HomeMy WebLinkAbout05-08-2023 - Agenda Packet
MEDINA CITY COUNCIL
Monday, May 08, 2023
5:00 PM – REGULAR MEETING
AGENDA
VISION STATEMENT
Medina is a family-friendly, diverse and inclusive community on the shores
of Lake Washington. With parks and open spaces, Medina is a quiet and
safe small city, with active and highly-engaged residents. Medina honors its
heritage while preserving its natural environment and resources for current
and future generations.
MISSION STATEMENT
Ensure efficient delivery of quality public services, act as responsible
stewards of Medina's financial and natural resources, celebrate diversity,
leverage local talent, and promote the safety, health, and quality of life of
those who live, work, and play in Medina.
1
MEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING
Hybrid - Virtual/In-Person
Monday, May 08, 2023 – 5:00 PM
AGENDA
MAYOR | Jessica Rossman
DEPUTY MAYOR | Randy Reeves
COUNCIL MEMBERS | Cynthia F. Adkins, Jennifer Garone, Harini Gokul, Mac Johnston,
Bob Zook
CITY MANAGER | Stephen R. Burns
CITY ATTORNEY | Scott Missall
CITY CLERK | Aimee Kellerman
Virtual Meeting Participation
The Medina City Council has moved to hybrid meetings, offering both in-person and online
meeting participation. In accordance with the direction from Governor Inslee, masking and social
distancing will be optional for those participating in person. Individuals who are participating online
and wish to speak live must register their request with the City Clerk at 425.233.6411 or email
akellerman@medina-wa.gov and leave a message before 2PM on the day of the May 8th Council
meeting. Please reference Public Comments for May 8th Council Meeting on your
correspondence. The City Clerk will call on you by name or telephone number when it is your turn
to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you
reach the 3 minute limit. The city will also accept written comments. Any written comments must
be submitted by 2 PM on the day of the May 8th Council meeting to the City Clerk at
akellerman@medina-wa.gov.
Join Zoom Meeting
Meeting ID: 832 5227 3105
Passcode: 589036
One tap mobile
+12532158782,,83252273105# US (Tacoma)
1. REGULAR MEETING - CALL TO ORDER / ROLL CALL
Council Members Adkins, Garone, Gokul, Johnston, Reeves, Rossman and Zook
2. APPROVAL OF MEETING AGENDA
3. PUBLIC COMMENT PERIOD
Individuals wishing to speak live during the Virtual City Council meeting will need to
register their request with the City Clerk at 425.233.6411 or email akellerman@medina-
wa.gov and leave a message before 2PM on the day of the May 8th Council meeting.
2
Please reference Public Comments for May 8th Council Meeting on your correspondence.
The City Clerk will call on you by name or telephone number when it is your turn to speak.
You will be allotted 3 minutes for your comment and will be asked to stop when you reach
the 3 minute limit.
4. PRESENTATIONS
4.1 Reports and announcements from Park Board, Planning Commission, Emergency
Preparedness, and City Council.
Time Estimate: 10 minutes
5. CITY MANAGER'S REPORT
Time Estimate: 20 minutes
Police, Development Services, Finance, Central Services, Public Works, City Attorney
5.1a City Manager Monthly Report
5.1b Police Monthly Report
5.1c Development Services Monthly Report
5.1d Finance Monthly Report
5.1e Central Services Monthly Report
5.1f Public Works Monthly Report
6. CONSENT AGENDA
Time Estimate: 5 minutes
Consent agenda items are considered to be routine and will be considered for adoption
by one motion. There will be no separate discussion of these items unless a
Councilmember or City staff requests the Council to remove an item from the consent
agenda.
6.1 April 2023 - Check Register
Recommendation: Approve.
Staff Contact: Ryan Wagner, Finance Director
6.2 Draft Meeting Minutes of:
a) April 10, 2023; and
b) April 24, 2023.
Recommendation: Adopt minutes.
Staff Contact: Aimee Kellerman, CMC, City Clerk
6.3 Proclamation recognizing “National Police Week” and Peace Officer Memorial Day”
Recommendation: Approve.
Staff Contact: Jeffrey R. Sass, Chief of Police
3
6.4 Public Defender Contract for Court
Recommendation: Approve.
Staff Contact: Jeffrey R. Sass, Chief of Police
7. LEGISLATIVE HEARING
None.
8. PUBLIC HEARING
None.
9. CITY BUSINESS
9.1 Park Use Permit Pilot Program
Recommendation: Approve Proposed Pilot Program
Staff Contacts: Stephen R. Burns, City Manager and Aimee Kellerman, CMC, City
Clerk
Time Estimate: 15 minutes
9.2 Comprehensive Plan Update
Recommendation: Discussion item only; no action needed.
Staff Contact: Stephanie Keyser, Planning Manager
Time Estimate: 20 minutes
9.3 New Housing Legislation
Recommendation: N/A
Staff Contact: Stephanie Keyser, Planning Manager
Time Estimate: 20 minutes
9.4 Small Wireless Facility Permit Process
Recommendation: Discussion item only; no action needed.
Staff Contact(s): Emily Romanenko, Assistant City Attorney and Steve Wilcox,
Development Services Director
Time Estimate: 30 minutes
10. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE
11. PUBLIC COMMENT
Comment period is limited to 10 minutes. Speaker comments limited to one minute per
person.
4
12. EXECUTIVE SESSION
RCW 42.30.110 (1)(i)
To discuss with legal counsel representing the agency matters relating to agency
enforcement actions, or to discuss with legal counsel representing the agency litigation
or potential litigation to which the agency, the governing body, or a member acting in an
official capacity is, or is likely to become, a party, when public knowledge regarding the
discussion is likely to result in an adverse legal or financial consequence to the agency.
13. ADJOURNMENT
Next meeting Joint City Council and Planning Commission Meeting: May 22, 2023 at 5
PM.
5
ADDITIONAL INFORMATION
Public documents related to items on the open session portion of this agenda, which are
distributed to the City Council less than 72 hours prior to the meeting, shall be available for public
inspection at the time the documents are distributed to the Council. Documents are available for
inspection at the City Clerk's office located in Medina City Hall.
The agenda items are accessible on the City’s website at www.medina-wa.gov on Thursdays or
Fridays prior to the Regular City Council Meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification
or accommodation, including auxiliary aids or services, to participate in this meeting, please
contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting.
UPCOMING MEETINGS AND EVENTS
Thursday, May 11, 2023 – Open House – Gas Leaf Blowers (5:00 PM – 6:30 PM)
Monday, May 15, 2023 - Park Board Meeting (5:00 PM)
Monday, May 22, 2023 - City Council Meeting (5:00 PM)
Tuesday, May 23, 2023 - Planning Commission Regular Meeting (6:00 PM)
Monday, May 29, 2023 - Memorial Day – City Hall Closed
Monday, June 12, 2023 - City Council Meeting (5:00 PM)
Monday, June 26, 2023 - City Council Meeting (5:00 PM)
Tuesday, June 27, 2023 - Planning Commission Regular Meeting (6:00 PM)
Tuesday, July 4, 2023 - Independence Day - City Hall Closed
Monday, July 10, 2023 - City Council Meeting (5:00 PM)
Monday, July 17, 2023 - Park Board Meeting (5:00 PM)
Monday, July 24, 2023 - City Council Meeting (5:00 PM)
Tuesday, July 26, 2023 - Planning Commission Regular Meeting (6:00 PM)
Wednesday, August 9, 2023 – Emergency Preparedness Meeting (4:00 PM)
Monday, August 14, 2023 - City Council Meeting - Dark No Meeting
Monday, August 28, 2023 - City Council Meeting - Dark No Meeting
Monday, September 4, 2023 - Labor Day - City Hall Closed
Monday, September 11, 2023 - City Council Meeting (5:00 PM)
Monday, September 18, 2023 - Park Board Meeting (5:00 PM)
Monday, September 25, 2023 - City Council Meeting (5:00 PM)
Tuesday, September 26, 2023 - Planning Commission Regular Meeting (6:00 PM)
Monday, October 9, 2023 - City Council Meeting (5:00 PM)
Monday, October 23, 2023 - City Council Meeting (5:00 PM)
Tuesday, October 24, 2023 - Planning Commission Regular Meeting (6:00 PM)
Friday, November 10, 2023 - Veterans Day - City Hall Closed
Monday, November 13, 2023 - City Council Meeting (5:00 PM)
Monday, November 20, 2023 - Park Board Meeting (5:00 PM)
Thursday, November 23, 2023 - Thanksgiving Holiday - City Hall Closed
Friday, November 24, 2023 - Day After Thanksgiving Holiday - City Hall Closed
Monday, November 27, 2023 - City Council Meeting (5:00 PM)
Monday, December 11, 2023 - City Council Meeting (5:00 PM)
Wednesday, December 13, 2023 – Emergency Preparedness Meeting (4:00 PM)
Monday, December 25, 2023 - Christmas Day - City Hall Closed
6
CERTIFICATION OF POSTING AGENDA
The agenda for Monday, May 8, 2023 Regular Meeting of the Medina City Council was posted
and available for review on Friday, May 5, 2023 at City Hall of the City of Medina, 501 Evergreen
Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-
wa.gov.
7
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: May 8, 2023
To: Honorable Mayor and City Council
From: Stephen R. Burns, City Manager
Subject: City Manager Report
State Route 520 Expansion Joint - The University of Washington completed their
final work on the Phase 2 joint noise mitigation study in January 2023. WSDOT and UW
prepared a proposal for funding Phase 3 study to further research the long-term
durability of their product. The funding was presented to the Legislature for Phase 3 but
was not included in the final 2023 Washington State Transportation Budget. Staff is
working with lobbyists and legislators to work to get it included in the 2024 Supplemental
budget.
The City Council has identified six goals and priorities for staff to work on in 2023.
Below are the goals and status update.
o Create a clear timeline and protocols for Council projects to include no
new code without an enforcement plan.
City staff is working on this with a tentative timeline to report back
to Council in the Fall of 2023.
o Strategy for creative revenue sources, relook at fine structure and
compare or calibrate with other cities.
Development Services Director Steve Wilcox provided an update
to the City Council on February 27 covering short-term and long-
term budget outlook and stabilization for Development Services.
Looking forward, one item we will continue to monitor is the fee
schedule to ensure it accurately reflects cost recovery.
o Implement a full HR system that covers employee lifecycle.
Finance/HR Director Ryan Wagner has implemented the first
phase of implementing a full-service Human Resources program
that will standardize Medina employment requirements. The first
phase was moving the city staff from paper timesheets to a fully
automated payroll software solution through ADP. The city went
live with this solution on May 1, 2023. The Finance department will
continue the buildout of phase 2 for the Human Resources piece
that includes hiring, onboarding, and managing HR compliance.
City staff estimates that this will be ready to come to Council in the
Summer 2023.
8
AGENDA ITEM 5.1a
o Add each department's business lines and service levels on the website.
Central Services Director Aimee Kellerman is working with staff to
include business lines and service levels on the city website. In
addition, the city staff is working to improve the search capabilities
of the city website. Each department director has been busy
revising their written business lines and service levels from 2019.
The department’s business lines, and service levels will be on each
department’s web page by mid-May.
o Research and develop a plan for undergrounding utilities; and
Public Works Director Ryan Osada provided an update to the
Council at the April 24 City Council Meeting. Staff will create a web
page about undergrounding utilities with updated FAQ’s as
directed by Council. This page is expected to be live by the end of
May or first week of June.
o Research available options for reducing ghost homes.
City Attorney Scott Missall is researching options and will be
providing a brief to Council in the Fall of 2023.
Gas-Powered Leaf Blower Education Plan – City staff has created an education
and resource page on the city’s website. This page includes an introduction to
what Medina is looking into, FAQs, and links to other cities that have banned or
are considering a ban on gas-powered leaf blowers. This is part of the education
and outreach regarding gas-powered leaf blowers that the Council directed to
staff. City staff will be holding an Open House at City Hall on May 11, 2023, from
5pm to 6:30pm. Councilmember Gokul and I have created a survey, which will
go out city wide the week of May 15 to get feedback regarding residents’ opinion
about gas-powered leaf blower restrictions.
