however, that any small cell, microcell, or small cell network component that is not exempt from SEPA review shall comply with Title 14 FWRC. 19.255.060 Existing utility poles in areas other than Design Zones and Undergrounded Areas. Eligible small cell facilities in areas other than Design Zones and Undergrounded Areas opting in under the concealment provisions in FWRC 4.23.030(3) and 19.255.070 shall be considered to have satisfied the design and concealment standards when installed on existing utility poles. 19.255.070 Small cell deployments on existing utility poles not approved pursuant to a franchise. Small cell deployments on existing utility poles that have not been approved as an exhibit to a franchise or as a minor deviation thereto, shall comply with these provisions. The installation of new utility poles or towers in the public rights -of -way is prohibited except as provided in FWRC 19.255.160. Except to the minimum extent necessary to fulfill its technological purpose, all antennas and supporting structures shall be concealed within a canister of the smallest possible Page 17 of 30 Ordinance No. 17- dimension and volume necessary to house the antenna structure or in the alternative within a spatial volume of the same dimension. The small cell facility shall, to the full extent permitted under the state electrical code and the utilities' requirements be flush - mounted on the utility pole; provided, however, if the utility which owns the pole prohibits the location of a flush - mounted small cell facility within the communication zone, the antenna portion of the small cell facility may be located on the top of the pole. In that event, up to ten (10) feet in height over the existing pole height or the height of a replacement pole as approved herein is permitted. The Director shall consult with the owner of the utility pole and applicant to determine the minimum height extension required for installation of the antenna. 19.255.080 Ground - mounted equipment; ADA compliance required. In areas of the city in which have been undergrounded, (Undergrounded Areas), in Design Zones, and where necessary to permit full use of the public right -of -way by pedestrians, bicycles and other users, all ground- mounted equipment shall be undergrounded in a vault meeting the city's construction standards. The location of ground- mounted equipment (to the extent undergrounding such equipment is not technologically feasible), a replacement pole and/or any new pole shall comply with the Americans with Disabilities Act ( "ADA "), city construction standards, and State and federal regulations in order to provide a clear and safe passage within the public right -of -way. 19.255.090 Replacement utility pole — street lighting. With the express permission of the city, a replacement utility pole or a new utility pole may be permitted in the form of a new street light standard. The design of the street light standard shall be in accordance with adopted city construction standards. Replacement utility poles /street light standards located within a Design Zone shall conform to the adopted streetscape design standard for the Design Zone. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard. 19.255.100 Undergrounded Areas. It is the stated policy of the City that utilities shall be underground. See, e.g., 19.135.180 FWRC. Accordingly, new utility poles in Undergrounded Areas shall be considered as major impact Personal Wireless Service Facilities and may be installed only in accord with FWRC 19.255.160. 19.255.110 Designated Design Zones. Design Zones. The following zones are designated as Design Zones for the purpose of the application of the provisions of Chapters 4.23, 4.24, and 19.255 FWRC: (1) City Center Core (CC -C) (2) City Center Frame (CC -F) Page 18 of 30 Ordinance No. 17- (3) Designated Historic Preservation Districts. The City Council is reviewing this application and this designation is accordingly reserved for future use. 19.255.120 Review of personal wireless service facilities other than small cell deployments. All other Wireless Communication Facilities shall be reviewed pursuant to the following provisions, FWRC 19.255.130 et seq. 19.255.130 New or Personal Wireless Service Facilities; replacement utility poles and monopoles. Monopoles, as well as new wireless communication facilities outside of the public rights -of -way, including replacement poles, which are not exempt from SEPA review, shall be processed under the following provisions as Process III applications. See Chapter 19.75 FWRC. 19.255.140 Replacement poles, new poles, and Undergrounded Areas or Design Zones. Replacement poles over forty -five feet in height, new poles, and small cell facilities to be constructed in any Undergrounded Area or Design Zone are permitted only when the applicant establishes that: (1) The small cell facility cannot be located on an electrical transmission tower or on a site outside of the public right -of -way such as a public park, public property, or on a non - residential use in a residential zone, whether by roof or panel- mount, or separate structure; and (2) The proposed facility complies with an approved Concealment Element Plan for an Undergrounded Area or Design Zone; and (3) The proposed facility complies with critical areas requirements and SEPA; and (4) For a new utility pole in the public rights -of -way, that a site - specific agreement exists to locate the new utility pole. 19.255.150 Concealment Element Plan. (1) Concealment