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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/12/2021 (3) Land Use and Planning Board Agenda Board Members: Ali Shasti, Chair Shane Amodei, Vice Chair - Dione Dittmar - Katherine Jones - Joseph O'Toole - - Monday, July 12, 2021 6:00 p.m. Persons with written proof of Covid-19 vaccination status may enter Council Chambers and remove face coverings. Persons without proof of vaccination status will view the meeting from the lobby, wear face coverings, and practice physical social distancing from non-household members. You can listen to the meeting by calling 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 945 3407 1842 Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 02 MIN. YES 3. Approval of May 24, 2021 Chair 05 MIN. Minutes 4. Changes to the Agenda Chair 01 MIN. 5. Introduction of New LUPB Members YES 6. Code Amendments to Kent City Christina Schuck, 30 MIN. Code Chapters 6.15, 6.16, and Assistant City Attorney; 15.08 RE: Wireless Facilities Erin George, Current Planning Manager NO 7. House Bill 1220 Hayley Bonsteel, Long 20 MIN. Range Planning Manager 8. Adjournment Chair 01 MIN. Unless otherwise noted, the Land Use and Planning Board meets at 6 p.m. on the second and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya Kosen at TKosen@KentWA.gov. 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4 Pending Approval Land Use and Planning Board Land Use Regular Meeting Minutes May 24, 2021 Date: May 24, 2021 Time: 6:00 p.m. Place: THIS IS A REMOTE MEETING Attending: Ali Shasti, Chair Shane Amodei, Vice Chair Dione Dittmar, Katherine Jones, Joseph O'Toole, Agenda: 1. Call to Order 6:00 p.m. 2. Changes to the Agenda No changes Attendee Name Title Status Arrived Ali Shasti Chair Excused Shane Amodei Vice Chair Present Dione Dittmar Present Katherine Jones Present Joseph O'Toole Present 4. Approval of Minutes dated May 10, 2021 MOTION: Move to approve the Minutes dated May 10, 2021 RESULT: APPROVED \[UNANIMOUS\] MOVER: Joseph O'Toole SECONDER: Katherine Jones AYES: Amodei, Dittmar, Jones, O'Toole EXCUSED: Shasti Njovuft!Bddfqubodf;!Njovuft!pg!Nbz!35-!3132!7;11!QN!!)PQFO!TFTTJPO* 5. 2022-2027 Transportation Improvement Program (TIP) - Public Hearing April Delchamps, Senior Transportation Planner with Public Works, gave a presentation on the 2022-2027 Transportation Improvement Program (TIP). This is a follow-up to her information-only presentation she gave to this board on May 10, 2021. The Draft 2022-2027 Six- transportation improvement work program for the next six years. Per RCW 35.77.010, the six-year plan for each city shall specifically set forth those Page 1 of 2 Qbdlfu!Qh/!3 4 Land Use and Planning Board Land Use Regular May 24, 2021 Meeting Kent, Washington Minutes projects and programs of regional significance for inclusion in the transportation improvement program within that region. The program is also required to be consistent with the Kent Comprehensive Plan. Including projects in the Six-Year TIP allows the City to search for funding partners and apply for grants. Most State and Federal agencies require that -Year TIP. There was a question from Kathi Jones regarding the sidewalk project on Meeker and the set-backs for existing buildings. Kaelene Nobis explained that the buildings, as is, will fall under the legally non-conforming status but if a lot were to be developed or redeveloped after the sidewalks, they would have to adhere to the current set-back policy. MOTION: Recommend Council adopt the 2022-2027 Six-Year Transportation Improvement Program, as presented by staff. RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\]Next: 6/8/2021 4:00 PM MOVER: Shane Amodei, Vice Chair SECONDER: Joseph O'Toole AYES: Amodei, Dittmar, Jones, O'Toole EXCUSED: Shasti 6. Adjournment 6:35 p.m. Tanya Kosen Committee Secretary Njovuft!Bddfqubodf;!Njovuft!pg!Nbz!35-!3132!7;11!QN!!)PQFO!TFTTJPO* Page 2 of 2 Qbdlfu!Qh/!4 7 LAND USE AND PLANNING BOARD 220 Fourth Ave S Kent, WA 98032 DATE: July 12, 2021 TO: Land Use and Planning Board FROM: Law and Economic and Community Development SUBJECT: Code Amendments to Kent City Code Chapters 6.15, 6.16, and 15.08 RE: Wireless Facilities MOTION: Recommend City Council adopt the ordinance amending chapter 6.16 to update the design standards for small wireless facilities, and to update definitions and references within Kent City Code 6.15.050 and 15.08.035 related to wireless facilities. SUMMARY: City right-of-way supports a variety of telecommunication facilities installed on utility poles and streetlights. These telecommunication facilities are regulate these facilities is pre-empted. The City retains the authority to impose regulations for safety and aesthetics. The City regulates larger wireless facilities, such as towers and monopoles, within Zoning Code (KCC 15.08.035). Small wireless facilities, also known as small cells, are governed by Public Works chapter - of--of-way through franchise agreements and master license agreements for the deployment of small wireless facilities is set forth in chapter 6.15 KCC. As wireless technology and federal law continue to evolve and change, minor amendments to these code provisions are necessary to address these changes and to better facilitate the deployment of this technology. Specifically, the proposed ordinance updates the design standards for street lights to better accommodate new designs and 5G antennas and to allow for the installation of strand-mounted small wireless facilities on the cables between utility poles. This amendment also clarifies that the small wireless facilities design standards apply to any light poles within and outside of the right-of-way (e.g., in parking lots). To limit the visual effects and physical bulk of the proliferation of wireless facilities on residential areas, the ordinance prohibits the installation of small wireless facilities outside of the right-of-way and prohibits ground-mounted equipment within the right-of-way, the boundary of which can extend into front yards. These amendments also limit the height of replacement utility poles used to install larger wireless facilities in all areas of the City. Qbdlfu!Qh/!5 7 Additionally, this ordinance updates terminology and definitions to better align with federal law and to reflect the evolving types of wireless telecommunication facilities (not small cells) being installed throughout the City. BUDGET IMPACT: N/A SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. CITY OF KENT ORDINANCE - Utility Design Standards in the Right of Way - 6.30.2021 (PDF) Qbdlfu!Qh/!6 7/b ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 6.16 of the Kent City Code, relating to the design standards for small wireless facilities installed on utility poles, city-owned infrastructure and streetlights, and amending sections 6.15.050 and 15.08.035, to update definitions related to wireless telecommunications facilities. RECITALS A. As the City continues to support the deployment of small cell technology within the rights-of-way on utility poles, streetlight standards and city-owned infrastructure, minor amendments to the design standards are necessary to address changes in federal law and to better facilitate the these facilities, including 5G antennas. At the same time, the design standards work to overall minimize visual clutter and the public safety impacts of this technology as it proliferates within the public right-of-way. These standards also address the specific impacts to residential areas including limiting the height of poles and prohibiting the installation of ground-mounted equipment. 