Bellevue Fire Report – See Attached.
2023 City Council Calendar – See Attached.
9
AGENDA ITEM 5.1a
20180807 - Contract Cities Incident Types Date: Friday, May 5, 2023
Time: 10:59:57 AM
Incident Date between 2023-03-01 and 2023-04-01
City equal to Medina
Incident Type Group Incident Count
EMS 6
EMS Cancelled 1
False Alarm 4
Good Intent 2
Service Call 1
Page 1.
10
AGENDA ITEM 5.1a
20180807 - Contract Cities Incident Types Date: Friday, May 5, 2023
Time: 11:03:33 AM
Incident Date between 2023-04-01 and 2023-05-01
City equal to Medina
Incident Type Group Incident Count
EMS 9
False Alarm 5
Good Intent 2
Service Call 2
Page 1.
11
AGENDA ITEM 5.1a
JANUARY 9, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
SR520 Build It Faster by Carl Stixrood
and John Hutchins - SR520 Working
Group - 15 Minutes Burns Completed
Consent Agenda December 2022, Check Register Approved
Consent Agenda DRAFT CC Minutes 12/12/2022 Adopted
Consent Agenda
Resolution Supporting Mercer Island
Marine Patrol Funding
Adopted Res. No.
429
Legislative Hearing
Ordinance Approving New
Solicitation and Permitting
Regulations Sass
Adopted Ord.
No.1018
Legal Notice in
Seattle Times
12/24/2022
Public Hearing
City Business
Comp Plan Update
Keyser Completed
City Business
Gas-Powered Leaf Blower Education
and Outreach Plan Burns Completed
City Business Park Use Permit Pilot Program Burns/Kellerman Approved
JANUARY 23, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
Presentation
Consent Agenda
Consent Agenda
Consent Agenda
Legislative Hearing
Public Hearing
Public Hearing
City Business
City Arborist Presentation and
Discussion Wilcox
Discussion and
direction Completed
City Business
Tree Management Code
Amendments Wilcox Approve Approved
MEDINA CITY COUNCIL
2023 AGENDA/ACTION CALENDAR
Meetings scheduled for 5:00 pm, online (unless noticed otherwise).
12
AGENDA ITEM 5.1a
FEBRUARY 13, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
Presentation
Professional Excellence Award
Presentations - Medina Police
Department Sass completed
Consent Agenda
January and 13th Month Check
Register approved
Consent Agenda PB Minutes 11/21/2022 received
Consent Agenda PC Minutes 11/15/2022 received
Consent Agenda CC Minutes 1/9/2023 , 1/23/2023 adopted
Consent Agenda
Flock Contract for License Plate
Reader Cameras - Tentative Sass approved
Consent Agenda
Legislative Hearing
Public Hearing
City Business
Comp Plan Public Participation
Resolution Keyser adopted
City Business Comp Plan Update Keyser completed
City Business
Ordinance Amending MMC Chapter
2.24 Parks and Recreation Board and
MMC Chapter 2.28 Planning
Commission to Allow for Hybrid
Meetings and Clarify the Number of
Parks and Recreation Board Meetings Osada/Nations adopted
Executive Session
RCW 42.30.110(1)(i) Potential
Litigation completed
FEBRUARY 27, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation None
Consent Agenda None
Consent Agenda None
Legislative Hearing None
Public Hearing None
City Business
Development Services Enterprise
Budget Discussion Wilcox Discussion/Direction completed
City Business Pending Legislative Session Bills Keyser Discussion/Direction completed
13
AGENDA ITEM 5.1a
MARCH 13, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
SR-520 Noise Abatement Project
Update by University of Washington
Professor of Mechanical Engineering,
Per Reinhall - 30 Minutes Burns N/A
Presentation
Professional Excellence Award
Presentation - Medina Police
Department Sass Moved to 5/8
Consent Agenda February Check Register Approved
Consent Agenda PC Minutes Approved
Consent Agenda DRAFT CC Minutes Approved
Legislative Hearing None N/A
Public Hearing None N/A
City Business Comp Plan Update Keyser None
City Business OGCC Street Vacation Update Keyser/Romanenko Moved to 4/10
City Business Gas-Powered Leaf Blower Update Burns Moved to 4/10
MARCH 27, City Council Regular Meeting, 5:00 pm - CANCELLED
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
APRIL 10, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation None None
Consent Agenda March Check Register Approve Approved
Consent Agenda PB Minutes - January 23 Approved
Consent Agenda PC Minutes Approve Approved
Consent Agenda DRAFT CC Minutes Approve Approved
Consent Agenda
Proclamation in Recognition of
Municipal Clerks Week - Apr 30 - May
6 Approve Approved
Consent Agenda
2023 ARCH Work Program and
Budget Burns Approve Approved
Consent Agenda
Contract Approval with BVC, Inc., for
city-wide crack seal project Osada Approve Approved
Legislative Hearing None None
Public Hearing None None
14
AGENDA ITEM 5.1a
City Business Comp Plan Update Keyser None None
City Business Housing Action Plan Keyser None
City Business OGCC Street Vacation Update Keyser/Romanenko
Legislative hearing
scheduled for
6/12/2023
City Business Gas-Powered Leaf Blower Update Burns None
City Business Park Use Pilot Program Burns/Kellerman Approve Moved to 5/8
Executive Session Potential Litigation 42.30.110(1)(i)
APRIL 24, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation None None
Consent Agenda None None
Legislative Hearing None None
Public Hearing None None
City Business Undergrounding Utilities Presentation Osada Discussion/Direction None
City Business
Funding Stormwater Replacement
Options Wagner Discussion/Direction Moving Forward
City Business
Resolution Setting Public Hearing -
OGCC Street Vacation Keyser/Missall Adopt Resolution Approved
MAY 8, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
Consent Agenda April Check Register Approve
Consent Agenda DRAFT CC Minutes of 4/10 & 4/24 Adopt
Consent Agenda
National Police Week and Peace
Officer Day Proclamation Approve
Legislative Hearing None
Public Hearing None
City Business Comp Plan Update Keyser Discussion only
City Business New Housing Legislation Keyser Discussion only
City Business Park Use Pilot Program Burns/Kellerman Approve
City Business Small Wireless Facility Permit Process Romanenko Discussion only
MAY 22, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
15
AGENDA ITEM 5.1a
Presentation
Presentation
Presentation
Presentation
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Legislative Hearing
Public Hearing
Public Hearing
City Business
City Business
City Business
JUNE 12, City Council Regular Meeting, 5:00 pm
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
Professional Excellence Award
Presentation - Medina Police
Department Sass
Presentation
Presentation
Presentation
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Legislative Hearing OGCC Street Vacation Petition Keyer/Missall
Public Hearing Housing Action Plan Keyser
Public Hearing Six-Year CIP/TIP-Non-TIP Osada
City Business Comp Plan Update Keyser
City Business
T-Mobile Small Wireless Facility Site
License Agreement Romanenko
16
AGENDA ITEM 5.1a
City Business
JUNE 26, City Council Regular Meeting, 5:00 pm - CANCELLED
Item Type Topic Staff Contact Recommendation Council Action Legal Notice
Presentation
Presentation
Presentation
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Consent Agenda
Legislative Hearing
Public Hearing
Public Hearing
City Business
City Business
City Business
17
AGENDA ITEM 5.1a
MEDINA POLICE DEPARTMENT
DATE: May 8, 2023
TO: Stephen R. Burns, City Manager
FROM: Jeffrey R. Sass, Chief of Police
RE: Police Department Update – April 2023
The following is a summary highlighting some of the Medina Police Department activity in April 2023.
Follow up:
Nothing to report.
ACCESS Audit: The Medina Police Department successfully passed its A Central Computerized Enforcement
Service System (ACCESS) audit. The process involved a one-day onsite visit. Office Manager Barbara Marxer
is the Medina Terminal ACCESS Coordinator and responsible for ensuring all personnel comply with strict
state and national standards for training, technical security, and auditing. ACCESS provides
telecommunications linkage to law enforcement and other criminal justice agencies. It provides a means for
agencies to query multiple state and national databases to include systems provided by the Department of
Corrections, Department of Licensing, Parks, the Washington Crime Information Center (WACIC), and the
Washington State Identification Section (WASIS).
Criminal Justice Information Services Audit: The Medina Police Department successfully passed its
Criminal Justice Information Services (CJIS) audit. The audit confirms that the Medina Police Department is
handling sensitive and confidential information correctly.
The Washington State Patrol is required to audit the technical security for all Criminal Justice Agencies (CJA)
and Non-Criminal Justice Agencies (NCJA) who receive Criminal Justice Information (CJI)/Criminal History
Record Information (CHRI), once every three years. All standards originate from the CJIS Security Policy
which provides CJA’s and NCJA’s with a minimum set of security requirements for access to FBI CJIS Division
systems and information to protect and safeguard CJI or CHRI. This minimum standard of security
requirements ensures continuity of information protection. The essential premise of the CJIS Security Policy is
to provide the appropriate controls to protect CJI/CHRI, from creation through dissemination, whether at rest or
in transit.
National League of Young Men: On Sunday, April 23rd, Officer James Martin talked to the National League of
Young Men High Schoolers. Officer Martin discussed with the young men traffic safety, new licenses and
restrictions DUI laws, and the consequences of driving under the influence of drugs and alcohol as well as
using a cell phone while driving. Officer Martin also talked about the dangers of fentanyl and the new street
drug tranquilizer. There were approximately twenty young men between 15-16 years of age.
18
AGENDA ITEM 5.1b
Medina Police Department
April 2023
Shredder/Drug Take Back/E-Recycling Day: On Saturday, April 15th, Medina Police Department held a
Shredder/Drug-Take-Back/E-Recycle Day at Medina Park. The event was very successful. Approximately
4200 pounds of documents were shredded, over 35 lbs. of drugs were collected, and an unknown amount of
electronics were recycled. It was a good turnout. Appreciation goes out to Police Office Manager Barbara
Marxer, Police Administrative Specialist Sunita Hall, Sergeant Eric Anderson, Officers Brady Halverson, and
Christopher Hadland.
Marine Patrol:
Nothing to report.
19
AGENDA ITEM 5.1b
MEDINA POLICE DEPARTMENT
Jeff Sass, Chief of Police
MONTHLY SUMMARY
APRIL 2023
FELONY CRIMES
Mail Theft 2023-00001689 04/03/2023
A resident in the 3400 block of Evergreen Point Road contacted the Police Department
for a report of mail theft. The victim did not have a locking mailbox and stated that a
piece of mail containing a check was stolen. No further leads.
Fraud 2023-00001756 04/07/2023
A resident contacted the Police Department for a fraud report. The victim discovered
that an AT&T account had been opened fraudulently in their name earlier in the year. No
monetary loss.
Mail Theft 2023-00001899 04/11/2023
A Police Officer was dispatched to the 3300 blk of Evergreen Point Road for a theft
report. The locking mailbox was pried open and a package containing clothing was
stolen. The approximate value of the package is $100. No further leads.
MISDEMEANOR CRIMES
Trespass 2023-00001754 04/07/2023
A Police Officer was dispatched to the 1800 block of 73rd Ave NE for a report of a
subject trespassing on the property. The subject was contacted, and a Notice of Trespass
letter was issued to the subject.
Trespass 2023-00001767 04/08/2023
A Police Officer was dispatched to the 1800 block of 73rd Ave NE for a report of a
subject trespassing on the property. The subject had been previously given a written
warning to not return to the property but returned, violating the terms of the trespass
warning letter. The subject was arrested for criminal trespass in the second degree.
Theft 2023-00002102 04/29/2023
A Police Officer was dispatched to the 1200 block of Evergreen Point Road for a theft
report. The resident reported that their front license plate was missing from their vehicle.
Unknown if it was stolen. No suspects at this time.
