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21-101703-Statement of Code Compliance-ATTCH_2-SC2064 Redondo Beach-04-28-2021-V1STATEMENT OF CODE COMPLIANCE Wireless Communication Facility (SCF) Process II Application AT&T (SC2064 Redondo Beach) Submitted to the City of Federal Way, WA Development Services Department AT&T’s application (the “Application”) for a new personal wireless services facility (the “Facility”) in the Residential (RS15.0) zone is subject to and complies with the following applicable provisions of Federal Way’s Municipal Code (“FWMC”), which are addressed in this Statement of Code Compliance in the following order: I.WIRELESS COMMUNICATION FACILITIES Chapter 19.256 FWMC Wireless Communication Facilities II.PERMIT REVIEW Chapter 19.60 FWMC Process II – Site Plan Review PLEASE NOTE: AT&T’s responses to applicable provisions are indicated below in bold italicized blue text. Any reference to an “Attachment” is in reference to an attachment included in AT&T’s application for the proposed Facility. ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 2 of 18 I. WIRELESS COMMUNICAITON FACILITIES 19.256.010 Introduction and exemptions. (1) This chapter is intended to provide a regulatory structure that 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”) and aesthetic design standards for use in the small wireless permit approval process established by Chapters 4.22 and 4.23 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, FWRC Title 19, 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 1 9.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, 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 FWRC 1 9.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances – Required screening. (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 1 9.110.050; 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 ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 3 of 18 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) Eligible facilities requests and routine maintenance or repair of a WCF 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 requests. (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 requirements for the WCFs. See Chapter 4 .24 FWRC, Eligible Facilities Requests – Federally Required Review Periods. Applicant Response: Applicant is proposing to collocate on a PSE utility pole and is applying for a Process II Permit as outlined below. 19.256.20 Definitions. [Intentionally omitted] 19.256.030 Federal regulatory requirements. Eligible facilities requests, as defined in FWRC 19.256.020, shall be processed in accordance with the time limits established by Chapter 4.24 FWRC. (1) 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 WCF that 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. (2) WCFs shall be subject to the requirements of this Code to the extent that such requirements: (a) Do not unreasonably discriminate among providers of functionally equivalent services; and (b) Do not have the effect of prohibiting wireless communications within the city. (3) Small wireless permits shall be processed as provided in Chapter 4.23 FWRC and the ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 4 of 18 city shall make every reasonable effort consistent with state and federal law to comply with the requirements of 47 CFR 1.6003 and the presumptively reasonable time periods for review established therein. Applicant Response: Understood. 19.256.040 Small wireless deployment. [Omitted – Applicant is not proposing a small wireless deployment ant this section does not apply.] 19.256.050 Aesthetic, concealment, and design standards for small wireless deployments. [Omitted – Applicant is not proposing a small wireless deployment ant this section does not apply.] 19.256.060 Small wireless facilities attached to existing buildings. [Omitted – Applicant is not proposing a small wireless deployment ant this section does not apply.] 19.256.070 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 to the extent feasible. 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. Applicant Response: Ground equipment will be placed on private property adjacent to the public Right-of-Way (ROW) and this section does not apply. 19.256.080 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 and 4.24 FWRC and this chapter: (1) City center core (CC-C); (2) City center frame (CC-F); (3) Designated landmark districts. Applicant Response: Applicant is applying for a collocation that is neither small cell or and eligible facilities request and the provisions of Chapters 4.23 and 4.24 do not apply. 19.256.090 Wireless communication facilities and monopoles. Monopoles and other wireless communication facilities other than small wireless facilities ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 5 of 18 shall be processed as Process II applications. See Chapter 1 9.60 FWRC. Applicant Response: Applicant is proposing to collocate on an existing structure which qualifies as “other wireless communication facilities” and is applying under Process II. (Ord. No. 19-862, § 2, 1-2-19; Ord. No. 18-850, § 9, 6-5-18. Formerly 19.256.130.) 19.256.100 Major impact wireless communication facilities. A major impact wireless communication facility (“major WCF”) includes all larger scale WCFs. 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 or permitted as small wireless facilities pursuant to Chapter 4.23 FWRC. The following sites shall be the required order of location for proposed major WCFs, including antenna and equipment structures. In proposing a major WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed major WCF in each of the higher priority locations and document, to the city’s satisfaction, why locating the major WCF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for major WCFs are as follows: (1) Structures located in the BPA trail. A major WCF 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. Applicant Response: The BPA trail is approximately 2.2 miles outside of the search ring for this site and would not meet the desired coverage objective. (See Attachment 3 - RF Justification for definition of search ring). (2) Existing broadcast, relay, and transmission towers. A major WCF 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 half-mile radius of a proposed major WCF 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. Applicant Response: The nearest tower is 144ft monopole approximately 2.25 mile SE of the search ring near the I-5 corridor and would not meet the desired coverage objective. (See Attachment 3 - RF Justification for definition of search ring) (3) Institutional structures. If the city, institutional uses, or other public agency consents to ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 6 of 18 such location, a major WCF 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. Applicant Response: The only institutional structure is a church approximately 1/2 mile SW of the search ring. The tallest point of this structure is approximately 36ft which would be a maximum height of 51’. Both the distance from the search ring and the height restriction would not meet the desired coverage objective. (See Attachment 3 - RF Justification for definition of search ring) (4) Appropriate zoning districts. A major WCF may be located in or on other public or private property, buildings, or structures within nonresidential zoning districts as allowed by the zoning chart. Applicant Response: The search ring was selected to meet specific coverage objectives (see Attachment 3 - RF Justification for details). Within a one-mile radius of the search ring the zoning is residential. (5) If the applicant demonstrates to the city’s satisfaction that it is not technically possible to site in a prioritized location, or as expressly allowed by the zoning chart, 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 following test: Would denial of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or 332? Applicant Response: As demonstrated in the Attachment xx - RF Justification, it is not technically feasible to locate a site in any of the defined location listed above, thus prohibiting applicant from improving and expanding its coverage. Therefore, applicant respectfully requests approval of this application for collocation on a PSE utility pole in the ROW under Process II as allowed for under 19.256.090 above. 19.256.110 Development standards. The following development standards shall be followed in the design, siting, and construction of a major wireless communication facility: (1) Building- or structure-mounted major WCFs on existing buildings or structures outside of the public right-of-way. WCFs mounted on existing buildings and structures shall conform to the following development standards: (a) A major WCF 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: (i) The facility shall utilize the least intrusive means of closing a significant ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 7 of 18 gap in service coverage or capacity; (ii) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of this section; and (iii) The maximum size of the major WCF panels and number of antennas shall be determined by the director, based on the specific project location, surrounding environment, and potential visual impacts; and (iv) The major WCF shall comply with all other applicable standards of this 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, FWRC Title 19, 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. (d) It is the applicant’s responsibility to prove that the maximum size of the major WCF panels and number of antennas is the minimum size necessary. (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. Applicant Response: Applicant is proposing to collocate on a PSE utility pole. PSE will be replacing the existing utility pole and AT&T proposes to collocated on the pole once PSE has replaced it. The utility pole is in the ROW and this section does not apply. (2) New freestanding major WCFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards: ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 8 of 18 (a) Placement of a freestanding major WCF 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 WCF be located closer than 500 feet to an existing freestanding major WCF whether it is owned or utilized by the applicant or another provider. (d) A freestanding major WCF, 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 WCFs shall be 20 feet for front, side, and rear yards. (e) Freestanding major WCFs 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 WCF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the total major WCF 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. Applicant Response: Applicant is proposing to collocate on a PSE utility pole. PSE will be replacing the existing utility pole and AT&T proposes to collocate on the pole once PSE has replaced it. The utility pole is in the ROW and this section does not apply. (3) Standards for electronic cabinets. Electronic cabinets shall either: (a) Be placed in a new or existing completely enclosed building. It is the applicant’s ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 9 of 18 responsibility to prove that the maximum size of the building is the minimum size necessary to house the equipment; or (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. Applicant Response: Applicant is proposing to install a prefabricated 7’x7’ walk-in equipment shelter (WIC) above ground. This is the smallest WIC available to house all the electronic equipment and batteries necessary to power the site. As shown on the zoning drawings the WIC will be surrounded by a chain-link fence with privacy slats and a five-foot-wide landscape buffer and will utilize the existing trees to the east as additional screening from public view (please see Attachment 4-Zoning Drawings). (4) Standards for equipment enclosures. (c) Electronic equipment enclosures shall not be allowed within the right-of- way, except for small wireless facilities permitted pursuant to Chapter 4.23 FWRC as conforming to the design and concealment standards of this chapter. (d) 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. ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 10 of 18 (e) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. (f) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (g) Equipment enclosures and screening shall not adversely impact vehicular sight distance. Applicant Response: The proposed equipment shelter will be located on private property. All setbacks to the ROW exceed 20’ as shown below and on page C1.1 of the zoning drawings. The equipment shelter will be within a sight obscuring fenced compound with a five foot landscape buffer and will not adversely impact vehicular sight distance (please see Attachment 4-Zoning Drawings). Front Setback: 20’4” N Side Setback: 69’3” S Side Setback: 272’2” Rear Setback: 313’1” (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. Applicant Response: The ground equipment will be secured by a six foot chain link fence in nonreflective gray, topped with three strands of barbed wire. It will be screened by a five foot wide Type 3 landscape buffer surrounding a 6’ sight obscuring fence (Please see Attachment 4-Zoning Drawings). (6) Cumulative effects. The city shall consider the cumulative visual effects of WCFs 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. Applicant Response: Understood. (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 ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 11 of 18 warning, and name of provider. Applicant Response: Understood. (8) Use zone charts, height and permit process. (a) Except for approval of small wireless permits, 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, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to the appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 19-862, § 2, 1-2-19; Ord. No. 18-850, § 9, 6-5-18. Formerly 19.256.170.) 19.256.120 Nonconformance. [Intentionally Omitted.] 19.256.130 Temporary wireless communication facilities. [Intentionally Omitted.] 19.256.140 Application requirements. (1) Except for temporary WCFs, permit applications for major WCFs 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. Applicant Response: Please see Attachment 5 – Photo Simulations. (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. Applicant Response: Please see Attachment 5 – Photo Simulations. (c) Architectural elevations of proposed facility and site. Applicant Response: Please see Attachment 4 – Zoning Drawings. (d) A coverage chart of the proposed major WCF at the requested height and an explanation of the need for that facility at that height and in that location. Applicant Response: Please see Attachment 3 – RF Justification. (e) An inventory of other major WCF sites operated by the applicant or other ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 12 of 18 providers within a half-mile radius of the proposed major WCF location. Applicant Response: Please see Attachment 3 – RF Justification. (f) A site/landscaping plan showing the specific placement of the major WCF 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 WCF components. Applicant Response: Please see Attachment 3 – Zoning Drawings. (g) If the major WCF electronic equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. Applicant Response: Equipment Shelters for wireless facilities are located above ground due to the prohibitive cost and considerable ground disturbance for an underground vault and for the health and safety of the technicians servicing the equipment. (h) Documentation of efforts to collocate on existing facilities. Applicant Response: Please see Attachment 3 – RF Justification. (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, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant’s expense. Applicant Response: Understood. (2) Permit applications for temporary WCFs shall include the following minimum information: (a) Documentation of previously permitted facility, if applicable. (b) Site plan showing proposed location of temporary WCF 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) Mockups or other visual representations of the proposed facility. Applicant Response: Applicant is applying for a permanent WCF collocation and this section does not apply 19.256.150 Collocation. ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 13 of 18 (1) A permittee shall cooperate with other WCF 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 WCF 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. Applicant Response: Applicant is proposing to collocate on an existing structure and this section applies to new structures. 19.256.160 Removal of facility. (1) Abandonment and removal. The owner or operator of a WCF 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 WCF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF 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 that could result in adverse safety or visual 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 WCF 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 WCF shall be considered partially abandoned. The owner or operator of any partially abandoned major WCF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the major WCF is partially abandoned. The owner of the WCF shall have 120 days from the date ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 14 of 18 of partial abandonment to collocate another service on the major WCF. If another service provider is not added to the major WCF 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 Chapter 1.15 FWRC. Applicant Response: Understood. 19.256.170 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 WCF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for EMF emissions; and (6) 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. (Ord. No. 19-862, § 2, 1-2-19; Ord. No. 18-850, § 9, 6-5-18. Formerly 19.256.230.) II. PERMIT REVIEW 19.60.010 Process II generally Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process II. This chapter describes process II. All commercial, office and industrial development applications subject to the provisions of ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 15 of 18 this chapter, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. Process II applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36.70B.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to process III of this title. If the development, activity, or use that requires approval through process II is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that this will result in more efficient decision making. Under process II, the director will make the initial land use decision and the decision on the community design guidelines. Any appeals of either decision will be decided by the hearing examiner after a public hearing. Applicant Response: The collocation of antennas on an existing structure is categorically exempt from the State Environmental Policy Act under RCW 43.21C.0384 (1) (a). Applicant is proposing to collocate on an existing structure which qualifies as “other wireless communication facilities” and is applying under the Process II. “247. In the 2009 Declaratory Ruling, the Commission interpreted a “reasonable period of time” under Section 332(c)(7)(B)(ii) to be 90 days for processing collocation applications…” AT&T is proposing to collocate on a PSE utility pole and to place the ground equipment on private property. PSE will be responsible for replacing the existing pole with one to support AT&T’s proposal. Once the PSE has replaced the utility pole, they will be responsible for attaching the antennas and ancillary equipment to the pole. Because the utility pole is in the public right-of-way, AT&T understands that it will need to procure a Franchise Agreement with the City for the antenna equipment and requests this be made a condition of approval of this application. (Ord. No. 09-594, § 40, 1-6-09; Ord. No. 07-573, § 15, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(1)), 2-27-90. Code 2001 § 22-361.) 