1 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!7 7/b B. Because it is possible that these facilities may be deployed outside of the right-of-way, but have similar impacts, this amendment clarifies that the design standards also apply to small cell technology installed on streetlight standards or other utility poles outside of the right- of-way (e.g., in private parking lots). C. This ordinance also updates the terminology for small cell technology and definitions to align with the terms and definitions used in federal law and to clarify the application of the design standards. Specifically, the term small cell equipment or facilities has been changed to adds language to clarify that the design standards for small wireless facilities installed on city-owned infrastructure (defined as poles, streetlight standards or other street-related appurtenances located in the right-of-way and owned by the City of Kent), also apply to the streetlight standards throughout the City that are not city- owned. D. Additionally, this ordinance adds enhanced flexibility to accommodate ever-changing technology and the technical requirements of equipment, such as the sensitivity of 5G antennas, which cannot be painted or shrouded. As part of this enhanced flexibility, a new type of combination pole has been included to allow a design in which all equipment and antennas are located internally, except for 5G antennas, which must be slightly recessed in order to function. These updated design standards still preserve the requirement to keep bulky equipment cabinets and shrouds at the top or bottom of these poles. E. A new section 6.16.070 allows for the deployment of strand mounted facilities, in which small wireless facilities are installed directly on 2 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!8 7/b the cables between utility poles. This new section sets forth design standards applicable to these facilities. F. This ordinance also updates section 15.08.035 to update terminology and definitions to better align with federal law and to reflect the evolving types of wireless telecommunications facilities being installed. G. City staff consulted with representatives from the wireless industry on these code amendments and the ordinance was submitted to the Department of Commerce on June 14, 2021. H. On May 28 an Addendum to a March 29, 2019 Determination of Non-Significance for the proposed code amendment. I. At its regularly-scheduled meeting on July 12, 2021, the Land Use and Planning Board held a public hearing regarding the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. Amendment 6.15.050. Section 6.15.050 of the Kent - Sec. 6.15.050. Applications Contents. The director is authorized to establish an application form or forms appropriate for public utilities and 3 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!9 7/b other qualified service providers to apply for a franchise or limited license agreement. The form shall contain at a minimum: A. Information identifying the applicant, its corporate or other organizational structure, and the contact agent. B. Property and facility information including, but not limited to: 1. The nature of the request as an application for a new franchise, an application for renewal or amendment or an application for the transfer of a franchise. 2. A description of the specific services that the applicant expects to provide within the city including whether the services will be provided to the general public, to commercial and/or residential customers or to other utilities and service providers. 3. A description of the facilities to be located in the right-of-way including, but not limited to, telecommunications service facilities, small cell equipmentwireless facilities, conduits, fiber, pipelines, and other facilities - of-way. Small cell equipmentwireless facilities designs shall be submitted with the application. The director may require designs of other facilities. 4. A statement that the necessary pole attachment or lease agreements with the owners of other facilities located in the right-of-way have been obtained. 4 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!: 7/b 5. Estimated beginning and end dates for construction. 6. A statement that any licenses, certificates or authorizations required from the Federal Communications Commission, the Washington Utilities and Transportation Commission and any other federal or state agency with jurisdiction over the proposed activities to be conducted in the right-of-way have been obtained. 7. A description of the services provided and any and all state and local taxes which may apply. 8. The service area for which the franchise is requested, including a map of the area to be covered by the franchise and specific locations of the initial build out and, if known, proposed future build out locations including which proposed facilities will be underground, ground based, and/or aerial. 9. Upon request from the city, financial statements prepared in accordance with generally accepted accounting principles demonstrating the and remove its telecommunications facilities. This provision shall not apply when prohibited by the federal Telecommunications Act. 10. providing the intended service which includes a list identifying, by place and date, other franchises obtained by the applicant, its parent, or subsidiary. 