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DRAFT <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, <br />WASHINGTON, ADOPTING INTERIM LAND USE REGULATIONS AND <br />OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW <br />36.70A.390; AMENDING ORDINANCE NOS. 2498 §2 AND 2135 §1 <br />(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) <br />SECTION 18.58.030, "EXEMPTIONS," TO EXEMPT SMALL WIRELESS <br />FACILITIES FROM TMC CHAPTER 18.58, "WIRELESS <br />COMMUNICATION FACILITIES"; ADOPTING A NEW TMC TITLE 23, <br />"SMALL WIRELESS COMMUNICATION FACILITIES," AUTHORIZING <br />AND ESTABLISHING PERMITTING REGULATIONS AND AESTHETIC <br />AND DESIGN STANDARDS FOR THE DEPLOYMENT OF SMALL <br />WIRELESS FACILITIES; ESTABLISHING 6 MONTHS AS THE <br />EFFECTIVE PERIOD; HOLDING A PUBLIC HEARING ON THE INTERIM <br />REGULATIONS; ADOPTING SUPPORTIVE FINDINGS; PROVIDING <br />FOR SEVERABILITY; DECLARING A PUBLIC EMERGENCY AND <br />ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. <br />WHEREAS, in a constantly evolving industry, telecommunications providers are <br />beginning to utilize a new type of technology commonly known as "small cell" facilities <br />(herein "small wireless facilities") to implement higher bandwidths and increased <br />demands for data; and <br />WHEREAS, the Federal Communications Commission ("FCC") has issued rules and <br />regulations which limit local government's ability to regulate the deployment of small <br />wireless facilities, but which allow local governments to adopt regulations affecting the <br />aesthetics and design standards for small wireless facilities; and <br />WHEREAS, the FCC allows the City to adopt aesthetic standards for deployment of <br />small wireless facilities that will require utilization of a consolidated process emphasizing <br />administrative review in order to comply with federal safe harbors or presumptively <br />reasonable time limits for review; and <br />CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 <br />EM:bjs Review and analysis by Barbara Saxton <br />Page 1 of 22 <br />6 <br />