Element Plan required. Applications for proposed installations in Undergrounded Areas and Design Zones which deviate from existing City design standards (or if the City has not created a design standard for that particular district zone area) shall be required to submit a Concealment Element Plan. Such plan shall include the design of the screening, fencing, or other concealment technology for a base station, tower, utility pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility, including but not limited to fiber and power connections. Page 19 of 30 Ordinance No. 17- (2) Purpose of Concealment Element Plans, generally. Concealment Element Plans should seek to minimize the visual obtrusiveness of installations using methods including, but not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture —or the appearance thereof —as the surface against which the installation will be seen or on which it will be installed. Other concealment element approaches may include, but not be limited to, use of architectural concealment products, fencing or screening materials, and where appropriate, landscape design, or any other camouflage strategies appropriate for the type of installation. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, street sign, or other applicable concealment structure may be approved. The Director shall apply this section, as well as all design guidelines applicable in the Undergrounded Area or Design Zone in which an installation is proposed. (3) Review of Concealment Element Plan for non - substantial change collocations. Where a proposed collocation does not constitute a substantial change, a Concealment Element Plan shall be subject to review under Process I, Chapter 19.155 FWRC to ensure the proposed collocation does not defeat the concealment features approved as part of the initial installation at that location. (4) Review of Concealment Element Plan for initial installations and substantial change collocations. For initial installations and substantial change collocations in Undergrounded Area and Design Zones, the Director shall conduct an administrative review of Concealment Element Plans for compliance with this section and all applicable City design guidelines under Process III, Chapter 19.65 FWRC. (5) Major Impact Personal Wireless Service Facilities. The Concealment Element Plan for a major impact Personal Wireless Service Facility shall conform to FWRC 19.255.160, et seq. 19.255.160 Major Impact Personal Wireless Service Facilities. A major impact personal wireless service facility ( "Major PWSF ") includes all larger scale Personal Wireless Service Facilities ( "PWSF ") located outside of the public right -of -way and are not permitted by the processes established in FWRC 19.255.010 –.150. Such facilities include monopoles, lattice towers, micro and macro cells, roof mounted and panel antennas and other similar facilities unless defined as Eligible Facilities Requests subject to Chapter 4.24 FWRC. New poles within the public rights -of -way are also subject to review under these provisions. See FWRC 19.255.100. The following sites shall be the required order of location for proposed Major PWSFs, including antenna and equipment structures. In proposing a Major PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed Major PWSF in each of the higher priority locations and document, to the city's satisfaction, why locating the Major PWSF in each Page 20 of 30 Ordinance No. 17- higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for Major PWSFs are as follows: (1) Structures located in the BPA trail. A Major PWSF may be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration ( "BPA ") Power Lines regardless of underlying zoning. (2) Existing broadcast, relay and transmission towers. A Major PWSF may be located on an existing site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing site or tower is located within a one -mile radius of a proposed Major PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (3) Institutional structures. If the city, institutional uses, or other public agency consents to such location, a Major PWSF may be located on existing structures, such as water towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within all zoning districts, provided the public facilities are not located within public rights -of -way. (4) Appropriate zoning districts. A Major PWSF may be located on private buildings or structures within nonresidential zoning districts as allowed by the zoning chart. (5) If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a Process III review using the applicable test: (a) Does the facility close a gap in service; and (b) Does the facility use the least intrusive means to do so? 19.255.170 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: (1) Building- or structure- mounted PWSFs on existing buildings or structures outside of the public right -of -way. PWSFs mounted on existing buildings and structures shall conform to the following development standards: (a) The Major PWSF shall consist only of the following types of facilities: (i) A microcell or a minor facility (small cell facilities are regulated pursuant to Title 4 FWRC except as provided); or Page 21 of 30 Ordinance No. 17- (ii) A Major PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the Director, subject to meeting all of the following standards: (A) The facility shall utilize the least intrusive means of closing a significant gap available; B) The equipment cabinet for the Major