5 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!21 7/b 11. Such other information as the director determines would be relevant in considering the application. SECTION 2. - Amendment. Chapter 6.16 of the Kent City Code Utility Design Standards in the Right-Of-Way follows. Sec. 6.16.010. Purpose. A. The city council, as trustee of the -of-way, has the authority to authorize right-of-way use by utilities and other entities in order to serve the public if an agreement consistent with state and federal law and the best interests of the city and its residents can be reached. The purpose of the design standards set forth within this chapter is to locate small cell equipmentwireless facilities, utility poles, and other infrastructure in the -of-way in a manner that minimizes potential incompatibilities with adjacent uses, addresses traffic safety, limits bulk, and minimizes aesthetic impacts. B. The design standards within this chapter shall be considered concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. Section 1455(a). B. The design standards within this chapter shall also apply to small wireless facilities installed on street light standards or other light poles outside of the right-of-way in order to address these same impacts to traffic and pedestrian safety, to limit bulk and minimize aesthetic impacts. 6 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!22 7/b Sec. 6.16.020. Conflicting provisions. In the event of a conflict between the provisions of this chapter, the terms of any issued franchise, master license agreement, or any federal law or federal regulation, it is intended that the stricter standard shall apply unless the context clearly evidences a contrary intent, or unless the city is preempted on the issue by applicable law. Should any franchise or other applicable law be silent on the issue of conflict, this section shall control. Sec. 6.16.030. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. City-owned infrastructure means poles, street light standards, or other street-related appurtenances located in rights-of-way and owned by the city of Kent. B. Combination pole means a pole which includes both a streetlight and small cell equipment orwireless facilities that replaces existing city-owned infrastructure, or other streetlight standards not owned by the city. C. Director means the city of Kent public works director, or his or her designee. D. Franchise refers to the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy city rights-of-way to provide service within a designated franchise area. A franchise shall be 7 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!23 7/b authorized by ordinance and must be accepted by the franchisee to become effective. A franchise shall not include or be a substitute for: 1. Any other permit or authorization required for the privilege of transacting and carrying on business within the city, including without limitation a business license; or 2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including, without limitation, a street cut permit, a street use permit, or other construction permit or approval; or 3. Any permits or agreements for occupying any other property in the city for which access is not specifically granted by the franchise, including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the city or any other public or private entity, or for providing any service. E. Rights-of-way (singular right-of-way) means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, pathway, space, or other public right-of-way, and over which the city has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority thereover. Rights-of-way for the purpose of this chapter do not include railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, open spaces, nature trails, dedicated but unopened right-of-way, undedicated streets and/or right-of-way, environmentally 8 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!24 7/b sensitive areas, and any land, facilities, or property owned, maintained, or leased by the city in its governmental or proprietary capacity or as an operator of a utility. F. Small cell equipment or wireless facilities means facilities that meet each of the following conditions: 1. The facilities a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR § 1.1320(d); or b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR § 1.1320(d)), is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre- existing associated equipment on the structure, is no more than 28 cubic feet in volume. 9 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!25 7/b wireless telecommunications facilities attached, mounted, or installed on a proprietary or leased pole, excluding monopole towers, that is located in right-of-way and used to provide personal wireless service. G. Traffic control signal system means traffic signal poles, mast arms, luminaires, and associated mast arms, ancillary poles, and related appurtenances. H. Utility pole means a pole or vertical structure owned by a utility company or other third party with the right either pursuant to state law or a franchise to place such facilities in the right-of-way. It also includes light poles owned by a utility company or other third party located outside of the right-of-way. An original utility pole is a pole that has not been replaced to accommodate small cell wireless facilities or other wireless facilities, but that is capable of accommodating small cell wireless facilities or other wireless facilities. A replacement utility pole means a pole that replaces an original utility pole to accommodate small cell wireless facilities or other wireless facilities and does not result in an increase in the total number of utility poles. Each reference to a utility pole herein includes any original utility pole and any replacement utility pole. Sec. 6.16.040. General Requirements. A. All utility polesand light poles, wireless facilities, and small cell equipment orwireless facilities shall be constructed or installed according to applicable federal, state, and city regulations and standards, including the City of Kent Design and Construction Standards. 10 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!26 7/b B. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities equipment isare placed underground or is otherwise approved by the director.. C. Small cell equipment orwireless facilities are not permitted on traffic control signal systems. D. Small wireless facilities are not permitted in residential zoning districts outside of the right-of-way. DE. City of Kent Design and Construction Standards, and state and federal regulations in order to provide clear passage within the rights-of-way. The location of any replacement or new utility pole, or combination pole must not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), not interfere with sight distance, and not adversely affect public health, safety, or welfare. EF. In order to minimize negative visual impact to the surrounding area and to avoid excessive overhead clutter, the director may deny a request for proposed small cell equipmentwireless facilities where the proposed location is deemed inappropriate due to the extent of existing aboveground wireless telecommunications or other electrical or cable facilities existing within a 150-foot radius of the proposed small cell equipment location. The director may also deny a request for proposed small cell equipmentwireless facilities on a utility pole already containing more than one electrical transformer. 