20
AGENDA ITEM 5.1b
CRIMES Current Month YTD 2023 YTD 2022 Year-End 2022
Burglary 01410
Vehicle Prowl 0134
Vehicle Theft 0237
Theft (mail & all other)412410
ID Theft/Fraud 15416
Malicious Mischief (Vandalism)2825
Domestic Violence/Violation of
No Contact Order 0325
Disturbance, Harassment & Non-DV Assault 04319
TOTAL CRIMES 7 36 25 76
COMMUNITY POLICING
Drug Violations - Referrals to Treatment 0001
Community Assists 10 63 37 139
House Watch Checks 53 272 208 595
School Zone 77283216
Mental Health 310839
TOTAL ENFORCEMENT 73 417 336 990
TRAFFIC
Collisions
Injury0202
Non-Injury0636
Non-Reportable0001
Traffic Stops
Citations/Infractions/Parking 14 71 117 250
Warnings 115 701 492 1426
TOTAL TRAFFIC 129 780 612 1685
CALLS FOR SERVICE
Animal Complaints 3 131146
Residential Alarms 18 74 74 255
Missing Person 0215
Suspicious Activity/Area Check 28 70 74 219
Medical Call/Assist Fire Department 1 4 14 29
Juvenile (underage party, substance use, etc.)0017
TOTAL SERVICE 50 163 175 561
*This report does not include all calls for service handled by Medina Police Officers. It is meant to be an overview of
general calls for service within the specified reporting period.
MEDINA POLICE DEPARTMENT
Jeffrey R. Sass, Chief of Police
City of Medina
April 2023 - Monthly Report
21
AGENDA ITEM 5.1b
MEDINA POLICE DEPARTMENT
Jeffrey R. Sass, Chief of Police
MONTHLY SUMMARY
APRIL 2023
FELONY CRIMES
Theft 2023-00002106 04/30/2023
A resident contacted the Police Department to report several items missing from their
residence. There were no signs of forced entry, and the resident believes that someone
who had access to their residence while they were out of town likely stole the items.
Police are actively investigating.
MISDEMEANOR CRIMES
Nothing to report.
22
AGENDA ITEM 5.1b
CRIMES Current Month YTD 2023 YTD 2022 Year-End 2022
Burglary 0 0 0 1
Vehicle Prowl 0 0 0 0
Vehicle Theft 0 0 0 0
Theft (mail & all other)1 1 1 4
ID Theft/Fraud 0 2 0 2
Malicious Mischief (Vandalism)0 1 0 2
Domestic Violence/Violation of
No Contact Order 0 1 0 1
Disturbance, Harassment & Non-DV Assault 0 1 2 5
TOTAL CRIMES 1 6 3 15
COMMUNITY POLICING Current Month YTD 2023 YTD 2022 Year-End 2022
Drug Violations - Referrals to Treatment 0 0 0 0
Community Assists 3 7 2 17
House Watch Checks 7 16 25 60
Mental Health 0 1 2 11
TOTAL ENFORCEMENT 10 24 29 88
TRAFFIC Current Month YTD 2023 YTD 2022 Year-End 2022
Collisions
Injury 0 0 0 0
Non-Injury 0 0 0 1
Non-Reportable 0 0 0 1
0
Traffic Stops 0 0 0
Citations/Infractions/Parking 4 27 36 82
Warnings 26 165 83 289
TOTAL TRAFFIC 30 192 119 373
CALLS FOR SERVICE Current Month YTD 2023 YTD 2022 Year-End 2022
Animal Complaints 0 2 1 4
Residential Alarms 2 9 9 32
Missing Person 0 0 0 0
Suspicious Activity/Area Check 0 2 5 23
Medical Call/Assist Fire Department 0 0 3 5
Juvenile (underage party, substance use, etc.)0 1 0 1
TOTAL SERVICE 2 14 18 65
*This report does not include all calls for service handled by Medina Police Officers. It is meant to be an overview of
general calls for service within the specified reporting period.
MEDINA POLICE DEPARTMENT
Jeffrey R. Sass, Chief of Police
Town of Hunts Point
April 2023- Monthly Report
23
AGENDA ITEM 5.1b
2023 Burglaries & Vehicle Prowls
Medina & Hunts Point
Prior Month(s) Burglaries
Current Month Vehicle Prowls
24
AGENDA ITEM 5.1b
1
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: May 8, 2023
To: Honorable Mayor and City Council
Via: Stephen R. Burns, City Manager
From: Steven R. Wilcox. Development Services Department Director
Subject: Development Services Department Monthly Report
Permit Activity
At the current pace of building permit applications, we would be on-target for what was
anticipated for 2023 for permit valuation. Development Services does remain behind 2022
permit valuation by over 30%.
The first quarter financial data provided by our Finance Department staff shows that
expenses are very accurate as budgeted. Revenues are slightly behind, but likely to be
further off budget by mid-year. Some of our first quarter 2023 revenue is a continuation of
permit application fees that were collected from 2022 permit applications.
Because the first 4-months of a calendar year are typically some of the busiest for
permitting, it would be unusual for a correction in volume to occur that would greatly improve
our current financial outlook, but it is possible.
This month we have 4-Construction Activity Permit Open Houses scheduled. Two of these
open houses are associated with 2022 permit applications, and two are 2023 applications.
Planning Commission
By Stephanie Keyser
Planning Commission held a public hearing on the Housing Action Plan at their May 2nd
Special Meeting. Four members of the public were present (three in person and one online).
The Commissioners have asked for an opportunity to edit and provide written comments on
the Housing Action Plan prior to voting on it at their Special Meeting on May 24th.
T-Mobile Informational Meeting
T-Mobile conducted an “Informational Meeting” on April 26th at Medina City Hall. The
meeting was well attended. T-Mobile and their representatives seemed to have prepared
well to answer resident questions.
Included in this report is the notice distribution list that T-Mobile provided to the City in
compliance with MMC 15.14.030(F), as well as the comments T-Mobile collected during the
25
AGENDA ITEM 5.1c
2
Informational Meeting. As previously noted, the informational meeting was for the public’s
information and was not a hearing nor part of the land use appeal process.
The distribution list font is difficult to read as well as some of the hand-written comments.
Please let me know if I can send you a copy of the distribution list and comments by email
which should be easier to read. swilcox@medina-wa.gov
The T-Mobile building permit application for a new “Small Wireless Facility” located within
the public right of way on 84th Ave. NE adjacent to 247 84th Ave. NE is under review. The
facility essentially consists of a new tower, an underground equipment vault, and
underground cable between the two structures. The reviews are being conducted within the
Development Services Department using staff and consultants under application number
B-23-001.
Our consultants are currently reviewing the building permit application for compliance with
our Tree Management Code, Grading and Drainage, and Building Code. A separate review
for compliance with our Small Wireless Facility Code Chapter 15.14 is the Development
Services Directors responsibility.
Once T-Mobile has hired a contractor a Medina issued Right of Way permit will be needed
to address use of 84th Ave. NE during construction and reconstruction of any altered city
owned property.
The permits will not allow for any work on private property. Any need for use of private
property use will be a private agreement outside of Medina’s permitting.
King County Wastewater Pump Station Maintenance Project
We are waiting for King County to choose a contractor. Without a contractor King County
does not have details needed to complete notifications to residents affected by the July
2023 project.
The work is anticipated to be started early July and last 2-4 weeks with significant disruption
of nearby residents due to outdoors temporary pumps, and one full night of trucking and
work. More information to come as we know it.
Tree Code Enforcement
The most significant and disturbing matter we have had in some time is the illegal cutting of
two trees within the public right of way adjacent to 227 Upland Road.
With assistance of a nearby neighbor who took photos of the tree removal company trucks
we are now able to pursue this matter. We do not have evidence as to the property owner
who hired the tree removal company.
Unfortunately, the 31” Fir and 28” Cedar are destroyed. Medina will need to remove the
remains of the two trees, but will leave the stumps due to property damage that could occur.
Cost of the removals will be the responsibility of the tree removal company.
Please see the two reports provided by our arborists to see other activity we were involved
with in April.
26
AGENDA ITEM 5.1c
3
Permit Tracking and Public Portal
As previously mentioned, we are exploring the possibility of replacing our permit tracking
software including our public portal. Medina staff member Rebecca Bennet is on the
Steering Committee for this project.
This City of Bellevue lead project is developing slowly. There are many local jurisdictions
involved with this effort. Costs have not been determined but will be divided in some manner
among the number of participants.
A more detailed explanation of this will be provided to Council as the details of the project
become available.
27
AGENDA ITEM 5.1c
Permit Type Submitted Date Permit Number Total Valuation Address
B-ADD/ALT 04/12/2023 B-23-029 $40,000.00 7842 NE 14TH ST
B-ADD/ALT 04/12/2023 B-23-030 $950,000.00 525 OVERLAKE DR E
B-ADD/ALT 04/13/2023 B-23-032 $4,831.00 7600 NE 16TH ST
TOTAL B-ADD/ALT:3 $994,831.00
B-DEM 04/04/2023 D-23-003 2438 79TH AVE NE
B-DEM 04/04/2023 D-23-004 3655 EVERGREEN POINT RD
B-DEM 04/04/2023 D-23-005 3655 EVERGREEN POINT RD
B-DEM 04/28/2023 D-23-006 2213 EVERGREEN POINT RD
B-DEM 04/30/2023 D-23-007 2626 EVERGREEN POINT RD
TOTAL B-DEM:5 $0.00
B-FENCE 04/13/2023 B-23-034 $13,960.00 1800 77TH AVE NE
B-FENCE 04/05/2023 B-23-026 $25,000.00 2426 80TH AVE NE
B-FENCE 04/24/2023 B-23-035 $10,899.00 7808 NE 12TH ST
B-FENCE 04/07/2023 B-23-028 $2,500.00 7720 NE 24TH ST
B-FENCE 04/13/2023 B-23-033 $13,960.00 1686 77TH AVE NE
April 2023 Permit Applications Received
28
AGENDA ITEM 5.1c
B-FENCE 04/26/2023 B-23-037 $10,000.00 2039 77TH AVE NE
B-FENCE 04/26/2023 B-23-036 $22,000.00 7613 OVERLAKE DR W
TOTAL B-FENCE:7 $98,319.00
B-GAS 04/05/2023 G-23-004 2426 80TH AVE NE
B-GAS 04/14/2023 G-23-005 3430 EVERGREEN POINT RD
TOTAL B-GAS:2 $0.00
B-MECHANICAL 04/06/2023 M-23-022 945 88TH AVE NE
B-MECHANICAL 04/05/2023 M-23-021 2522 MEDINA CIR
B-MECHANICAL 04/05/2023 M-23-020 2426 80TH AVE NE
B-MECHANICAL 04/07/2023 M-23-023 8000 NE 16TH ST
