HomeMy WebLinkAboutPlanning 2021-08-26 ITEM 4 - SMALL WIRELESS COMMUNICATION FACILITIES CODE AMENDMENT - STAFF REPORT11111111111111
City of Tukwila
Department of Community Development - Nora Gierloff, AICP, Director
STAFF REPORT TO THE PLANNING COMMISSION
Prepared August 12, 2021
FILE NUMBERS: L21-0096 Zoning Code Amendment
E21-0009 SEPA Checklist
REQUEST:
Allan Ekberg, Mayor
Consider amendments to Tukwila's Zoning Code to bring it into alignment with
recent FCC regulations for wireless communication facilities. The Planning
Commission will hold a public hearing on the proposed amendments and make
recommendations to the City Council for review and adoption.
PUBLIC HEARING: August 26, 2021
LOCATION: Citywide
STAFF: Nora Gierloff, DCD Director
Emily Miner, Assistant City Attorney
ATTACHMENTS:
A. Proposed Ordinance Language Clean
B. Proposed Ordinance Language Redline
C. Table Summary of Industry Comments
BACKGROUND
Wireless communication technology has pivoted from large cell towers that were designed to transmit
frequencies over long distance to small wireless facilities (4G and 5G networks) that are designed to increase
capacity. These installations are significantly smaller than the existing macro installations and are/will be located
closer to the end user. This means that small wireless installations will be focused on the rights-of-way and
adjacent areas.
The Federal Communications Commission ("FCC") has adopted new regulations regarding local municipalities'
authority to regulate the deployment of small wireless communications facilities. In order to account for those
changes in Federal law, the City needs to update its municipal code.
Tukwila adopted an interim code to address wireless facilities under Ordinance No. 2652 on April 12, 2021.
Those temporary regulations will expire October 12, 2021. Staff has now drafted a permanent set of regulations
and has circulated those regulations for industry review, as well as GMA/SEPA review. While no comments were
received from the GMA or SEPA process, industry comments were received and some of the comments have
been incorporated into the draft code. A table summary of all comments received has been included as
Attachment C.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukvirilaWA.gov
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PC Staff Report 8-12-21
Page 2
There are a few important concepts that the Commission should keep in mind that will come into play
during these discussions.
- The City has some authority to outline aesthetic standards for the rollout of small wireless facilities, but
the City does not have authority to dictate technology. Any standard being considered that would
regulate the technology should be avoided.
- Regulations that effectively prohibit the rollout of the technology should not be considered. The FCC
has generally determined that this technology should be allowed, and regulations adopted by a local
jurisdiction that effectively prohibit the technology are impermissible.
- The FCC has adopted presumptively reasonable shot clocks within which the City must comply. These
shot clocks are 60 days for an installation on an existing structure and 90 days for new poles. These
shot clocks cover all necessary city approvals, which may include a franchise (these already require two
readings before City Council), small wireless permits, public works related permits, and anything else that
might be required by the City.
- The City should treat all similarly situated applicants the same. This is called competitive equity.
Regulations and approvals should not vary depending on who comes in the door.
DISCUSSION
The proposed ordinance includes an overhaul of the existing code in order to incorporate the new FCC
requirements. It also includes revisions to the macro facility permitting and design requirements, as well as
establishes 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.
Our discussion will focus on the macro facility provisions in TMC 18.58.060-070 as well as the small wireless
facility provisions in TMC 18.58.100-160. We will discuss how the code will be used, what the requirements
mean, and how these requirements will protect the City within the scope of the FCC rules.
REQUESTED ACTION
Hold the public hearing on the proposed code amendments, review the amendments, and forward the
ordinance language as proposed or amended to the City Council.
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Phone: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov