ORD 20-890 - Extending Small Wireless Telecom Facilities Interim Land Use 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
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