B-MECHANICAL 04/14/2023 M-23-024 3430 Evergreen Point Rd
B-MECHANICAL 04/27/2023 M-23-025 1555 77TH PL NE
B-MECHANICAL 04/30/2023 M-23-026 2626 EVERGREEN POINT RD
TOTAL B-MECHANICAL:7 $0.00
B-PLUMBING 04/04/2023 P-23-013 2426 80TH AVE NE
B-PLUMBING 04/10/2023 P-23-014 2005 EVERGREEN POINT RD
29
AGENDA ITEM 5.1c
B-PLUMBING 04/24/2023 P-23-015 7664 NE 14TH ST
B-PLUMBING 04/30/2023 P-23-016 2626 EVERGREEN POINT RD
TOTAL B-PLUMBING:4 $0.00
B-SFR 04/13/2023 B-23-031 $950,000.00 116 OVERLAKE DR E
B-SFR 04/01/2023 B-23-024 $1,000,000.00 3655 EVERGREEN POINT RD
B-SFR 04/03/2023 B-23-025 $1,800,000.00 2438 79TH AVE NE
B-SFR 04/28/2023 B-23-038 $4,500,000.00 2213 EVERGREEN POINT RD
B-SFR 04/28/2023 B-23-039 $4,150,000.00 7409 RAMBLING LN
TOTAL B-SFR:5 $12,400,000.00
B-WALL 04/06/2023 B-23-027 $7,000.00 945 88TH AVE NE
TOTAL B-WALL:1 $7,000.00
CAP - CONSTRUCTION ACTIVITY PERMIT 04/04/2023 CAP-23-011 2438 79TH AVE NE
CAP - CONSTRUCTION ACTIVITY PERMIT 04/05/2023 CAP-23-013 8875 OVERLAKE DR W
CAP - CONSTRUCTION ACTIVITY PERMIT 04/04/2023 CAP-23-012 3655 EVERGREEN POINT RD
CAP - CONSTRUCTION ACTIVITY PERMIT 04/12/2023 CAP-23-014 525 OVERLAKE DR E
CAP - CONSTRUCTION ACTIVITY PERMIT 04/13/2023 CAP-23-015 7842 NE 14TH ST
30
AGENDA ITEM 5.1c
CAP - CONSTRUCTION ACTIVITY PERMIT 04/13/2023 CAP-23-016 2247 EVERGREEN POINT RD
CAP - CONSTRUCTION ACTIVITY PERMIT 04/17/2023 CAP-23-017 116 OVERLAKE DR E
CAP - CONSTRUCTION ACTIVITY PERMIT 04/28/2023 CAP-23-018 7409 RAMBLING LN
CAP - CONSTRUCTION ACTIVITY PERMIT 04/30/2023 CAP-23-019 2626 EVERGREEN POINT RD
TOTAL CAP - CONSTRUCTION ACTIVITY
PERMIT:9 $0.00
ENG-GRADING/DRAINAGE 04/01/2023 ENG-GD-23-007 3655 EVERGREEN POINT RD
ENG-GRADING/DRAINAGE 04/03/2023 ENG-GD-23-008 2438 79TH AVE NE
ENG-GRADING/DRAINAGE 04/17/2023 ENG-GD-23-010 116 OVERLAKE DR E
ENG-GRADING/DRAINAGE 04/12/2023 ENG-GD-23-009 525 OVERLAKE DR E
ENG-GRADING/DRAINAGE 04/28/2023 ENG-GD-23-011 2036 EVERGREEN POINT RD
ENG-GRADING/DRAINAGE 04/28/2023 ENG-GD-23-012 7409 RAMBLING LN
ENG-GRADING/DRAINAGE 04/30/2023 ENG-GD-23-013 2626 EVERGREEN POINT RD
TOTAL ENG-GRADING/DRAINAGE:7 $0.00
PW-RIGHT OF WAY 04/20/2023 PW-ROW-23-024 84th Ave NE INT NE 26th St
PW-RIGHT OF WAY 04/03/2023 PW-ROW-23-021 8345 NE 24th St
PW-RIGHT OF WAY 04/05/2023 PW-ROW-23-022 550 OVERLAKE DR E
31
AGENDA ITEM 5.1c
PW-RIGHT OF WAY 04/17/2023 PW-ROW-23-023 1636 73RD AVE NE
PW-RIGHT OF WAY 04/21/2023 PW-ROW-23-025 2604 79TH AVE NE
TOTAL PW-RIGHT OF WAY:5 $0.00
TREE-ADMIN ROW TREE REMOVAL 04/30/2023 TREE-23-022 2626 EVERGREEN POINT RD
TOTAL TREE-ADMIN ROW TREE
REMOVAL:1 $0.00
TREE-PERFORMANCE 04/03/2023 TREE-23-016 2438 79TH AVE NE
TREE-PERFORMANCE 04/24/2023 TREE-23-019 8240 NE 26TH ST
TREE-PERFORMANCE 04/29/2023 TREE-23-021 2221 78TH AVE NE
TOTAL TREE-PERFORMANCE:3 $0.00
TREE-WITH BUILDING/DEVELOPMENT 04/01/2023 TREE-23-015 3655 EVERGREEN POINT RD
TREE-WITH BUILDING/DEVELOPMENT 04/17/2023 TREE-23-018 116 OVERLAKE DR E
TREE-WITH BUILDING/DEVELOPMENT 04/12/2023 TREE-23-017 525 OVERLAKE DR E
TREE-WITH BUILDING/DEVELOPMENT 04/28/2023 TREE-23-020 7409 RAMBLING LN
TOTAL TREE-WITH
BUILDING/DEVELOPMENT:4 $0.00
Total # of Permits 63 $13,500,150.00
32
AGENDA ITEM 5.1c
Page 1 of 1
Report run on: 05/01/2023 010:02 AM
Construction Value:April 2023 April 2022 2023 YTM 2022 YTM Difference
Accessory Structure ---$70,000.00 ($70,000.00)
Addition / Alteration $3,948,773.53 $1,108,916.62 $8,953,375.53 $2,489,007.62 $6,464,367.91
Fence / Wall $67,899.00 $10,200.00 $119,259.00 $88,700.00 $30,559.00
New Construction -$5,664,000.00 $3,100,492.00 $15,217,837.00 ($12,117,345.00
)Repair / Replace ----$0.00
Wireless Comm. Facility ---$70,000.00 ($70,000.00)
Total Value:$4,016,672.53 $6,783,116.62 $12,173,126.53 $17,935,544.62 ($5,762,418.09)
Permits Issued:April 2023 April 2022 2023 YTM 2022 YTM Difference
New Construction -2 2 6 (4)
Permit Extension 2 4 18 15 3
Accessory Structure ---1 (1)
Addition / Alteration 3 5 10 8 2
Construction Activity Permit 2 2 9 10 (1)
Demolition --2 5 (3)
Fence / Wall 4 2 8 5 3
Grading / Drainage 1 2 7 7 0
Mechanical 6 14 29 45 (16)
Other - Moving ----0
Plumbing / Gas 5 5 16 20 (4)
Repair / Replace ----0
Reroof ----0
Right of Way Use 6 7 23 30 (7)
Tree Mitigation 1 3 15 22 (7)
Wireless Comm. Facility ---1 (1)
Total Permits:30 46 139 175 (36)
Inspections:April 2023 April 2022 2023 YTM 2022 YTM Difference
Building 50 114 246 378 (132)
8 22 62 84 (22)
3 6 15 23 (8)
Tree 8 4 35 25 10
Total Inspections:69 146 358 510 (152)
Engineering/Other
April 2023 Issued Permits
33
AGENDA ITEM 5.1c
34
AGENDA ITEM 5.1c
35
AGENDA ITEM 5.1c
36
AGENDA ITEM 5.1c
37
AGENDA ITEM 5.1c
38
AGENDA ITEM 5.1c
39
AGENDA ITEM 5.1c
40
AGENDA ITEM 5.1c
41
AGENDA ITEM 5.1c
42
AGENDA ITEM 5.1c
43
AGENDA ITEM 5.1c
44
AGENDA ITEM 5.1c
45
AGENDA ITEM 5.1c
46
AGENDA ITEM 5.1c
47
AGENDA ITEM 5.1c
48
AGENDA ITEM 5.1c
49
AGENDA ITEM 5.1c
50
AGENDA ITEM 5.1c
51
AGENDA ITEM 5.1c
Case Number Case Type Assigned To Case Text
CC-2023-071 TREE
INVESTIGATION
Rob Kilmer /
Andy Crossett
227 UPLAND RD Description: Observed significant trees (2) having been
cut without a permit.
Action Taken: Issued Stop Work Order. Opened code
enforcement case with City Arborist.
4/25/23 Received information from resident regarding
identity of workers who removed the trees. Directed
resident to Police Chief.
CC-2023-072 REFUSE BINS Rob Kilmer 7661 NE 14TH ST
Description: Observed four refuse bins along right-of-way.
Each bin already had notices attached from a previous
week.
Action Taken: Mailed formal letter to homeowner.
4/27/23 Letter Returned as undeliverable. -- Will hand-
deliver new letter to house.
CC-2023-073 GENERAL Rob Kilmer 2860 Evergreen Point
Road
Description: Observed two vehicles parked on sidewalk at
the 520 lid.
Action Taken: Spoke with owners of vehicles and
determined an accident had occurred and State Patrol
was on their way. Asked the three involved people if they
were okay or if they required any assistance. Brought the
accident to the attention of Officer Bell so that he was
aware of it. No further action taken.
CC-2023-074 GENERAL Rob Kilmer 8711 NE 4TH ST
Description: Observed work vehicles blocking roadway
Action Taken: Spoke to workers and homeowner.
Workers moved vehicles out of the roadway.
CC-2023-075 CAP VIOLATION Rob Kilmer 2426 80TH AVE NE
Description: Two construction related vehicles observed
along right-of-way due to issues with excavating and
hauling.
Action Taken: Project Agent warned that a Stop Work
Order would be issued if not immediately resolved.
CC-2023-076 TREE
INVESTIGATION
Rob Kilmer 1000 82ND AVE NE
Description: Received report of tree cutting in the back
yard of a house along 82nd.
Action Taken: Investigated and determined that this work
is permitted under TREE-23-005. No further action taken.
CC-2023-077 GENERAL Rob Kilmer NE 18th & EPR
Description: Observed survey crew blocking one lane of
roadway without proper traffic control in place.
Action Taken: Spoke to workers, spoke to their
supervisor, and required that they leave until they were
equipped with the proper traffic control for blocking one
lane.
Address
April Code Enforcement Report
Page 1 April Code Enforcement Report 52
AGENDA ITEM 5.1c
CC-2023-078 SIGN VIOLATION Rob Kilmer Evergreen Pt Rd & NE
8th St
Description: Observed commercial advertising flyer
(Cascade Pressure Washing) attached to utility pole.
Action Taken: Removed flyer, contacted company to
inform them of sign rules in Medina.
CC-2023-079 GENERAL Rob Kilmer 1041 84TH AVE NE
Description: Received report of construction related
equipment parked along right-of-way.
Action Taken: Investigated. Equipment was removed from
right-of-way by rental company.
CC-2023-080 GENERAL Rob Kilmer 7664 NE 14TH ST
Description: Observed potential demolition activity, with a
large construction dumpster in property's driveway.
Action Taken: Spoke with resident and determined that all
work was superficial in nature. Discussed what potential
work would require permits. No further action taken.
CC-2023-081 REFUSE BINS Rob Kilmer 7661 NE 14TH ST
Description: Four refuse bins observed along Right-of-
Way
Action Taken: Wrote second letter to property.
CC-2023-082 REFUSE BINS Rob Kilmer 1201 EVERGREEN
POINT RD
Description: Observed two refuse bins in right-of-way
Action Taken: Attached reminder notices to bins.
CC-2023-083 REFUSE BINS Rob Kilmer 1150 76TH AVE NE
Description: Observed two refuse bins in right-of-way
Action Taken: Attached reminder notices to bins.
CC-2023-084 GENERAL Rob Kilmer 8106 OVERLAKE DR W
Description: Observed multiple vehicles parked along
right-of-way that were apparently related to un-permitted
construction work.
Action Taken: Spoke with project manager about the
scope of work and observed that only superficial updates
were being performed. Discussed work that would require
a permit, work hours, and parking rules. Observed all
vehicles in right-of-way being moved to appropriate
locations.
CC-2023-085 STOP WORK
ORDER
Rob Kilmer 2036 EVERGREEN
POINT RD
Description: Work initiated that will require a permit.
Action Taken: Stop Work Order issued. An application is
to be submitted before the SWO is lifted.
Page 2 April Code Enforcement Report 53
AGENDA ITEM 5.1c
CC-2023-086 TREE
INVESTIGATION
Rob Kilmer 8226 OVERLAKE DR W
Description: Received concern regarding tree work taking
place.
Action Taken: Investigated and determined that the work
only involved normal pruning activities. No further action
taken.
CC-2023-087 GENERAL Rob Kilmer 80th Ave NE & NE 14th
St.
Description: Received report of a clogged catch basin in
right-of-way.
Action Taken: Determined that a catch basin filter bag had
been left in drain and was filled with soil/debris. Removed
filter bag and disposed of it with help from Public Works
department.
CC-2023-088 SIGN VIOLATION Rob Kilmer 802 EVERGREEN
POINT RD
Description: Observed two commercial real estate signs
not in compliance with the sign code.
Action Taken: Spoke with the real estate agent. They
agreed to have the two signs removed and to put up one
sign in conformance with the MMC requirements.
