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Section 2. Findings of Fact. The Tukwila City Council hereby adopts and <br />incorporates the recitals set forth above as Findings of Fact justifying the interim <br />development regulations adopted by this ordinance pursuant to the requirements of RCW <br />35A.63.220. The City Council also finds this ordinance necessary in order to address the <br />possibility of processing an application for small wireless facilities in the City within the <br />presumptive safe harbor review periods proscribed by the FCC. As such, a public <br />emergency exists requiring that this ordinance take effect immediately upon passage. <br />Section 3. Tukwila Municipal Code (TMC) Section 18.58.030 Amended. <br />Ordinance Nos. 2498 §2 and 2135 §1 (part), as codified at TMC Section 18.58.030, <br />"Exemptions," is hereby amended by adding the following subparagraph 18.58.030(10): <br />18.58.030 Exemptions <br />10. Small wireless facilities as defined by TMC Section 23.04.030. <br />Section 4. New Regulations Established. The Tukwila Municipal Code is hereby <br />amended by the addition of a new Title 23, "Small Wireless Communication Facilities," to <br />read as follows: <br />TITLE 23 <br />SMALL WIRELESS COMMUNICATION FACILITIES <br />Chapter 23.04 — Small Wireless Facility Regulations <br />Sections: <br />23.04.010 Purpose and Scope <br />23.04.020 Exemptions <br />23.04.030 Definitions <br />23.04.040 Federal regulatory requirements <br />23.04.050 Small wireless facility application process <br />23.04.060 Small wireless facility application requirements <br />23.04.070 Small wireless facility review criteria and process <br />23.04.080 Small wireless facility permit requirements <br />23.04.090 Small wireless facility modification <br />23.04.100 Small wireless facility aesthetic, concealment, and design standards <br />23.04.110 Removal of abandoned small wireless facility <br />23.04.120 Revocation of permit <br />Section 5. TMC Section 23.04.010 is hereby established to read as follows: <br />23.04.010 Purpose and Scope <br />A. The purpose of this chapter, in addition to implementing the general purposes of <br />the Comprehensive Plan and development regulations, is to regulate the activities of <br />permitting, placement, construction and modification of small wireless facilities in order to <br />protect the health, safety and welfare of the public while not unreasonably interfering with <br />the development of a competitive wireless telecommunications marketplace within the <br />City. <br />CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 <br />EM:bjs Review and analysis by Barbara Saxton <br />Page 3 of 22 <br />8 <br />