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ORD 20-890 ORDINANCE NO. 20-890 AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption and extension 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, which were adopted pursuant to Ordinance No. 19-862. (Amending Ordinance Nos. 19-862, 18-850; 15-804; 15-797; 13-754; 11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43 and 19-862). WHEREAS, the City of Federal Way has the authority to adopt interim land use regulations pursuant to RCW 35A.63.220; and WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was amended pursuant to Ordinance 19-862 adopting interim zoning regulation regarding telecommunications facilities effective January 9, 2019; and WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") governing small wireless facilities that impose limitations on the processing of all permits associated with the deployment of small wireless facilities; and WHEREAS, the FCC Order requires the City to adopt aesthetic standards for such deployments and to utilize a consolidated process emphasizing administrative review in order to comply with federal safe harbors or presumptively reasonable time limits for review; and WHEREAS, Ordinance No. 19-862 was enacted in part to address the requirements of FCC regulatory orders; and WHEREAS, the Federal Order imposed significant constraints on the exercise of local authority as well as procedural requirements; and WHEREAS, the FCC Order has been the subject of multiple appeals consolidated before the Federal Ninth Circuit Court of Appeals; and Ordinance No. 20-890 Page 1 of 4 WHEREAS, FCC issued its Declaratory Ruling and Notice of Proposed Rulemaking (RM-11849) ("FCC Rules") on June 10, 2020 further addressing local agencies abilities to regulate small wireless facility design and modifications; and WHEREAS, The City's adoption of interim regulations provides a structural framework and aesthetic standards for wireless communication facilities; and WHEREAS, the City Council deems it to be in the public interest to delay final consideration of its interim regulations until further review can be completed of the recent "FCC Rules"; and WHEREAS, RCW 36.70A.390 permits the City to extend the interim regulations for additional six-month periods if a subsequent public hearing is held; and WHEREAS, a public hearing was held before the City Council on July 21, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. 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. Section 2. Ordinance Extension. Ordinance 19-862 is hereby extended for an additional six months effective July 9, 2020. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of 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. Ordinance No. 20-890 Page 2 of 4 Section 4. 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 S. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. The Council finds that this interim regulation is for a public emergency, necessary for the protection of public health, public safety, public property, or the public peace, and for the immediate support of City government, and is not subject to initiative or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall be retroactively effective on July 9. 2020, and be in full force immediately upon adoption. PASSED by the City Council of the City of Federal Way this 21st day of July,2020. [Signature page follows] Ordinance No. 20-890 Page 3 of 4 CITY OF FEDERAL WAY: ,II .f`� ERkEL. MAYOR ATTEST: /Vold STP ANIE COURTNEY, , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 07/16/2020 PASSED BY THE CITY COUNCIL: 07/21/2020 PUBLISHED: 07/24/2020 EFFECTIVE DATE: 07/09/2020 ORDINANCE NO.: 20-890 Ordinance No. 20-890 Page 4 of 4