Page 3 April Code Enforcement Report 54
AGENDA ITEM 5.1c
Development Project Tree Permit Activity Report
April 2023
By Sean Dugan
8718 Overlake Dr. W. - Deodar cedar tree and Pacific madrone tree in yellow ellipse are approved for removal.
Douglas-fir tree indicated with red arrow is currently in review for removal from the ROW.
55
AGENDA ITEM 5.1c
8718 Overlake Dr. W. - Two small cherry trees will need to be removed for a retaining wall
8875 Overlake Dr. W. – Cherry tree with internal decay will be removed along with two trees located within the
proposed building footprint. No supplemental trees required.
56
AGENDA ITEM 5.1c
7645 NE 12th St. - Legacy tree approved for removal. Thirteen trees will be planted as mitigation for the Legacy tree.
7645 NE 12th St. - Additional trees in the rear property approved for removal. A total of 22 trees will
be removed with 11 new trees proposed as mitigation.
57
AGENDA ITEM 5.1c
2005 Evergreen Point Rd. – Three poplar trees approved for removal. No mitigation required.
8425 Ridge Rd. – Evergreen tree approved for removal. Two trees will be installed as mitigation.
58
AGENDA ITEM 5.1c
Non-Development Tree Permit Activity Report
April 2023
By Andy Crossett
Non-Development Tree Permit Activity Report
Permit Type Address # Trees
Removed
Removed
Tree (Size)
Supplemental
Required Description
Dead tree 3215 Evergreen
Point Road
1 Western
red cedar, 1
red alder
21”, 7” N/A Confirmed both trees are
100% dead.
Tree Performance 7939 Overlake
Dr West 2 white pines 20”, 21” N/A
Unhealthy trees. No
replacement required as the
site met tree unit
requirements.
ROW tree 8443 NE 7TH ST
98039 N/A N/A N/A
Resident would like to
remove ROW oak tree. Does
not meet code requirements
for removal.
Dead ROW tree 7939 Overlake
Dr West
1 dead red
alder, 1
cottonwood,
and 3 red
alders
16” – 30” N/A
Met with resident to confirm
dead tree. Moderate risk.
Requested to remove
additional trees. Trees are in
a critical area. Discussing
options with Steve W.
Tree Restoration -
Shoreline trees
2617 Evergreen
Point Road
5 Leyland
cypress 10 – 24” Revegetation
Plan
Nonsignificant Leyland hedge
requested to be removed
and replaced. Within
shoreline setbacks. Tree
restoration permit and
revegetation plan required.
Illegal ROW tree
removal
227 Upland
Road (adjacent)
1 Douglas fir,
1 western red
cedar
31”, 28” N/A
Trees were illegally cut in
ROW. ~40’ snag was left with
rope hanging in tree. Likely
view related.
59
AGENDA ITEM 5.1c
7939 Overlake Dr West – Unhealthy tree removal.
60
AGENDA ITEM 5.1c
7939 Overlake Dr West – Unhealthy tree removal.
61
AGENDA ITEM 5.1c
227 Upland Road – Illegal ROW tree removal.
62
AGENDA ITEM 5.1c
63
AGENDA ITEM 5.1c
64
AGENDA ITEM 5.1c
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: May 8th, 2023
To: Honorable Mayor and City Council
Via: Stephen R. Burns, City Manager
From: Ryan Wagner, Finance & HR Director
Subject: April 2023 Financial Report
The April 2023 Reporting includes:
April AP Check Register Activity Detail
Key Revenue and Expenditures in April 2023
Potential Budget Amendment Items for 2023
April 2023 Financial Report
April 2023 Cash Position Report
April 2023 REET Report
Key Revenue from April of 2023
- $1.1M in property tax revenue
- $145K in retail sales and use tax.
- $31K in investment earnings
- $135k in March REET (paid out in April) please see attached report
Key Expenditures from April of 2023
- $399K City of Bellevue – Fire protection services 1st payment
- $31K Gray and Osborne – Engineering consulting
- $27K TIG – April IT Services and computer replacements
- $21K City of Bellevue – ARCH public housing services
- $13K Ogden Murphy Wallace – March legal services
Budget Amendment Items
- 20K for WCIA 2023 bill, good faith estimate was understated by Finance Director
Potential Amendment Items
- $10K for outgoing Council celebration and end of year banquet
65
AGENDA ITEM 5.1d
- $25K for potential arborist fee study (already presented to council in Jan 23)
- $40K for Body Cameras for our PD, potential Q4 expense
- $30K for a Development Services fee study, (Feb second meeting discussion)
- $50K for potential Overlay projects (high estimate per PW Director)
April 2023 Financial Report
66
AGENDA ITEM 5.1d
April 2023 Cash Position Report
67
AGENDA ITEM 5.1d
Excise Tax
Number
Conveyance Doc Sale Date Taxable
Selling Price
Address CIP 1 CIP 2 CIP 1 INT CIP 2 INT COUNTY Jurisdiction Tax Amount Tax
Exempt
3232370 WARRANTY DEED 04/04/2023 4,750,000.00 8457 Midland Road , Medina, WA 98039 11,756.25 11,756.25 0.00 0.00 1,687.98 MEDINA 135,325.00 N
3233569 WARRANTY DEED 04/15/2023 16,518,888.00 3267 Evergreen Point Road Medina WA, 98039 40,884.25 40,884.25 0.00 0.00 6,866.28 MEDINA 547,236.08 N
3233743 WARRANTY DEED 04/13/2023 1,650,000.00 8024 Northeast 8th Street Medina WA, 98039 4,083.75 4,083.75 0.00 0.00 368.66 MEDINA 30,262.50 N
3235102 WARRANTY DEED 04/27/2023 4,399,999.00 8612 NE 10th Street , Medina, WA 98039 10,890.00 10,890.00 0.00 0.00 1,533.96 MEDINA 123,074.96 N
67,614.25 67,614.25 0.00 0.00 10,456.88
Count: 27,318,887.00 67,614.25 67,614.25 0.00 0.00 10,456.88
King County Recorder's Office
201 S. Jackson St., Ste 204
Seattle, WA 98104
(206) 477-6620
Monthly REET Distribution Report
From 4/1/2023 to 4/30/2023
Print Date: 5/1/2023 12:51 PM
Jurisdiction: MEDINA
Recorded
Date
Total Local
Jurisdiction: MEDINA
4/6/2023 25,200.48
Grantor: SCHROTH, GEORGE T Grantee: DAVIS, BLAKE B Parcel ID: 6447300096 Instrument: 20230406000360
4/17/2023 88,634.78
Grantor: EVGP 3267 LLC, Grantee: ROYCE, RON Parcel ID: 2425049278 Instrument: 20230417000662
4/18/2023 8,536.16
Grantor: ITKIN, GREG Grantee: 8024 LLC, Parcel ID: 2525049098 Instrument: 20230418000487
4/28/2023 23,313.96
Grantor: HOU, LIJUAN Grantee: OU, JUNBIAO Parcel ID: 2540700170 Instrument: 20230428000240
MEDINA Subtotal: 27,318,887.00 145,685.38 835,898.54
4 Report Totals: 145,685.38 835,898.54
68
AGENDA ITEM 5.1d
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: May 8, 2023
To: Honorable Mayor and City Council
Via: Stephen R. Burns, City Manager
From: Aimee Kellerman, City Clerk
Subject: Central Services Department Monthly Report
APRIL AND MAY PUBLIC MEETINGS AND EVENTS
Event Date Time Location
Open House – Gas-Powered Leaf Blowers May 11 5:00 pm –
6:30 pm
City Hall – Council
Chambers
Park Board Meeting May 15 5:00 pm In-Person/Online
Joint City Council and Planning Commission
Meeting
May 22 5:00 pm In-Person/Online
Planning Commission Meeting – CANCELLED May 23
Memorial Day – City Hall Closed May 29
City Council Meeting Jun 12 5:00 pm In-Person/Online
City Council Meeting - CANCELLED Jun 26
Planning Commission Meeting Jun 27 6:00 pm In-Person/Online
Meetings are publicly noticed on the City’s three official notice boards, City website, and via GovDelivery.
Occasionally notices require publication in the City’s official newspaper, The Seattle Times. Public
meetings scheduled after publication of this report can be found on the City’s website.
COMMUNICATION TO OUR COMMUNITY
E-Notice Program: During the month of April, the City issued 32 bulletins amounting to a total of
191,506 bulletins delivered to subscribers; approximately 16.6% were opened. See Attachment.
As of April 30, the city had 14,818 subscribers (change in total subscribers +140), with a combined total
of 134,270 subscriptions (change in total subscriptions +1,260).
RECORDS REQUESTS
For March and April, 27 public records requests have been received by Central Services. See
Attachment 2.
69
AGENDA ITEM 5.1e
ATTACHMENT 1
Bulletins
Developed
Total
Recipients
Total
Delivered
Unique Email
Opens
Unique Email
Open Rate
Wireless
Recipients
April, 2023 32 213,523 191,506 20,444 16.60%81,637
March, 2023 21 129,439 115,951 11,878 15.90%49,669
January, 2023 30 192,287 172,943 23,109 19.90%68,940
December, 2022 33 223,587 202,268 25,975 19.00%78,584
November, 2022 24 128,822 116,286 14,221 17.90%44,131
October, 2022 28 131,830 119,181 15,287 18.10%41,173
September, 2022 18 71,635 64,845 8,554 18.20%21,385
August, 2022 13 65,817 60,494 8,916 19.90%18,579
July, 2022 17 66,926 61,741 8,809 18,5%16,757
June, 2022 38 170,001 156,176 17,192 15.00%48,346
May, 2022 21 93,246 86,088 9,650 14,8%24,298
April, 2022 31 166,938 154,946 17,108 14.70%45,327
March, 2022 21 108,426 100,766 11,437 15.00%28,354
February, 2022 17 48,354 44,691 4,260 11.80%10,350
Date Sent Top 10 Most Read Bulletins During April Emails Opened
Email Open
Rate
04/06/2023 10:42 AM PDT 1,766 18%
04/11/2023 12:01 PM PDT 2,186 20%
04/13/2023 02:03 PM PDT 1,532 17%
04/17/2023 09:00 AM PDT 1,408 17%
04/20/2023 10:55 AM PDT 1,257 16%
04/21/2023 01:48 PM PDT 1,341 16%
04/24/2023 09:01 AM PDT 1,178 15%
04/26/2023 04:24 PM PDT 2,119 21%
04/27/2023 02:38 PM PDT 2,048 20%
04/28/2023 08:00 AM PDT 1,615 18%
OPEN HOUSE - April 26 - Proposed New Wireless Facility in
Medina
OPEN HOUSE - April 26 - Proposed New Wireless Facility in
Medina
Community Bulletin - Open Police Officer Position
Community Bulletin - SR-520 Nighttime Closures
Proclamation - Professional Municipal Clerks Week - April 30
through May 6, 2023
Potential Quorum Notice - Park Board Weeding Event - April
24, 2023
Comparisons:
E-lert - SAVE THE DATE - Shredder Day Saturday, April 15,
2023, from 9am to 12 Noon!
Community Bulletin - Boating Season
E-lert -See you there! Shredder Day Saturday, April 15, 2023,
from 9am to 12 Noon
NOTICE OF PROJECT - Bellevue Utilities - Lake Washington
Wastewater Lake Line Management Plan (LWWLL)
70
AGENDA ITEM 5.1e
A ATTACHMENT 2
AT
501 EVERGREEN POINT ROAD P.O. BOX 144 MEDINA, WA 98039-0144
TELEPHONE (425) 233-6400 FAX (425) 451-8197 www.medina-wa.gov
DATE: May 8, 2023
TO: Mayor and City Council
From: Aimee Kellerman, City Clerk
Subject: March and April 2023, Public Records Request Tracking
In March and April 2023, Central Services staff received 27 new public records requests
and 2 ongoing requests. These requests required approximately 52 hours of Central
Services staff time and .3 hours of consulting time with the City Attorney. The overall
March and April cost, which includes staff hourly rate plus benefits and City Attorney
fees is approximately $4,565.
