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

Browse Search

WHEREAS, the City Council finds that the existence of federal regulations requiring the enactment of administrative procedures and processes which can comply with the new presumptive federal safe harbors need to be in place immediately in order to comply with such requirements; and WHEREAS, the potential conflict between City land use review timelines and the preemptive federal shot clocks creates a time sensitive emergency; and WHEREAS, the City is authorized by state law, including RCW 36.70A.390 and RCW 35A.63.220, to expeditiously adopt interim zoning ordinances while permanent regulations are developed, vetted and processed through the City's standard legislative procedures; and WHEREAS, the City Council may adopt interim regulations for a period of up to six months so long as the City Council holds a public hearing on the interim regulations as required by RCW 35A.63.220 within 60 days of adoption of the interim regulations. A duly -noticed public hearing on this interim zoning ordinance was held on April 12, 2021 to solicit and receive public comment on this interim zoning ordinance; and WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the adoption of this interim zoning ordinance is exempt from the requirements of a threshold determination under the Washington State Environmental Policy Act (SEPA). A SEPA Checklist will be prepared, and a determination will be issued for the proposed final regulations; and WHEREAS, the City Council finds that the use of the interim zoning ordinance will allow the City to implement an interim process to develop the necessary processes and procedures for small wireless facilities while providing a meaningful opportunity for citizens to provide input regarding design, concealment and other aesthetic standards within the longer time frame permitted by use of an interim zoning ordinance; and WHEREAS, the City Council finds that an emergency exists and immediate adoption of interim zoning regulations as set forth herein for up to six months is necessary for the immediate preservation of the public peace, property, health or safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to establish interim permitting and aesthetic requirements and revisions to the Tukwila Municipal Code in response to the enactment of regulations by the FCC for a period of six months, or until such earlier time as permanent regulations may be adopted. CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton Page 2 of 22 7