11 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!27 7/b FG. The use of any city-owned infrastructure, other streetlight standard, or utility pole for the siting of small cell equipmentwireless facilities within the right-of-way shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host for small cell equipmentwireless facilities becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facilitywireless facilities, and the small cell facilitywireless facilities, including and all associated equipment, shall be removed. GH. Replacement utility poles shall be located as near as possible to the existing pole, while meeting the current City of Kent Design and Construction Standards. The abandoned pole must be removed. are subject to the following requirements. 1. All replacement utility poles (with or without small wireless facilities or other wireless facilities) shall be located as near as possible to the existing utility pole, while meeting the current City of Kent Design and Construction Standards. The abandoned utility pole must promptly be removed. 2. Proposed replacement utility poles, for the purpose of siting wireless facilities other than small wireless facilities, shall be no more than 20 percent taller than adjacent utility poles. HI. Replacement and combination poles shall match or be similar to the color and material of the original or adjacent poles. Replacement and combination poles shall be located in a location that minimizes the 12 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!28 7/b appearance from existing adjacent residential structures to the maximum extent feasible. For example, locations where new poles or replacement poles would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance should be avoided. IJ. The number of conduits shall be minimized to the number necessary to accommodate the facilities or equipment on the utility pole. The color of external cables, wires, and conduits shall match or be similar to the color of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. The conduit shall be mounted as closely as possible to the pole, while still meeting the required safety clearances. JK. All cables and wiring on utility poles shall also be concealed to the maximum extent feasible. Any wires outside the conduit shall be consolidated and pulled as tight as technically feasible. Loops of excess wires shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted equipment. KL. Ancillary equipment and facilities, including conduit and cable, shall not dominate the structure or utility pole upon which these things are attached. LM. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. 13 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!29 7/b M. Side arm mounts and strand mounts for antennas or equipment are prohibited. N. The city may consider the cumulative visual effects of small cell equipmentwireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as not to adversely affect the visual character of the area. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the service provider. O. These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. P. No equipment on any utility or combination pole may be operated so as to produce noise in excess of ambient noise levelsviolation of the applicable noise standards set forth in chapter 8.05 of the Kent City Code. Sec. 6.16.050. Small cell equipmentwireless facilities design standards and aesthetic requirements on utility poles. A. Locations. 14 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!2: 7/b 1. Small cell equipmentwireless facilities on utility poles shall be located in a location that minimizes the appearance of small cell equipmentwireless facilities from existing adjacent residential structures to the maximum extent feasible. For example, best efforts shall be used to avoid locations where small cell equipmentwireless facilities would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance. 2. A utility pole shall not contain more than one small cell facilitywireless facility. B. Replacement utility poles. The height of any replacement utility pole to accommodate small wireless facilities, including antennas shall be: 50 feet or less; or not extended to a height of more than 10 percent above its preexisting height as a result, whichever is greater. C. Small cell equipmentwireless facilities design. Small cell equipmentwireless facilities shall comply with the design standards set forth within this section. 1. Color. Small cell equipmentwireless facilities antennas, conduit, mounting hardware, and equipment cabinets shall be painted a neutral color to that matches or is similar to the color of the utility pole, or, cell equipmentwireless facilities shall be painted any color commercially available, and painting is technically feasible. 15 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!31 7/b 2. Mount. Small cell equipmentwireless facilities shall be mounted as closely to the utility pole as possibletechnically feasible, and shall not extend out more than three feet from the pole. Ground-mounted equipment is prohibited., unless otherwise approved by the director. 3. No illumination. Except as otherwise required by applicable law, small cell equipmentwireless facilities shall not be illuminated. 4. Concealed wires. Small external cables and wires shall be enclosed in a conduit so that wires are protected and not visible or visually minimized to the maximum extent feasible. The number of conduits shall be minimized to the number necessary to accommodate the small cell wireless facility, and the conduits shall be mounted as closely to the pole, while still meeting the required safety clearances necessary for the pole to remain climbable. The color of external cables and wires and conduits shall match or be similar to the color of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. All cables shall be also be concealed to the extent feasible. 