In addition, the police department receives public records requests specific to police
business that require records research and information distribution. In March and April
2023, the Police Department received 45 new records requests. These requests
required approximately 6 hours of staff time and 0 hours of consulting time with the
City Attorney. The overall March and April cost, which includes staff hourly rate plus
benefits, is approximately $435. The requests are from outside law enforcement
agencies, insurance carriers, the public and persons involved in the incidents.
71
AGENDA ITEM 5.1e
Assigned Dept Request Type
Required
Completion
Date
Summary Public Record Desired Assigned Staff
Central Services Public Records
Request
3/10/2023 Public Records
Request
1. Site plan for proposed sub-division for 2213
Evergreen Point Road. 2. Current Building
Permit(s) filed for 2213 Evergreen Point Road.
Dawn Nations
Central Services Public Records
Request
3/10/2023 Public Records
Request
611 Evergreen Point Road Building Plans Dawn Nations
Central Services Public Records
Request
3/13/2023 Public Records
Request
Building plans for Permit App: CAP-22-032.
2439 78th Ave NE, Medina, WA. 98039.
Specificially we would like to view the plans to
see if. there are externally located cooling units
or generators.
Dawn Nations
Central Services Public Records
Request
3/14/2023 Public Records
Request
Building and electrical permits for 2627 78th Ave
NE for personal use of the owners (wiring
security cameras, audio, etc.)
Dawn Nations
Central Services Public Records
Request
3/24/2023 Public Records
Request
Building, Land, Utility Map and any related info
for parcels 3025300271 and 3025300270
Dawn Nations
Central Services Public Records
Request
3/21/2023 Public Records
Request
Requesting a report of all issued and pending
building permits for residential & commercial
properties from 02/01/2023 to 02/28/2023.
Report to include if possible: permit number,
issue date, site addresses, valuation of project,
description of work, contractor information and
owner name. If a report is unavailable, then
copies of the original permits would be more
than adequate.
Dawn Nations
Central Services Public Records
Request
3/23/2023 Public Records
Request
Building plans for 8467 Midland Road New
House plans, structures and elevations. Site
plan. House is currently under construction/New
home
Dawn Nations
Central Services Public Records
Request
3/24/2023 Public Records
Request
Hi. I’d like to do a public records request for the
tree permit and all associated documents as
requested in 2023 by the residents or
representatives at 2841 Evergreen Point Rd.
Thanks
Dawn Nations
Create Date Reference No Customer Full
Name
PRR - Type of
Records
Requested
March and April 2023 Monthly PRR Report
Run Date: 05/03/2023 3:10 PM
Consultant JIM
FOPPIANO
Building
3/1/2023 P002679-030123 MR Daniel
Pence
Building
3/1/2023 P002678-030123
Sam
Cunningham
Building3/3/2023 P002683-030323
Laura Bolin Building3/1/2023 P002680-030123
Braden Mineer Building3/10/2023 P002692-031023
Sharon Wong Building3/7/2023 P002688-030723
Grant Gibbs Building
3/15/2023 P002696-031523
3/14/2023 P002695-031423
Jennifer Garone Development
Services
72
AGENDA ITEM 5.1e
Central Services Public Records
Request
4/10/2023 Public Records
Request
I would like to see documents related to property
address at 1024 82nd Ave ne Medina For
building permit B-17-074
Dawn Nations
Central Services Public Records
Request
4/5/2023 Public Records
Request
Speed records from the digital speed sign in the
eastbound 7900 block of 24th Ave NE on
3/20/2023 between 12:33 pm and 12:37 pm
Dawn Nations
Central Services Public Records
Request
5/5/2023 Public Records
Request
All permits issued to Chavez Landscaping for
work done in May 2022 along NE 10th Street
adjacent to 8632 NE 10th Street in Medina. All
applications and requests for the permits
identified in response to the above request. All
permits issued to Verizon for work done in May
2022 along NE 10th Street adjacent to 8632 NE
10th Street in Medina. All applications and
requests for the permits identified in response to
the above request. All records, documents and
other materials reflecting or relating to insurance
coverage for work done by Chavez Landscaping
or Verizon pursuant to the permits identified in
response to the requests above. All reports,
files, notes, correspondence, documents,
photographs, videos and other materials related
to the City’s investigation into a sewer backup
that occurred at the residence of Dan and
Lauren Lazar at 8632 NE 10th Street in Medina
sometime between May 22 – May 24, 2022. All
reports, files, notes, correspondence,
documents, photographs, videos and other
materials related to any subsequent work the
City conducted related to the sewer backup that
occurred at the residence of Dan and Lauren
Lazar at 8632 NE 10th Street in Medina. All
permits issued since January 1, 2020 for work
on or affecting the sewer system in front of the
home located at 8632 NE 10th Street in Medina,
Washington.
Aimee Kellerman
Central Services Public Records
Request
4/12/2023 Public Records
Request
1800 77th Ave NE / B-20-056 / 1525 79th Pl NE
/ B-21-111 444 Overlake Dr. E / B-20-008 500
86th Ave NE / B-21-131 Thanks! David
Assessments
Aimee Kellerman
Shihong Ni Building3/21/2023 P002704-032123
Alexandra
Yerigan Funk
Development
Services
3/28/2023 P002712-032823
David Yee Public Works3/27/2023 P002707-032723
David McCourt Building4/3/2023 P002715-040323
73
AGENDA ITEM 5.1e
Central Services Public Records
Request
4/13/2023 Public Records
Request
Revised plan for “cafe house” structure with
height and setback measurements for: 1525
79th Pl NE Medina, WA 98039
Aimee Kellerman
Central Services Public Records
Request
4/14/2023 Public Records
Request
3430 Evergreen Pt RD / B-21-059 3436
Evergreen Pt RD / B-21-066 Thanks! David
Assessments
Aimee Kellerman
Central Services Public Records
Request
4/14/2023 Public Records
Request
We are working on a drainage plan for a new
home with a shared driveway and utility
easements, and trying to understand the
existing infrastructure on the lots. Could we
please request the drainage plan (or full permit
set if that is easier/quicker) for the home next
door? The address of that home is 3455
Evergreen Point Rd. The building permit was B-
13-109 The engineering/drainage permit was
ENG-GD-13-034
Aimee Kellerman
Central Services Public Records
Request
4/18/2023 Public Records
Request
Permits for the existing pier and boat lifts at
1455 Evergreen Point Rd Medina, WA 98039.
Dawn Nations
Central Services Public Records
Request
4/20/2023 Public Records
Request
Requesting a report of all issued and pending
building permits for residential & commercial
properties from 6/1/2022 to 6/30/2022. Report to
include if possible: permit number, issue date,
site addresses, valuation of project, description
of work, contractor information and owner name.
If a report is unavailable, then copies of the
original permits would be more than adequate.
Dawn Nations
Central Services Public Records
Request
4/20/2023 Public Records
Request
8637 NE 6th Street. Building Plans Dawn Nations
Central Services Public Records
Request
4/26/2023 Public Records
Request
8024 NE 4th St / B-20-048 2039 77th Ave NE /
B-21-086 7617 NE 24th St / B-21-113 Thanks!
David Assessments
Aimee Kellerman
Central Services Public Records
Request
4/26/2023 Public Records
Request
Recording of Medina city council meeting from
April 10 2023. This request can be considered
fulfilled if the recording of the meeting is posted
to the meetings page of the City of Medina
website.
Aimee Kellerman
Marsha Parker Building4/3/2023 P002717-040323
David McCourt Building
4/5/2023 P002721-040523
4/4/2023 P002720-040423
Zion Napier Building4/6/2023 P002723-040623
Rob de Clerk Building
4/11/2023 P002731-041123 Grant Gibbs Building
Braden Mineer Building4/11/2023 P002729-041123
David McCourt Building
4/17/2023 P002735-041723
4/17/2023 P002734-041723
Ryan Packer Central Services
74
AGENDA ITEM 5.1e
Central Services Public Records
Request
4/27/2023 Public Records
Request
Hi there, I would like to request the architectural
plans for 2438 80th Ave NE, Medina. Thank
you! Allie Hall w/Tere & Team Foster @
Compass (Real Estate)
Dawn Nations
Central Services Public Records
Request
4/27/2023 Public Records
Request
Building permit information for 3605 Evergreen
Point Road, Medina WA 98039
Dawn Nations
Central Services Public Records
Request
4/27/2023 Public Records
Request
Building Plans - 3605 Evergreen Point Road.
CAP-22-036
Dawn Nations
Central Services Public Records
Request
5/2/2023 Public Records
Request
Requesting any information or records related to
a pre-existing oil tank that has been on the
property (decommissioned or not). Pertaining
to property address: 3450 Evergreen Point
Road Medina, WA 98039 KC Assessor Parcel
ID #: 242504-9134 Thank you, Michiel Moore
Dawn Nations
Central Services Public Records
Request
5/3/2023 Public Records
Request
Site Map of 3605 Evergreen Point Road plans.Aimee Kellerman
Central Services Public Records
Request
4/26/2023 Public Records
Request
I am working on the AC Water Main
Replacement 2023 Phase 2 project for the City
of Bellevue (project manager is Paige Young)
that has two project sites within City of Medina
(see below relative locations). Would you be
able to provide any geotechnical test pit data
and boring logs that have been completed
surrounding the following sites: Site A -
Evergreen Point Rd from NE 24th St to NE 18th
St, NE 18th St, Rambling Lane, 74th Pl NE,
73rd Pl NE, and 73rd Ave NE (see highlighted
route) Site C - South of Overlake Dr W along
84th Ave NE (see highlighted route) Emails with
more details attached.
Dawn Nations
Central Services Public Records
Request
5/8/2023 Public Records
Request
Hi, I made a previous request for drainage
plans from a building permit in Medina. I was
sent the permit records, but not the storm
drainage plan itself. Please could I be sent the
drainage plan for the building permit associated
with 3455 Evergreen Point Rd. The building
permit was B-13-109 The engineering/drainage
permit was ENG-GD-13-034 Thank you.
Dawn Nations
Building4/18/2023 P002736-041823
Alan
Montgomery
Building
julie cechony Building
4/18/2023 P002739-041823
4/18/2023 P002738-041823
P002751-042623
4/24/2023 P002748-042423 Alan
Montgomery
Building
Project Manager
Michiel Moore
Building4/21/2023 P002744-042123
Rob de Clerk Building
Alexandra Der Development
Services
4/27/2023 P002752-042723
4/26/2023
75
AGENDA ITEM 5.1e
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: May 8, 2023
To: Honorable Mayor and City Council
Via: Stephen R. Burns, City Manager
From: Ryan Osada, Public Works Director
Subject: Public Works Monthly Report
1. LAKE WASHINGTON WASTEWATER LAKE LINE – City of Bellevue recently held an online open
house and gave a brief overview of the existing lake line and its history. The main focus of the
open house was to highlight future Lake Line Management. They also discussed replacement
options and potential impacts on homeowners and the environment. The current schedule is
to complete the management plan by early 2024.
76
AGENDA ITEM 5.1f
2. TIB_MEDINA ELEMENTARY SIDEWALK PHASE 1 – This TIB funded project will install new
concrete sidewalks along the west side of 81st Ave NE, adjacent to Medina Elementary School.
The sidewalk will provide improved access to the school and necessary ADA updates. Final
drawings and specifications have been approved by both the city and TIB. We are scheduled to
advertise next week with bids due by the end of May.
77
AGENDA ITEM 5.1f
3. POST OFFICE FLOOR – After researching local contractors, the Public Works department
decided to install the new flooring with city staff. This allowed phasing of the project and
reduced overall costs. Public works was able to repair the sub-floor issues near both entry doors
and installed a durable laminate floor.
78
AGENDA ITEM 5.1f
4. MAINTENANCE – Storm system scoping is becoming more common for the public works crew.
The city currently owns a 200-foot pipe scoping tool which allows us to evaluate short runs of
storm pipe as needed. As the warmer weather approaches, public works can focus on the parks,
beaches, and docks. Over the last several years, the city has seen a significant increase in
visitors especially at the beach and Medina Park.
