TIS 2021-04-12 Item 2B - Ordinance/Resolution - Interim Small Wireless Facility Code Adoption

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City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Joel Bush, Technology and Innovation Services Director BY: Eric Compton, Franchise and Technology Specialist CC: Mayor Ekberg DATE: April 9, 2021 SUBJECT: Interim Small Wireless Facility Code Adoption ISSUE On advice from legal counsel, adopt an emergency interim code regulating Small Wireless Facilities (SWF) in Tukwila while the City undergoes the process of developing permanent standards through the standard legislative process and adopt an accompanying update to the fee schedule to account for associated small wireless permit fees. BACKGROUND Wireless communications technology has pivoted from large cell towers that were designed to transmit frequencies over long distance to small wireless facilities that are designed to increase capacity. The Federal Communications Commission ("FCC") adopted new regulations regarding local municipalities authority to regulate the deployment of small wireless communications. These regulations include the presumptively reasonable review timelines and fee thresholds, and design and aesthetic requirements. In order to account for those changes in Federal law, the City needs to update its municipal code. DISCUSSION The proposed interim code is modeled after a recently adopted code in the City of Federal Way. It incorporates the FCC regulations and sets forth a permitting process and aesthetic requirements for small wireless facilities. These changes will improve staff efficiency by providing a well-defined framework for staff to review permits and clear expectations for applicants regarding where and how they can locate their facilities. Drafting and adopting a permanent version of this code, will begin immediately following the adoption of the interim code. Staff expects that the code will undergo an internal iterative process before being sent out for review by industry and GMA/SEPA. A final version of the code is anticipated to be completed at the end of September 2021. FINANCIAL IMPACT No negative financial impact will result from adopting this code. The interim code does require an associated permit fee for the small wireless facility permit, as permitted under the FCC regulations. Those proposed fees are reflected in the accompanying fee schedule. RECOMMENDATION The Committee is being asked to forward the interim code and accompany fee schedule resolution to Committee of the Whole and Special Meeting to adopt this interim code for a term of six months while staff develops permanent regulations through the standard legislative process. ATTACHMENTS Draft Interim Small Wireless Facility Ordinance Draft Fee Schedule Resolution {EFM2393923.DOCX;1/13175.000001/ } 5