19.60.030 Conduct of the review The mayor may appoint one or more employees or other persons working on behalf of the city to perform the functions established under this chapter. (Ord. No. 10-669, § 68, 9-21-10; Ord. No. 09-594, § 42, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(3)), 2-27-90. Code 2001 § 22-363.) 19.60.040 Purposes of review ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 16 of 18 The site plan review has the following purposes: (1) To review a proposal for compliance with the provisions of this title and all other applicable law. (2) To help ensure that a proposal is coordinated, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right-of-way and other public improvement projects within the area. (3) To encourage proposals that embody good design principles that will result in high quality development on the subject property. (Ord. No. 09-594, § 43, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-364.) 19.60.050 Site plan and community design guidelines approval criteria (1) Applicability. The director may approve an application for site plan review and community design guideline review if it is consistent with the following sets of decisional criteria: (2) Site plan criteria. (a) It is consistent with the comprehensive plan; GMA Goal: Public Facilities and Services – Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. LUP 10 Support the continuation of a strong residential community. LUP 16 Encourage the development of transportation routes and facilities to serve single-family neighborhoods. Special attention should be given to pedestrian circulation. PUG1 Work with private utility companies to allow them to provide full and timely service that meets the needs of the City’s residents and businesses, both present and future. PUP2 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. PUP12 The City will utilize existing and emerging communications technologies to communicate with citizens and businesses. PUP17 Through its development regulations, the City shall continue to address the siting, screening, and design standards for wireless/cellular facilities, substations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent property Applicant Response: As has been demonstrated herein, the proposed facility satisfies several of the applicable goals and policies of the Federal Way Comprehensive Plan ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 17 of 18 including The Public Facilities and Services goal of the Growth Management Act, Land Use Policies 10 and 16, Private Utilities Goal 1, and Public Utility Goals 1, 2, 12 and 17. Wireless services are key to growing residential areas and people rely on the ability to use their phones and other wireless devices at work and at home, both indoors and outdoors. As the population of the City of Federal Way increases and land development patterns change over time, the demand for residential services also increases and changes. These changes require that service providers, both public and private, plan for the provision of services in a coordinated manner. The proposed collocation on a public utility pole forwards the intent of the Comprehensive Plan by providing reliable communications services to a growing community and doing so in a manner that minimizes visual impacts and land use. (b) It is consistent with all applicable provisions of this title: Applicant Response: AT&T’s proposal to collocate on an existing utility pole is consistent with all applicable provisions of this title as demonstrated herein. (c) It is consistent with the public health, safety, and welfare; Applicant Response: AT&T’s proposed collocation will meet and/or exceed all governmental regulations regarding public health, safety and welfare. (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal: Applicant Response: This is an unmanned facility that will create no traffic and requires only electricity, no other utilities. (e) The proposed access to the subject property is at the optimal location and configuration for access; and Applicant Response: The access to the site will be from 8th Ave. NW, as close to the utility pole and the ground equipment as possible, and is the optimal location for access. (f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. Applicant Response: As an unmanned facility there will only be one standard size vehicular visit per month for maintenance and there will be minimal impact to traffic safety. (3) Community design guideline decisional criteria. (a) It is consistent with site design standards set forth in FWRC 19.115.050 for all zoning districts: Applicant Response: While most of the site design criteria does not apply to the proposed collocation, FRWC 19.115.050 (F) requires access control. The proposed ground equipment will be secured by a 6’ chain link fence with 3 strands of barbed wire, privacy slats and a locked gate to minimize the potential for crime. ATTACHMENT 2—Statement of Code Compliance AT&T’s Application—SC2064 Redondo Beach Page 18 of 18 (b) It is consistent with applicable supplemental guidelines set forth in FWRC 19.115.090; and Applicant Response: While most of the building design criteria in FWRC 19.115.090 do not apply to wireless communication facilities collocations, AT&T is proposing a 5’ landscape strip around the perimeter of the fenced ground space. Lighting of the ground space will be limited to emergency lighting mounted at approximately 8 ft and will be down shielded. (c) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Chapter 19.115 FWRC, Community Design Guidelines, identified by the director as being applicable. Applicant Response: AT&T is prepared to respond to any Community Design Guidelines, identified by the director, as being applicable.