79
AGENDA ITEM 5.1f
80
AGENDA ITEM 5.1f
5. PROJECT UPDATES -
Upland Road Overlay – in design with KCDOT
86th Ave NE Overlay – in design with KCDOT
2023 Crack Seal – contractor has been selected
Medina Elementary Sidewalks_81st Ave NE – advertisement in May
Medina Park Pathway Improvements_West – design
2023 Upland Road Stormwater Improvements – in design
City Hall Carpet Replacement – soliciting bids
Post Office Floor Replacement – complete
2023 Hazardous Tree Removal – summer
Citywide Stormwater System Mapping & Evaluation – G&O has completed most of the mapping.
We are currently working on scoping and mapping the storm infrastructure that is located on
several private properties.
NE 12th Street Sidewalk Improvements & Undergrounding – advertisement in May
2022 City Hall Balcony Improvements Balcony – advertisement in May
77TH Ave NE Sidewalk & Curb Ramp Imp. – reevaluating scope of work
2017 Medina Beach Park Tree Replanting – Phase III tree planting.
2015 Medina Park Stormwater Pond Imp. – Dredging is tentatively planned for summer of 2024
81
AGENDA ITEM 5.1f
Account Code 2023 Budget 2023 PROPOSED PROJECT LIST
START DATE DURATION GRANT FUNDS TOTAL COST CITY COST
CAPITAL STREETS: STREETS:
Upland Road Overlay Sep-23 4 weeks 231,660.00$ 257,400.00$ 25,740.00$
86th Ave NE _ Ridge Rd, NE 5th, NE 6th Sep-23 1 week -$ 90,000.00$ 90,000.00$
2023 Maintenance Project _ Crack Seal Jun-23 1 week 83,250.00$ 92,500.00$ 9,250.00$
CAPITAL SIDEWALK: SIDEWALK:
Medina Elementary School Sidewalks Ph 1 _ NE 8th St to Overlake Dr W Aug-23 4 weeks 102,800.00$ 121,050.00$ 18,250.00$
NE 12th Street Sidewalk Improvements & Undergrounding Sep-23 8 weeks -$ 390,000.00$ 390,000.00$
CAPITAL PARKS: PARKS:
Medina Park Irrigation & Pathway Improvements _ West Jul-23 3 weeks 50,000.00$ 50,000.00$ -$
Medina Beach Park Tree Planting Apr-23 2 days -$ 5,000.00$ 5,000.00$
CAPITAL STORMWATER: STORMWATER:
2023 Localized Improvements *Upland Road Jul-23 TBD 200,000.00$ 200,000.00$ -$
Citywide Stormwater System Mapping & Evaluation 2023 TBD -$ 10,000.00$ 10,000.00$
CAPITAL BUILDING: BUILDING:
City Hall Balcony Improvements Jul-23 3 weeks -$ 90,000.00$ 90,000.00$
City Hall Security Door 2023 TBD -$ 5,000.00$ 5,000.00$
City Hall Carpet Replacement 2023 TBD -$ 20,000.00$ 20,000.00$
Post Office Floor Replacement 2023 2 weeks -$ 5,000.00$ 5,000.00$
TREE FUND: OTHER:
103 000 000 558 60 49 10 30,000.00$ 2023 Hazardous Tree Removal Summer 2022 2 weeks -$ 25,000.00$ 25,000.00$
*UPDATED 4/25/2023
TOTALS 1,120,000.00$ UNBUDGETED GRANT REVENUE TOTALS 667,710.00$ 1,360,950.00$ 693,240.00$
307.000 000 595 30 63 02 200,000.00$
307 000 000 594 18 60 00 200,000.00$
307 000 000 594 76 63 20 50,000.00$
307 000 000 595 30 63 01 120,000.00$
307 000 000 595 30 63 10 520,000.00$
82
AGENDA ITEM 5.1f
Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description
8X8, Inc. 3796421 CH Phones $913.82 64641 4/26/2023 001-000-000-518-80-41-50 Technical Services, Software Services
$913.82
911 Supply Inc INV-2-27369 PD Uniforms/Supplies $73.75 64582 4/11/2023 001-000-000-521-20-22-00 Uniforms
911 Supply Inc INV-2-27368 PD Uniforms/Supplies $52.83 64582 4/11/2023 001-000-000-521-20-22-00 Uniforms
911 Supply Inc INV-2-27370 PD Uniforms/Supplies $39.60 64582 4/11/2023 001-000-000-521-20-22-00 Uniforms
$166.18
Alexander Gow Fire Equipment Co. 12466630 Fire Alarm Panel Replacement $12,191.37 64642 4/26/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
$12,191.37
AutoNation Chrysler, Jeep, Dodge Bellevue 319793 Maintenance Car #26 $187.93 64583 4/11/2023 001-000-000-521-20-48-10 Repairs & Maint-Automobiles
$187.93
Avidex 101168 Council Chambers Annual Contract $4,183.80 64643 4/26/2023 001-000-000-518-80-48-00 Repairs & Maint., Annual Software Maint.
$4,183.80
Bellevue City Treasurer - Water Service from 12/29/2022 to 3/1/2023 (8401 Overlake Dr W) Viewpoint Water (Irrigation) $72.80 64584 4/11/2023 001-000-000-576-80-47-00 Utilities
Bellevue City Treasurer - Water Service from 1/25/2023 to 3/29/2023 (1078 Lake Washington Blvd NE) Irrigation LW Blvd Islands $99.81 64644 4/26/2023 001-000-000-576-80-47-00 Utilities
$172.61
Bellevue, City of 45329 Customer Number 40698 $1,500.00 64585 4/11/2023 001-000-000-521-20-41-41 Bellevue CARE program
Bellevue, City of 45274 Medina Fire Protection Services $398,894.00 64645 4/26/2023 001-000-000-522-20-41-00 Fire Control Services
Bellevue, City of 45265 ARCH 2023 $21,155.95 64645 4/26/2023 001-000-000-551-10-40-00 Public Housing Services - ARCH
$421,549.95
Bennett, David Bennett Advance Deposit Return for DEP00030 Bennett Advance Deposit Return for DEP00030 $273.30 64635 4/18/2023 401-000-000-582-10-00-02 Refund of DS Adv Deposits
$273.30
Blue to Gold, LLC MEDINAPD-021523-OD-EM PD Training $801.00 64586 4/11/2023 001-000-000-521-20-43-00 Travel & Training
$801.00
Blueline Group LLC, The 25711 Housing Action Plan $1,250.00 64646 4/26/2023 401-000-000-558-60-41-01 Planning Consultant
Blueline Group LLC, The 25733 Zoning Code Reviews for Building Permits $765.00 64646 4/26/2023 401-000-000-558-60-41-01 Planning Consultant
$2,015.00
BRC Acoustics & Audiovisual Design 27046 Sound Test Consultant $1,327.38 64647 4/26/2023 401-000-000-558-60-41-08 Sound Testing Consultant
$1,327.38
Buenavista Services, Inc 10566 Janitorial Services at CH and Post Office $2,037.75 64587 4/11/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
Buenavista Services, Inc 10565 Janitorial Services at Park Restroom $1,158.62 64587 4/11/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
$3,196.37
Car Wash Enterprises March 2023 PD Car Wash $24.00 64648 4/26/2023 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash
$24.00
Carquest Auto Parts Stores 2417-532632 Hydraulic Fluid for Automotive Lift $163.53 64588 4/11/2023 101-000-000-542-30-48-00 Equipment Maintenance
$163.53
Centurylink Charges from Apr 07 to May 07 CH/CC Terminal $178.38 64649 4/26/2023 001-000-000-518-10-42-00 Postage/Telephone
Centurylink Charges from Mar 17 to Apr 17, 2023 PD Phones/Fax $256.10 64589 4/11/2023 001-000-000-521-20-42-00 Communications (phone,Pagers)
Centurylink Charges from Jan 28 to Feb 14, 2023 PD Emergency Line $15.23 64589 4/11/2023 001-000-000-521-20-42-00 Communications (phone,Pagers)
$449.71
Comcast Services from Mar 16 to Apr 15, 2023 NE 12th St Camera $500.72 64590 4/11/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Comcast Services from Apr 7 to May 6, 2023 700 LWB NE Camera $265.87 64590 4/11/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Comcast Services from Apr 16 to May 15, 2023 (8300 NE 24th St) NE 24th St Camera $245.36 64650 4/26/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Comcast Services from Apr 16 to May 15, 2023 (8300 NE 12th St) NE 12th St Camera $255.36 64650 4/26/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Comcast Services from Mar 25 to Apr 24, 2023 Internet Services PW Shop $20.00 64590 4/11/2023 001-000-000-576-80-42-00 Telephone/postage
$1,287.31
Crystal And Sierra Springs-Admin 11037150 032523 CH Drinking Water $103.63 64629 4/11/2023 001-000-000-518-10-31-00 Office And Operating Supplies
Crystal And Sierra Springs-Admin 11037150 042223 CH Drinking Water $119.03 64651 4/26/2023 001-000-000-518-10-31-00 Office And Operating Supplies
$222.66
Crystal And Sierra Springs-PW 5291929 032523 Drinking Water Medina Shop $51.49 64592 4/11/2023 001-000-000-576-80-31-00 Operating Supplies
$51.49
CWA Consultants 23-068 Building Code Plan Review Services $330.00 64594 4/11/2023 401-000-000-558-60-41-00 Professional Services
$330.00
Davidson-Macri Sweeping, Inc. 229308 Street Sweeping $6,101.63 64652 4/26/2023 101-000-000-542-67-41-00 Street Cleaning
$6,101.63
Eastside Public Safety Communications 11116 April 2023 Radio Access Fees $530.25 64595 4/11/2023 001-000-000-521-20-41-20 Dispatch-EPSCA
$530.25
FCI - Custom Police Vehicles 14921 Lease MPD Car #30 and #31 $1,837.11 64596 4/11/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14920 Lease MPD Car #29 $1,037.55 64596 4/11/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14918 Lease MPD Car #27 $730.88 64596 4/11/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14919 Lease MPD Car #28 $856.27 64596 4/11/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14922 Lease MPD Car #26 $815.90 64596 4/11/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14971 Lease MPD Car #29 $1,041.88 64653 4/26/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14970 Lease MPD Car #28 $859.84 64653 4/26/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14972 Interest PD Vehicle $1,846.30 64653 4/26/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14969 Lease MPD Car #27 $733.93 64653 4/26/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14973 Lease MPD Car 326 $819.30 64653 4/26/2023 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost
FCI - Custom Police Vehicles 14918 Interest PD Car #27 $208.24 64596 4/11/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14922 Interest PD Car #26 $177.82 64596 4/11/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14919 Interest PD Car #28 $224.81 64596 4/11/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
April 2023 Check Register
83
AGENDA ITEM 6.1
FCI - Custom Police Vehicles 14921 Interest PD Car #30 and #31 $867.69 64596 4/11/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14920 Interest PD Car #29 $331.41 64596 4/11/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14973 Interest PD Vehicle $174.42 64653 4/26/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14971 Interest PD Vehicle $327.08 64653 4/26/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14970 Interest PD Vehicle $221.24 64653 4/26/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14972 Lease MPD Car #30 and #31 $858.50 64653 4/26/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
FCI - Custom Police Vehicles 14969 Interest PD Vehicle $205.19 64653 4/26/2023 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost
$14,175.36
Gempler's Inc. CS0004649999 PW Uniforms $319.26 64654 4/26/2023 001-000-000-576-80-22-00 Uniforms
$319.26
Gray & Osborne, Inc. 17/20597.00 NPDES Compliance Services $472.95 64655 4/26/2023 101-000-000-542-30-41-03 NPDES Grant
Gray & Osborne, Inc. 16/20597.00 NPDES Compliance Services $1,297.94 64655 4/26/2023 101-000-000-542-30-41-03 NPDES Grant
Gray & Osborne, Inc. 24/21441.00 2101 NE 12th Street Pedestrian Improvements $5,589.71 64655 4/26/2023 307-000-000-595-30-63-01 Street Improvements, Overlays
Gray & Osborne, Inc. 23/21441.00 2101 NE 12th Street Pedestrian Improvements $2,378.68 64655 4/26/2023 307-000-000-595-30-63-01 Street Improvements, Overlays
Gray & Osborne, Inc. 2/23439.00 Crack Sealing $738.94 64655 4/26/2023 307-000-000-595-30-63-01 Street Improvements, Overlays