PWSF shall meet all requirements of subsection (4) of this section; and (C) The maximum size of the Major PWSF panels and number of antennas shall be determined by the Director, based on the specific project location, surrounding environment, and potential visual impacts; and (D) The Major PWSF shall comply with all other applicable standards of the Federal Way Revised Code. (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions. (c) The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, utilize a Concealment Element Plan FWRC 19.255.150. (d) —It is the applicant's responsibility to prove that the maximum size of the Major PWSF panels and number of antennas is the minimum size necessary. The maximum size of antennas to be located on existing structures in a public right -of -way shall be two feet in diameter for parabolic antennas, eight feet in height for panel antennas, and 15 feet in height for whip antennas. (e) Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground on properties adjacent to the public right -of -way shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. Page 22 of 30 Ordinance No. 17- (2) New Freestanding Major PWSFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards: (3) (a) Placement of a freestanding Major PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. (c) In no case shall a freestanding Major PWSF be located closer than 500 feet to an existing freestanding Major PWSF whether it is owned or utilized by the applicant or another provider. (d) A freestanding Major PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding Major PWSFs shall be 20 feet for front, side, and rear yards. (e) Freestanding Major PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the total Major PWSF blends into the background with increased distances. (f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (g) Support structures, antennas, and any associated hardware, including equipment cabinets, shall conform to a Concealment Element Plan, FWRC 19.255.150. Standards for electronic cabinets. Electronic cabinets shall either: (a) Be placed in a new or existing completely enclosed building. It is the applicant's responsibility to prove that the maximum size of the building is the minimum size necessary to house the equipment; or Page 23 of 30 Ordinance No. 17- (b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's responsibility to prove that the maximum size of the building is the minimum size necessary to house the equipment. If the equipment cabinet is located within a new enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (4) Standards for equipment enclosures. (a) Electronic equipment enclosures shall not be allowed within the right -of -way, except for small cell facilities. (b) In residential zones, equipment enclosures located above ground on properties adjacent to the public right -of -way shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlying zone, as determined appropriate by the Director of Community Development, the equipment enclosure can be located inside of the 20 -foot setback but outside of the required landscaping buffer of the underlying zone. (c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right -of -way and adjacent properties. (d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (e) Equipment enclosures and screening shall not adversely impact vehicular sight distance. (5) Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain -link fences shall be painted or coated with a nonreflective color. Page 24 of 30 Ordinance No. 17- (6) Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely affect the visual character of the city. (7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of provider. (8) Use zone charts, height and permit process. (a) Except for approval of new poles in the public rights -of -way, the final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. New pole requests in the public rights -of -way shall be reviewed pursuant to Process III, Chapter 19.64 FWRC, and are not land use actions subject to review under Chapter 36.70 RCW. (b) Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations. 19.255.180 Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows: (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply. 19.255.190 Temporary personal wireless service facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell -on- wheels, may be deployed and operated as follows: (1) For a period of 90 days during the construction of a freestanding PWSF which has been approved through the appropriate permit process; provided, that the temporary personal wireless service facility or cell -on- wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell -on- wheels shall be permitted for a single site. Page 25 of 30 Ordinance No. 17- (2) For a period of time determined to be appropriate by the director of community development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate permit process to become involuntarily nonoperational; provided, that the temporary personal wireless service facility or cell -on- wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the Director of Community Development in order to guarantee performance of future removal and restoration of the site. 19.255.200 Application requirements. (1) Except for temporary personal wireless facilities, permit applications made under this Chapter shall include the following minimum information in addition to that required for the underlying permit review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Photo - simulations of the proposed facility from affected properties and public rights -of -way at varying distances. These photo simulations should include examples of camouflage and stealth installation options. (c) Architectural elevations of proposed facility and site. (d) A coverage chart of the proposed Major PWSF at the requested height and an explanation of the need for that facility at that height and in that location. (e) An inventory of other Major PWSF sites operated by the applicant or other providers within a one -mile radius of the proposed PWSF location. (f) A site /landscaping plan showing the specific placement of the Major PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. (g) If the Major PWSF electronic equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. (h) Documentation of efforts to collocate on existing facilities. (i) The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, Page 26 of 30 Ordinance No. 17- studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Permit applications for temporary personal wireless service facilities shall include the following minimum information: (a) Documentation of previously permitted facility. (b) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Photographs of the proposed facility. 19.255.210 Collocation. (1) A permittee shall cooperate with other PWSF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. (2) A signed statement indicating that the applicant agrees to allow for the potential collocation of additional Major PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. (3) Collocation requirements shall not apply to Major PWSFs located in the public rights -of- way. 19.255.220 Removal of facility. (1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a Major PWSF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the Major PWSF is abandoned. The abandoned Major PWSF shall be removed by the facility owner within 90 days of the date the Major PWSF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual Page 27 of 30 Ordinance No. 17- impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (2) Partial abandonment and removal. If the abandoned antennas on any Major PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the Major PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned Major PWSF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the Major PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the Major PWSF. If another service provider is not added to the Major PWSF within the allowed 120 -day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure that exceeds the point at which the highest operational antenna is mounted. (3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in FWRC 1.15.010. 19.255.230 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other Major PWSF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; (6) Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices; and (7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. Section 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of Page 28 of 30 Ordinance No. 17- this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Effective Date. For the Findings of Fact required pursuant to RCW 35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above. In addition, the City Council declares that an emergency exists that makes this ordinance necessary for the immediate protection of the public health, public safety, public property, or public peace. Failure of the City to adequately provide for review of small cell and other wireless communication facilities and correct conflicts between its code and the preemptive federal shot clock could deprive the City of its regulatory authority regarding certain wireless communication facilities; therefore, this ordinance shall become effective immediately upon passage as provided in RCW 35A.12.130. PASSED by the City Council of the City of Federal Way this day of , 20 . Ordinance No. 17- CITY OF FEDERAL WAY: JIM FERRELL, MAYOR Page 29 of 30 ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 30 of 30 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to small cell deployments, franchising, and small cell permits in the City's rights -of -way and federally required review periods; amending Chapter 4.22 and adding new Chapters 4.23 and 4.24 FWRC; and establishing an effective date. (Amending Ordinance No. 17 -833) WHEREAS, Title 4 of the Federal Way Revised Municipal Code addresses franchise procedures; and WHEREAS, the deployment of small cells in the public right -of -way is a matter of importance to the City as the steward of the public rights -of -way; and WHEREAS, the deployment of small cell facilities is necessary to provide the coverage which the citizens of the City require in order to carry on their personal and private business; and WHEREAS, the Federal Communications Commission as well as federal law has established presumptively reasonable time limits known as "shot clocks" pursuant to regulations such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and WHEREAS, federal and state law set time limits on the processing of applications for aspects of small cell deployment including franchising, permitting and eligible facilities requests; and WHEREAS, the City Council deems it to be in the public interest to amend both its franchising provisions to expedite the franchising and deployment of small cells in conjunction with revisions to its zoning code and specifically Chapter 19.255 FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 17- Page 1 of 12 Rev 3/17 Section 1. FWRC 4.22.050 is hereby amended to read as follows: .! , previded -abeam 4.22.050 Completeness for franchise and small cell applications. Completeness for Franchise and Small Cell Applications. The Director shall review an application for completeness and notify the applicant within thirty (30) days of submission whether the application is complete., provided, however, that an applicant may consent to a different completeness review period. The notification shall generally outline the information that the applicant has failed to provide or which must be supplemented in order to comply with the terms of this chapter and the application form established by the Director. A service provider may resubmit an incomplete application within sixty (60) days of notice by the Director. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. An applicant shall be notified in writing of the approval or denial of the application. No application shall be deemed complete without the fee deposit set by the Director. The time periods established in FWRC 4.22.060 shall not commence until the city has received a completed application and fee deposit and shall be tolled if the applicant fails to supply a supplemented fee deposit as provided above. Section 2. Chapter 4.22 of the Federal Way Revised Code is hereby amended to add a new section 4.22.055 to read as follows: 4.22.055 Public comment. The city shall provide notice of a complete application for a franchise on the City's website with a link to the franchise application. This notice requirement shall also apply to existing franchisees applying for a Small Cell Permit for small cell deployment. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public's information and are neither hearings nor part of any land use appeal process. Ordinance No. 17- Page 2 of 12 Rev 3/17 Section 3. Title 4 of the Federal Way Revised Municipal Code is hereby amended to add a new Chapter 4.23 to read as follows: Chapter 4.23 SMALL CELL DEPLOYMENT: FRANCHISE AND SMALL CELL PERMITS 4.23.010 Overview. (1) In order to manage its right -of -way in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City of Federal Way while complying with the requirements of state and federal law, the city has adopted this process for the deployment of small cell technology. Service providers who seek to utilize the public right -of -way for small cell deployment in order to provide personal wireless service, data transmission, or other related services to the citizens of the city must have a valid franchise to provide the specific service seeking to utilize the right -of- way and a Small Cell Permit to deploy that technology. Entities with franchises who wish to utilize a small cell deployment to upgrade or expand their existing services shall utilize the processes set forth in this ordinance and implementing Small Cell Permits to deploy their technology and obtain design approval of specific installations. The Small Cell Permit process administers deployment under the franchise. An entity without a franchise shall apply for a franchise and adjunct Small Cell Permit pursuant to Chapter 4.22 FWRC, which shall be processed concurrently as one Master Permit within the meaning of RCW 35.99.010(3) and 35.99.030. For entities with a valid franchise, see FWRC 4.23.020. (2) Nothing in this ordinance revises or diminishes the rights and obligations of an existing franchise. (3) The term "small cell deployment" shall include the deployment of small cell facilities and small cell networks as those terms are defined by RCW 80.36.375. Small cell deployment elements that require SEPA review may utilize these processes only in conjunction with SEPA review. (4) See Chapters 4.22, 19.05, and 19.255 FWRC for the definition of terms not specified in this Chapter. 4.23.020 Application. Applicants for Small Cell Permits shall apply in accordance with the provisions of Chapter 4.22 FWRC for franchise applications. The Director of Public Works ( "Director ") is charged with administration of small cell deployments and other personal wireless service review processes established under Chapters 4.23 and 19.255 FWRC. Service providers seeking to utilize the city's right -of -way for small cell deployments shall specify geographic boundaries for the small Ordinance No. 17- Page 3 of 12 Rev 3/17 cell deployment described in the application. The applicant may designate the entire city at its discretion or any portion thereof as the franchise area. Phased development is permitted and an applicant is encouraged to specify at least the initial small cell deployment in its application. The following additional information shall be provided by all applicants for franchises seeking to utilize small cell deployment. Existing franchisees who seek to utilize a small cell deployment to expand, assist, or implement an existing franchise may provide the information as a part of a Small Cell Permit application for small cell deployment. (1) Designation of Facilities. The application shall provide specific locational information including GIS coordinates of all facilities, and specify whether and where small cell facilities are to be located on existing utility poles including city -owned light standards included in the definition of utility pole, or will utilize replacement utility poles, new poles, towers, and/or other structures. Conduit and/or ground - mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider. Detailed