5. Bulk. a. Primary small cell wireless facilities equipment enclosures shall not exceed 12 cubic feet in volume. b. Multiple antennas are permitted; provided, that the cumulative total antenna volume shall not exceed 12 cubic feet. 16 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!32 7/b c. If, due to technological reasons, the proposed equipment enclosures do not comply with this subsection, the director may approve primary small cell wireless facilities equipment enclosures up to 28 cubic feet in volume following a submission to the director demonstrating that the proposal includes the smallest small cell equipment enclosure that is technologically feasible for the specific small cell wireless facility. Similarly, the director may approve an increase of the cubic feet allowance for antennas. 6. Stickers. The use of stickers on utility poles should be minimized to the extent feasible. Sec. 6.16.060. Small cell equipmentwireless facilities design standards and aesthetic requirements on city-owned infrastructure and other streetlight standards. A. General considerations. 1. In order to install small cell equipmentwireless facilities on city- owned infrastructure or other streetlight standards not owned by the city within the right-of-way, the existing city-owned pole must be removed and replaced with a combination pole meeting the requirements of KCC 6.16.040, General requirements, and this section. Alternatively, the director may approve the installation of a combination pole in a location where it has been identified that a streetlight is necessary and if the installation of the combination pole complies with the lighting criteria set forth in the City of Kent Design and Construction Standards. Light standards outside of the right-of-way in non-residential zoning districts need not be replaced with a 17 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!33 7/b combination pole, but shall otherwise comply with the requirements of this chapter. 2. Three Four stylestypes of combination poles are allowed: (a) combination pole with a canister or shroudedand/or antennas; (b) combination pole with equipment shroud; and (c) combination pole with canister and/or shrouded antennas and equipment shroud; and (d) combination pole with equipment and antennas within the pole;, as generally depicted in Exhibit A at the end of this section. Equipment is also permitted in the base of the pole, so long as the base meets the requirements within this section 6.16.060. B. Requirements for all combination poles. 1. The design of a combination pole shall match be substantially similar to the existing city-owned infrastructure or other streetlight standard installed adjacent to the proposed combination pole and substantially conform to the depictions in Exhibit A at the end of this section or those subsequently adopted in the City of Kent Design and Construction Standards. The same combination pole shall be used in the same corridor, in a defined area with adopted design standards or guidelines, or within a neighborhood to maintain a cohesive appearance, unless the director approves the installation of a different style of combination pole.. 2. The height of any combination pole replacing city-owned infrastructure or other streetlight standard including antennas shall be: 50 feet or less; or not extended to a height of more than 10 percent above its preexisting height as a result, whichever is less. The height of a combination 18 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!34 7/b pole installed at a new location pursuant to subsection (A)(1) of this section shall be approved by the director. 3. The diameter of the combination pole shall be no larger than 16 inches. The director may approve a diameter up to 20 inches if an applicant can demonstrate that more space is needed. 4. No horizontal flat spaces greater than one and one-half inches shall exist on the combination pole to prevent cups, trash, and other objects from being placed on the pole. 5. All wiring and cabling shall be internal to the combination pole. 6. Any antenna(s) or equipment shroud shall be colored to match or be similar to the combination pole. 7. Any splicing of wiring and cabling shall be underground. 8. The luminaire shall be mounted at the same height as surrounding luminaires. 9. All mounting brackets, anchor bolts, and other hardware connections shall be concealed. C. Requirements for specific combination pole types. 1. Combination pole with canister or shrouded antenna. 19 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!35 7/b a. The antenna shall be a canister or shrouded antenna and mounted at the top of the combination pole. There shall be a smooth transition between the upper part of the pole and the antenna and the antenna shall be integrated so that it appears as a continuation of the original pole. Antennas shall be scaled to be a maximum of 1.25 times the diameter of the pole at the antenna-mounting location. b. The canister antenna and/or antennas shroud shall be colored to match or be similar to the combination pole. 2. Combination pole with equipment shroud. a. In place of an antenna at the top of the combination pole, a single external shroud containing the antenna and other equipment mounted to the pole will be allowed. b. The shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment is hidden from view. 3. Combination pole with canister or shrouded antenna and equipment shroud. a. This type of combination pole is allowed when various small cell technologies (e.g., LTE and 5G) provided by a single carrier are installed on the same pole. The applicant must demonstrate that the additional technology cannot be integrated into the equipment cabinet or the canister antenna. 20 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!36 7/b a. The antenna shall be a canister or shrouded antenna and mounted at the top of the combination pole. There shall be a smooth transition between the upper part of the pole and the antenna and the antenna shall be integrated so that it appears as a continuation of the original pole. Antennas shall be scaled to be a maximum of 1.25 times the diameter of the pole at the antenna-mounting location. If the antenna cannot be integrated within a canister or shroud (e.g., 5G antennas), then the antennas may only be installed near the top of the pole in such a way that the wiring, cables, and equipment is hidden from view. b. The equipment shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment are hidden from view. 4. Combination pole with antenna and equipment internal to the pole. This type of combination pole conceals and integrates the equipment and antennas within the pole. All equipment and antennas shall be located internal or recessed to the appropriate enclosure. 21 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!37 7/b Fyijcju!B! Dpncjobujpo!Qpmf!xjui!Dbojtufs!ps!Tispvefe!Boufoob!!LDD!7/27/171)D*)2*! ! 22 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!38 7/b Dpncjobujpo!Qpmf!xjui!Frvjqnfou!Tispve!!LDD!7/27/171)D*)3*! ! Dpncjobujpo!Qpmf!xjui!Dbojtufs!ps!Tispvefe!Boufoob!boe!Frvjqnfou!Tispve!!LDD!7/27/171)D*)4*! ! 23 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!39 7/b Dpncjobujpo!Qpmf!xjui!Boufoob!boe!Frvjqnfou!Joufsobm!up!uif!Qpmf!!LDD!7/27/171)D*)5* ! Sec. 6.16.070. Strand mounted small wireless facilities. Small wireless facilities mounted on cable strung between existing utility poles shall conform to the following standards: A. Each strand mounted facility shall be installed to cause the least visual impact and with the minimum exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility. B. Each strand mounted facility shall not exceed three cubic feet in volume. 24 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!3: 7/b C. Only one strand mounted facility is permitted per cable between any two existing utility poles. D. The strand mounted facility shall be placed as close as possible to the nearest utility pole, and no further than five feet from the pole, unless a greater distance is technically necessary or required by the utility pole owner for safety clearance. E. Strand mounted facilities may only be located between two utility poles on a strand that is parallel to the ground and the edge of the right-of- way. F. No strand mounted facility may be located in or above the portion of the roadway open to vehicular traffic. G. Pole mounted equipment associated with strand mounted devices shall meet the requirements described in KCC 6.16.050(C). H. Ground-mounted equipment to accommodate strand mounted facilities is not permitted, except when placed in pre-existing equipment cabinets. Sec. 6.16.070080. Permits. Permits approved pursuant to this section shall be subject to the following findings by the director: (A) that the applicant has an executed franchise or limited license agreement with the city; and (B) the applicant has an executed master license agreement with the city if any component of the proposed small cell equipment orwireless facility involves use of city-owned infrastructure. 25 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!41 7/b SECTION 3. - Amendment. Section 15.08.035 of the Kent City Code Sec. 15.08.035 Wireless telecommunications facilities. A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals: 1. Protecting residential areas from potential adverse impacts; 2. Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently; 3. Encouraging location in nonresidential areas; 4. Minimizing the total height of towers within the community; 5. Encouraging the joint use of new and existing sites; 6. Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques; and 26 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!42 7/b 7. Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations. In furtherance of these goals, the city shall give due consideration to the environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B. Definitions. As used in this section only, the following terms shall have the meanings set forth below: Abandon or abandonment means: 1. To cease operation for a period of 180 or more consecutive calendar days; or 2. To reduce the effective radiated power of an antenna by 75 percent for 180 or more consecutive calendar days unless new technology or the construction of additional cells in the same locality allows reduction of effective radiated power by more than 75 percent, so long as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waves. 27 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!43 7/b Backhaul network WTFs/towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view. Colocate means use of a WTF by more than one service provider. COW means cell on wheels or cellular on wheels. EIA means Electronic Industries Association. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is typically over 100 feet tall and is steadied by guy wires in a radial pattern around the tower. Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas. 28 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!44 7/b Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. A lattice tower shall not include a replacement utility pole as defined herein. Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation. A monopole tower shall not include a replacement utility pole as defined herein. Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc. Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in 47 U.S.C. Section 332(c)(7)(C), or as amended. Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval has not expired. Replacement utility pole is as defined in KCC 6.16.030.H and subject to the requirements set forth within KCC 6.16.040. Small wireless facilities cell equipment means wireless telecommunications facilities that meet each of the following conditions: attached, mounted, or installed on a proprietary or leased pole, exclusing monopole towers, that is located in right-of-way and used to provide personal wireless service. 29 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!45 7/b 1. The facilities - a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR § 1.1320(d); or b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR § 1.1320(d)), is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre- existing associated equipment on the structure, is no more than 28 cubic feet in volume. Telecommunications means the transmission, between or among points in the form or content of the information as sent and received. Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 30 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!46 7/b Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telecommunications, telephone, radio, and similar communication purposes, including lattice towers and monopole towers. The term includes the structure, all structural supports, and all related buildings and appurtenances. A tower shall not include a replacement utility pole as defined herein. Whip antenna means an omnidirectional dipole antenna of cylindrical shape that is no more than six inches in average diameter. Wireless telecommunications facility or WTF 47 U.S.C. Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services. C. Applicability. 1. New uses. All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) of this section. 31 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!47 7/b D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning districts., unless otherwise listed herein: 1. Existing uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities. 