schematics and visual renderings of the facilities shall be provided by the applicant. Failure to provide sufficient detail may result in a later finding of a significant change in the facility if significant elements of the facility were not shown on the originally approved franchise exhibit. Failure to include significant elements may also result in the requirement that new or undocumented elements complete the approval processes detailed in this Chapter and in Chapter 19.255 FWRC. (2) Implementation; Small Cell Permits. The rights granted under the franchise are implemented through the issuance of Small Cell Permits. The franchise application, required under Chapter 4.22 FWRC, may be accompanied by one or more applications for a Small Cell Permit to deploy small cells. An initial franchise and all related Small Cell Permit applications shall be processed concurrently as one Master Permit. (a) Up to thirty (30) sites may be specified in one Small Cell Permit application for processing. The Director may approve up to five (5) additional sites in order to consider small cell sites within one logical service area in one application (b) Issuance of a Small Cell Permit to install a small cell deployment shall be contingent upon approval of a franchise under Chapter 4.22 FWRC, or the possession of a valid franchise. (c) If more than one application for a Small Cell Permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All Small Cell Permits which are submitted in conjunction with a franchise application shall be considered as one Master Permit. RCW 35.99.010(3). Ordinance No. 17- Page 4 of 12 Rev 3/17 (i) PROVIDED, HOWEVER, that an applicant with an existing franchise may, at the applicant's sole discretion, elect to utilize the expedited review process set forth in FWRC 4.23.100. (ii) Any element of a deployment that qualifies as either an Eligible Facilities Request or a collocation shall be specifically designated by the applicant and may be addressed separately by the Director in order to comply with the shot clocks established by federal law and Chapter 4.25 FWRC. (iii) The Director may approve, deny, or conditionally approve all or any portion of the sites proposed in the Small Cell Permit application. (iv) Any application for a franchise or Small Cell Permit that contains an element that is not exempt from SEPA review, shall simultaneously apply under Chapter 43.21C RCW and Title 14 FWRC. See also FWRC 19.255.130. (v) RF Certification. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility and associated wireless backhaul will operate. An existing franchisee applying for a Small Cell Permit for small cell deployment shall provide an RF certification for all facilities included in the deployment which are to be installed by the Franchisee. If facilities necessary to the Small Cell Deployment are to be provided by another franchisee, the Use Permit to deploy such facilities shall be contingent on submittal of an RF Certification by the other franchisee for such facilities, if such facilities will emit RF emissions, this RF Certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements. (vi) Regulatory Authorization. Issuance of the Use Permit for the facilities shall also be contingent upon the applicant's provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. 4.23.030 Review process. The following provisions relate to applications for a franchise or Small Cell Permit for small cell deployments: (1) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. § 253 and 47 U.S.C. § 332 and applicable case law. Applicants for franchises and the Small Cell Permits which implement the franchise shall be treated in a competitively neutral and non - discriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent, that is, service providers Ordinance No. 17- Page 5 of 12 Rev 3/17 whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Franchise and Small Cell Permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. (2) Concealment. In any zone not designated by FWRC 19.255.110 for design review ( "design review "), upon application for a Small Cell Permit or for facilities designated within a franchise, the City will permit small cell deployment on existing utility poles conforming to the City's generally applicable pole design standard adopted pursuant to FWRC 19.255.070. Accordingly, small cell facilities installed pursuant to this concealment authorization may not be expanded pursuant to an Eligible Facilities Request. (3) Concealment Element Plan. Small cell deployment in Design Zones and Undergrounded Areas, as well as certain new or replacement facilities, are subject to development of a Concealment Element Plan. See 19.255.150 FWRC. 4.23.040 Facilities designated in the franchise and /or Small Cell Permit application. Small cell deployments may be approved by reference to exhibits in an approved franchise. Approval of the franchise shall be deemed to approve the site and the design of small cell facilities set forth in the franchise. This approval is limited to the specific location, facility, and design elements shown on the exhibits to the franchise. Any element not shown on an exhibit must be approved by the governing review processes listed in FWRC 4.25.060 and FWRC 4.25.070 and, when applicable, Chapter 19.255 FWRC. All facilities shall comply with the concealment standards adopted by the City in FWRC 4.23.030 and FWRC 19.255.150. An existing franchisee may, at its option: (1) Apply to amend the existing franchise to designate sites for small cell deployment, as well as approve the small cell facilities to be installed and the concealment measures to be utilized; and/or (2) Apply for a Small Cell Permit which shall include: (a) Small cell facilities to be installed on existing utility poles, utilize the concealment option provided in FWRC 4.23.030(2); and/or (b) Small cell facilities that comply with generally applicable objective design standards adopted by the City in Chapter 19.255 FWRC; and/or (c) Small cell facilities for replacement poles, new utility poles, or installations in a Design Zone or Undergrounded Areas, utilize the design approval procedures set forth in Chapter 19.255 FWRC. Ordinance No. 17- Page 6 of 12 Rev 3/17 4.23.050 Small Cell Permit and minor deviations. (1) The Director shall review applications for Small Cell Permits for small cell deployments approved by a franchise or described in a concurrent franchise application. The Director shall utilize the procedures established for Process I review in Chapter 19.55 FWRC. The Director may authorize minor deviations in the Small Cell Permit from the dimensional design and concealment technologies referenced in the exhibits to the franchise or design standards. (2) A deviation in height of the pole of up to ten (10) feet above the height established for the zoning district, by the franchise or from a design approved for a Design Zone, may be permitted. (3) Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennae on a pole, not to exceed a cumulative total of six (6) cubic feet shall be considered a minor deviation; provided, however, that in each instance the new or revised facilities do not defeat the concealment features set by the city's generally applicable pole design standard adopted pursuant to the franchise, Chapter 19.255 FWRC, and/or as a concealment element under FWRC 19.255.150. (4) Small Cell Permits to install facilities including approval of minor deviations shall be processed within ninety (90) days of receipt of a complete application and final approval of a franchise, whichever occurs last. (5) The decision of the Director to approve a Small Cell Permit with a minor deviation, if any, shall be final and is not subject to appeal under City code or further legislative review. 4.23.060 Significant deviations. Any request for significant deviations from the approved small cell facilities design designated in the franchise, Small Cell Permit or City's design standards shall be considered under the provisions of Chapter 19.65 FWRC, Process III pursuant to the timelines established in Chapter 4.25 FWRC. An applicant seeking approval of a new pole or a replacement pole in a Design Zone designated by FWRC 19.255.110 or Undergrounded Areas shall be subject to the same Process III review and timeline. 4.23.070 Personal wireless service facility and small cell deployment facility approvals and processes. Approval of a franchise, Small Cell Permit and/or other approval referenced in this chapter are conditioned on the following requirements: (1) Satisfy applicable bulk requirements such as noise and light regulations. Ordinance No. 17- Page 7 of 12 Rev 3/17 (2) Comply with adopted design and concealment standards, applicable to replacement utility poles and new utility poles in a Design Zone or Undergrounded Areas. (3) Obtain the written approval of the owner of any utility pole for the installation of its facilities on such utility pole. Approval of a franchise does not authorize attachment to city - owned utility poles or other structures. (4) Unless specifically provided for in a franchise, obtain a lease from the city to utilize the city's ground space for the installation of any new pole, a replacement utility pole over sixty (60) feet, or to locate any new ground based structure, base station, or other attendant equipment on city right -of -way or city property; (5) Comply with all city construction standards and state and federal codes when operating in the right -of -way and obtain a required permit to enter the right -if -way. (6) A franchise which includes a facility that is not exempt from SEPA review shall be processed in accord with the provisions of Title 14 FWRC. (7) Small Cell facilities approved pursuant to this chapter shall be considered as an outright permitted use when located within the right -of -way. 4.23.080 Additional review procedures. Personal wireless service facilities in Design or Shorelines Management Zones, Undergrounded Areas or Environmentally Critical Areas are subject to review as provided in Title 14 FWRC and Chapters 19.255 and 19.145 FWRC. 4.23.090 Expedited review. An applicant, at its option, may opt for expedited review. Absent such a request, the city will process applications on a first -come, first - served basis, taking into account its resources and the federal shot clocks incorporated by Chapter 4.24 FWRC. An applicant requesting expedited review may select a third -party consultant from a list established by the city through requests for qualifications or may propose an independent reviewing entity for review by the city. Such entity shall be engaged pursuant to a third -party contract. The applicant shall be responsible for paying all costs incurred in the expedited review process. Nothing herein shall be deemed to require an applicant to utilize expedited review. 4.23.100 Compliance with state processing limitations. Review of franchise and Small Cell Permits shall comply with the provisions of RCW 35.99.030. Applications shall be reviewed, completeness determined, and the timeframe tolled as provided in this Chapter and Chapters 4.22 and 4.24 FWRC. Ordinance No. 17- Page 8 of 12 Rev 3/17 Section 4. Title 4 of the Federal Way Revised Municipal Code is hereby amended to add a new Chapter 4.24 to read as follows: 4.24.010 Purpose. Congress and the Federal Communications Commission ( "FCC ") have, pursuant to the authority granted by 47 U.S.C. § 253(c) and 47 U.S.C. § 332(a), required local governments to act on personal wireless service facility applications within a reasonable period of time and have established time limits or "shot clocks" for local review. The Washington State Legislature has also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the city adopts the following time limits for review of applications for Eligible Facility Requests, Small Cell Permits, and other approvals for service providers of telecommunication services whether reviewed pursuant to Title 4 or Chapter 19.255 FWRC. 4.24.020 Eligible Facilities Request; Application and Review. (1) Application Review. (a) Application. The Community Development Director ( "Director ") shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. (b) Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this Chapter, the Director shall review such application to determine whether the application qualifies as an Eligible Facilities Request. (c) Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this Chapter, the Director shall approve the application unless it determines that the application is not covered by this Section as an Eligible Facilities Request. (d) Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Director and the applicant or in cases where the Director determines that the application is incomplete. The timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of applications. (i) To toll the timeframe for incompleteness, the Director shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. Ordinance No. 17- Page 9 of 12 Rev 3/17 (ii) The timeframe for review begins running again when the applicant makes supplemental submission in response to the Director's notice of incompleteness. (iii) Following a supplemental submission, the Director will notify the applicant within ten (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 sub - section. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. (2) Determination That Application Is Not an Eligible Facilities Request. If the Director determines that the applicant's request does not qualify as an Eligible Facilities Request, the Director shall deny the application. To the extent additional information is necessary, the Director may request such information from the applicant to evaluate the application under other provisions of this Chapter and applicable law. (3) Failure to Act. In the event the Director fails to approve or deny a request for 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 Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (4) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. 4.24.030 Collocation. Collocations other than those within the definition of an Eligible Facilities Requests shall be processed within ninety (90) days of receipt of a complete application. The Director will notify the applicant within thirty (30) days of receipt of an application whether it is complete or if additional information is required. The term collocation shall not apply to the initial placement of a small cell facility on a utility pole or on any other base station or tower that was not constructed for the sole or primary purpose of an FCC licensed antenna and their associated facilities. See FWRC 19.255.020. 4.24.040 New Personal Wireless Service Facilities. Applications for new personal wireless service facilities not subject to RCW 35.99.030 shall be processed within 150 days of receipt of a complete application. The Director will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or Ordinance No. 17- Page 10 of 12 Rev 3/17 phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK Ordinance No. 17- Page 11 of 12 Rev 3/17 APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 12 of 12 Rev 3/17 COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 2018 CITY OF FEDERAL WAY LEGISLATIVE AGENDA POLICY QUESTION: N/A — Discussion only COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing 111 City Council Business ❑ Resolution ® Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: On an annual basis, the City of Federal Way produces a legislative agenda to affect legislation and regulations as they relate to the interest of the city and its residents. Legislative priorities will define areas of interest for the city for the upcoming 2018 session and is intended to guide the City's lobbying activities. Priorities may focus on the areas of potential legislation and project funding requests, transportation, economic development and fiscal health, and public safety. Following this discussion, a draft 2018 Legislative Agenda will be presented to City Council for action at the December 5, 2017 Regular Meeting. Options Considered: 1. Discuss and give guidance on drafting the 2018 City of Federal Way Legislative Agenda. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: N/A Committee Council / Initial /Date Initial /Date / ITY CLERK APPROVAL: 7 7 I 'tial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A — presentation only (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 RESOLUTION #