2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. 3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. 4. Home satellite services. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property. 5. COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed 30 days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency. 6. Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not limited to, the regional 911 system. 32 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!48 7/b 7. Replacement utility polesSmall cell equipment. Small cell equipment, Replacement utility poles containing wireless or small wireless facilities or equipment, as defined in subsection (B) of this section, subject to a specific agreement with the city, and all requirements provided in KCC 6.16.040provided such equipment complies with concealment features stipulated in such agreements. E. General. 1. Principal or accessory use. WTFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot. 2. Not essential services. WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services. F. General requirements. 1. Siting. Anyone who applies to construct a WTF or to modify or the proposed facility is located at the least obtrusive and the most appropriate 2. FCC licensing. The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has 33 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!49 7/b agreements with an FCC licensed telecommunications provider for use or lease of the facility. 3. Compliance with other laws. Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules, and regulations. 4. Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot. 5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria: a. For a single user, up to 90 feet in height; and b. For two or more users, up to 120 feet in height. 6. Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less than six feet in height; provided, however, that the planning director may waive these requirements, as appropriate. 7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound; provided, 34 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!4: 7/b however, that the planning director may waive these requirements if the goals of this section would be better served. 8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9. Aesthetics. WTFs shall meet the following requirements: a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness. b. At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment. 10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area. 11. Measurement. For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. 35 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!51 7/b 12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning manager. 13. Signs. No signs shall be allowed on an antenna or tower. 14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified. G. Tower requirements. 1. Tower setbacks. All towers, support structures, and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2. Support systems setbacks. All guy wires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five feet to any property line. 3. Monopole construction required. All towers will be of a tapering monopole construction; however, the planning director may allow another type of tower upon a showing that it would cause less impact to the 36 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!52 7/b surrounding property than a similar monopole structure or would further the purposes and goals in this section. 4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one mile of its borders, including specific information about the location, height, and design of each facility. 5. EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA standards. Prior to issuance of a building permit, n meets or exceeds those standards. 6. Site selection and height. Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies: a. Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential colocation; and b. Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provide the best opportunity to minimize the visual impact of the proposed facility; and 37 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!53 7/b c. Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas. The facility should be camouflaged to the maximum extent feasible. 7. Colocation priority. Colocation of antennas by more than one carrier on existing towers is preferred to construction of new towers; provided, that the colocation is consistent with the following: a. Redesign restrictions. A tower that is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical. b. Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing tower may be modified or rebuilt to a feet, whichever is lower, to accommodate the colocation by another provider or operator of an additional antenna system in any district except DC, DCE, NCC, and all SR districts. This additional height shall not require an additional distance separation. c. Onsite relocation. A tower that is being rebuilt to accommodate the colocation of an additional antenna may be relocated on its existing site within 50 feet of its existing location. If consistent with the purposes and goals in subsection (A) of this section, the planning director may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands. 38 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!54 7/b 8. Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the planning director through issuance of a minor conditional use permit. Ubcmf!2! Mono-Mono- pole pole 75 feet less in than height 75 or feet in !!Lattice!Guyed!greater!height! Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 feet in 1,500 1,500 1,500 750 height or greater Monopole less than 750 750 750 750 75 feet in height 39 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!55 7/b H. Administratively approved WTFs. The planning director may administratively approve the uses listed in this subsection once each applicant has applied for and provided all necessary information required in this code and in the classified as a Process I application and is subject to the requirements of Chapter 12.01 KCC. 1. Administratively approved uses. The following uses may be approved by the planning director after conducting an administrative review: a. Industrial/commercial zones. Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed 90 feet in height for a single user and 120 feet in height for two or more users in the following districts: MA, I1, I2, I3, CM, GC, and GWC. b. Antennas on existing structures. Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight dwelling units in any zoning district, provided: i. The antenna does not extend more than 20 feet above the highest point of the structure if a whip antenna, or 10 feet above the highest point of the structure if a non-whip antenna; and ii. The antenna complies with all applicable building codes; and 40 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!56 7/b iii. All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials. c. WTFs on existing towers. Locating a WTF through colocation by attaching the antenna to an existing tower. d. WTFs within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district. e. COWs for greater than 30-day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within 30 days), locating a COW at a single location for more than 30 calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination. 2. Authority to waive certain requirements. In connection with this administrative approval, the planning director may, in order to encourage camouflaging and colocation of WTFs, administratively waive separation distance requirements between WTFs by up to 50 percent in nonresidential zones. Additionally, the planning director may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use. 41 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!57 7/b I. Minor conditional use permits. Applications for minor conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15.09.032 and Chapter 12.01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section, then a minor conditional use permit shall be required. 1. Minor conditional WTF uses. Specifically, minor conditional use permits shall be required for the following WTFs: a. Industrial/commercial zones. Locating WTFs that exceed 90 feet in height for a single user or 120 feet for two or more users or locating antennas on existing structures that exceed the height limitations in subsection (H)(1)(b) of this section in the following districts: MA, I1, I2, I3, CM, GC, and GWC. b. Government property, excluding right-of-way. Locating WTFs (i) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, excluding right-of-way or (ii) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, excluding right-of-way, exceeding the height limitations in subsection (H)(1)(b) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed 120 feet, unless permitted under subsection (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE, and NCC districts. 42 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!58 7/b c. WTFs exceeding allowable building height. Locating WTFs that exceed the allowable building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10. d. Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in subsection (G)(8) of this section or that do not meet administratively approved separation distance limits. 2. Factors considered in granting minor conditional use permits for towers. In addition to KCC 15.09.030(D), the planning director shall also consider the following factors when considering a MCUP application for WTF towers: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 43 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!59 7/b g. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures; h. Obstruction of or interference with views; i. Consistency with purpose and goals set forth in subsection (A) of this section. 3. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, proposed WTF may consist of any of the following: a. No existing WTF is located within the geographic area b. Existing WTFs are not of sufficient height to meet 44 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!5: 7/b c. Existing WTFs cannot practically be reconstructed to antenna and related equipment. d. Electromagnetic interference would occur between two or more WTF systems. e. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for colocation are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable. f. Other limiting factors render existing WTFs unsuitable. g. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable. 4. Separation requirements. The planning director may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower loca specifically discouraged wherever possible. J. Removal of abandoned towers. 45 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!61 7/b 1. Abandonment and removal. The owner or operator of any r, in writing, of that abandonment and shall remove the same within 90 calendar days. Failure to remove an abandoned tower within 90 calendar days shall be grounds to a single tower effective until all users abandon the tower. 2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top 20 percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned. The owner or operator of any partially abandoned tower abandonment and shall remove the partially abandoned portion within 90 calendar days. Failure to remove a partially abandoned tower within 90 calendar days shall be grounds to remove the abandoned portion of the 3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may removing the abandoned structures. If the owner or operator fails to make full payment within 30 calendar days, then the amount remaining unpaid shall become a lien on the facility property. 46 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!62 7/b K. Nonconforming uses. 1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. 2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a minor conditional use permit and without having to meet separation requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) of this section. SECTION 4. Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are 47 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!63 7/b authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: , CITY ATTORNEY 48 Amend KCC 6.16 - Re: Utility Design Standards Buubdinfou;!DJUZ!PG!LFOU!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu!pg!Xbz!.!7/41/3132!!)3878!;!Tnbmm!Dfmm* in the Right-of-Way and KCC 6.15.050 and 15.08.035 Re: Wireless Telecommunications Facilities Qbdlfu!Qh/!64 8 LAND USE AND PLANNING BOARD 220 Fourth Ave S Kent, WA 98032 DATE: July 12, 2021 TO: Land Use and Planning Board FROM: Economic and Community Development SUBJECT: House Bill 1220 SUMMARY: During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill makes changes to the Growth Management Act, specifically through increasing the requirements of the Housing Element of the Comprehensive Plan; it also defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing. Staff will provide an overview of the bill, including known and unknown characteristics of the relevant types of housing/facilities, and discuss the potential SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Qbdlfu!Qh/!65