Gray & Osborne, Inc. 3/23439.00 Crack Sealing $941.79 64655 4/26/2023 307-000-000-595-30-63-01 Street Improvements, Overlays
Gray & Osborne, Inc. 1/23449.00 TIB - Medina Elementary School Sidewalk $1,208.68 64655 4/26/2023 307-000-000-595-30-63-10 Sidewalk Improvements
Gray & Osborne, Inc. 2/23449.00 TIB - Medina Elementary School Sidewalk $14,037.74 64655 4/26/2023 307-000-000-595-30-63-10 Sidewalk Improvements
Gray & Osborne, Inc. 6/22427.01 Grading and Drainage Engineer Services $287.02 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 2/22427.27 Grading and Drainage Engineer Services $67.86 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 8/20425.22 Grading and Drainage Engineer Services $67.86 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 1/22427.25 Grading and Drainage Engineer Services $271.42 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 6/21427.28 Grading and Drainage Engineer Services $506.19 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 5/22427.17 Grading and Drainage Engineer Services $219.17 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 20/20425.16 Grading and Drainage Engineer Services $219.17 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 2/22427.30 Grading and Drainage Engineer Services $230.30 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 1/22427.31 Grading and Drainage Engineer Services $203.57 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 3/23427.00 Grading and Drainage Enginee Services $271.42 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 1/23427.02 Grading and Drainage Engineer Services $203.57 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 1/22427.28 Grading and Drainage Engineer Services $773.14 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 9/22427.05 Grading and Drainage Engineer Services $517.81 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 10/21427.18 Grading and Drainage Engineer Services $219.17 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
Gray & Osborne, Inc. 1/22427.29 Grading and Drainage Engineer Services $501.72 64655 4/26/2023 401-000-000-558-60-41-07 Engineering Consultant
$31,225.82
Herc Equipment Rental Corporation 33568902-001 PW Shop Electrician Lift $541.70 64597 4/11/2023 101-000-000-542-30-45-00 Machine/Facility Rental
$541.70
Hermanson Company, LLP 8037136 $4,264.21 64656 4/26/2023 307-000-000-594-18-60-00 Building Improvements
$4,264.21
Home Depot Credit Services March 2023 Shop Supplies March 2023 Shop Supplies $173.03 64617 4/11/2023 001-000-000-576-80-31-00 Operating Supplies
Home Depot Credit Services April 2023 Graffiti Remover April 2023 Graffiti Remover $193.32 64657 4/26/2023 001-000-000-576-80-31-00 Operating Supplies
Home Depot Credit Services March 2023 Wiper Fluid March 2023 Wiper Fluid $17.48 64617 4/11/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
Home Depot Credit Services April 2023 Barrels for Mulching Roadsides April 2023 Barrels for Mulching Roadsides $140.80 64657 4/26/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
Home Depot Credit Services March 2023 Post Office Flooring (2) Post Office Flooring $65.97 64617 4/11/2023 307-000-000-594-18-60-00 Building Improvements
$590.60
Horticultural Elements, Inc. 7480 84th Ave NE Median Maintenance April 2023 $4,943.49 64658 4/26/2023 101-000-000-542-30-41-00 Professional Services
$4,943.49
JR Mailing Services, Inc. 23847 HAP Post Card Flyer $783.20 64618 4/11/2023 001-000-000-518-10-49-30 Postcard, Public information
$783.20
KC Office of Finance 11013459 KC INET $375.00 64659 4/26/2023 001-000-000-518-80-41-50 Technical Services, Software Services
$375.00
King County Treasury 2023 King County RE Tax RE Tax $282.63 64637 4/24/2023 001-000-000-576-80-49-01 Misc-Property Tax
$282.63
Kirkland Municipal Court MAR23MED February 2023 Filing Fees $546.98 64619 4/11/2023 001-000-000-512-50-40-10 Municipal Court-Traffic/NonTrf
$546.98
Konica Minolta Premier Finance 79682815 PW Printer $96.36 EFT Payment 5/3/2023
12:32:55 PM - 1
4/30/2023 001-000-000-518-10-31-00 Office And Operating Supplies
Konica Minolta Premier Finance 79505920 PD Copier $264.96 EFT Payment 5/3/2023
12:32:55 PM - 1
4/30/2023 001-000-000-521-20-45-00 Equipment-Lease & Rentals
$361.32
L.N. Curtis & Sons INV687935* Uniform - Gidlof $142.21 64630 4/18/2023 001-000-000-521-20-22-00 Uniforms
$142.21
LexisNexis Risk Management - Account 1011660 1011660-20230228 Investigating Tool $116.81 64620 4/11/2023 001-000-000-521-20-41-00 Professional Services
LexisNexis Risk Management - Account 1011660 1011660-20230331 Investigating Tool $233.62 64660 4/26/2023 001-000-000-521-20-41-00 Professional Services
$350.43
Martin, David Martin Advance Deposit Return for DEP00029 Advance Deposit Return for DEP00029 $177.53 64631 4/18/2023 401-000-000-582-10-00-02 Refund of DS Adv Deposits
$177.53
Message Watcher, LLC 51828 Web/Email/SM Archiving $240.20 64621 4/11/2023 001-000-000-518-80-41-50 Technical Services, Software Services
$240.20
Moberly & Roberts, PLLC 1094* Prosecution Services $4,000.00 64622 4/11/2023 001-000-000-512-50-41-10 Prosecuting Attorney
$4,000.00
Navia Benefit Solutions 10638419 2023 Navia Deposit $1,000.00 64623 4/11/2023 001-000-000-514-20-49-10 Miscellaneous
Navia Benefit Solutions 10683709 March 2023 Navia Fees $100.00 64623 4/11/2023 001-000-000-514-20-49-10 Miscellaneous
$1,100.00
Ogden Murphy Wallace 874689 City Attorney Services $1,190.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
84
AGENDA ITEM 6.1
Ogden Murphy Wallace 874683 City Attorney Services $392.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874690 City Attorney Services $392.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874686 City Attorney Services $2,363.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874691 City Attorney Services $130.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874685 City Attorney Services $2,077.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874684 City Attorney Services $6,113.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874688 City Attorney Services $56.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
Ogden Murphy Wallace 874687 City Attorney Services $514.00 64661 4/26/2023 001-000-000-515-41-40-00 City Attorney
$13,227.00
Pacific Topsoils, Inc. 2-O1111994-01 Topsoil for Park $392.08 64624 4/11/2023 001-000-000-576-80-31-00 Operating Supplies
$392.08
Pitney Bowes Global Financial Services LLC 3317260280 Postage Meter Lease $443.07 64662 4/26/2023 001-000-000-518-10-31-00 Office And Operating Supplies
$443.07
Pitney Bowes Reserve Account, The April 2023 Postage Meter Refill April 2023 Postage Meter Refill $3,000.00 64663 4/26/2023 001-000-000-518-10-31-00 Office And Operating Supplies
$3,000.00
Pro-shred 62570 CH Shredding $55.66 64664 4/26/2023 001-000-000-518-10-41-00 Professional Services
Pro-shred 62202 CH Shredding $55.66 64664 4/26/2023 001-000-000-518-10-41-00 Professional Services
Pro-shred 62633 Community Shredding Day $1,800.00 64664 4/26/2023 001-000-000-521-20-49-60 Crime Prevention/Public Educ
$1,911.32
Pro-Vac LLC 166021 CB Cleaning $2,006.57 64632 4/18/2023 101-000-000-542-40-41-00 Storm Drain Maintenance
$2,006.57
Public Safety Testing, Inc. 2023-281 Q1 2023 Dues $151.00 64625 4/11/2023 001-000-000-521-20-41-50 Recruitment-Background
$151.00
Puget Sound Energy Service for 2/18/2023 - 3/21/2023 (501 Evergreen Point Rd) CH Utilities $1,946.78 64626 4/11/2023 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste
Puget Sound Energy Service for 2/18/2023 - 3/21/2023 (1050 82nd Ave NE) 82nd Ave NE Camera $35.48 64626 4/11/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Puget Sound Energy Service for 2/22/2023 - 3/22/2023 (8670 NE 10th St) NE 10th St Camera $36.77 64626 4/11/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Puget Sound Energy Service for 2/22/2023 - 3/22/2023 (740 Overlake Dr E) ODE Camera $25.34 64626 4/11/2023 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras
Puget Sound Energy Service for 2/17/2023 - 3/21/2023 (1000 80th Ave NE) Medina Park/Shop Power $515.07 64626 4/11/2023 001-000-000-576-80-47-00 Utilities
Puget Sound Energy Service for 2/21/2023 - 3/22/2023 (84th Ave NE #PKNG) Street Light Power Viewpoint Parking $16.11 64626 4/11/2023 101-000-000-542-63-41-00 Street Light Utilities
Puget Sound Energy For Service 3/3/2023 - 4/3/2023 (515 Evergreen Point Rd) Street Lights 515 EPR $31.94 64665 4/26/2023 101-000-000-542-63-41-00 Street Light Utilities
Puget Sound Energy For Service 3/3/2023 - 4/3/2023 (TIB LED Conversion) Street Lights $1,813.82 64665 4/26/2023 101-000-000-542-63-41-00 Street Light Utilities
Puget Sound Energy For Service 3/3/2023 - 4/3/2023 (77th Ave NE & 79th Ave NE) Street Lights 77th & 79th $118.92 64665 4/26/2023 101-000-000-542-63-41-00 Street Light Utilities
Puget Sound Energy For Service 3/3/2023 - 4/3/2023 (80th Ave NE & NE 10th St) Street Lights 80th & 10th $12.90 64665 4/26/2023 101-000-000-542-63-41-00 Street Light Utilities
$4,553.13
Republic Services, Inc. dba Rabanco, Ltd. 0172-009190902 PW Dumpster Service $499.81 64633 4/18/2023 001-000-000-576-80-41-04 Professional Services-Misc
Republic Services, Inc. dba Rabanco, Ltd. 0172-009234637 Yard Waste Dumpsters $20.96 64636 4/18/2023 001-000-000-576-80-47-00 Utilities
$520.77
Sanitary & Maintenance Supply 2304804 Janitorial Supplies (City Hall) $422.61 64627 4/11/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
$422.61
Sherwood Appraisals File 23-MSV Street Vacation Request Appraisal $3,000.00 64628 4/11/2023 401-000-000-558-60-41-00 Professional Services
$3,000.00
SHI International Corp B16657474 Azure Overages $649.94 64666 4/26/2023 001-000-000-518-80-41-50 Technical Services, Software Services
$649.94
Sinegal, McGill Suzanne Sinegal Advance Deposit Return for DEP00038 Sinegal Advance Deposit Return for DEP00038 $590.00 64634 4/18/2023 401-000-000-582-10-00-02 Refund of DS Adv Deposits
$590.00
Sound View Strategies, LLC 2896 SR520 Consultant $3,000.00 64610 4/11/2023 001-000-000-513-10-41-00 Professional Services
$3,000.00
Spot-On Print & Design 58312 Newsletter & Mailing $649.59 64667 4/26/2023 001-000-000-518-10-42-00 Postage/Telephone
Spot-On Print & Design 58265 Housing Action Plan Open House Mailing $587.93 64611 4/11/2023 001-000-000-518-10-49-30 Postcard, Public information
$1,237.52
Staples Business Advantage 3534766268 PD Office Supplies $35.00 64612 4/11/2023 001-000-000-521-20-31-00 Office Supplies
Staples Business Advantage 3534766267 PD Office Supplies $105.92 64612 4/11/2023 001-000-000-521-20-31-00 Office Supplies
Staples Business Advantage 3535769049 PD Office Supplies $187.52 64668 4/26/2023 001-000-000-521-20-31-00 Office Supplies
$328.44
Statewide Security 215776 Quarterly Fire Alarm Monitoring $749.78 64669 4/26/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
$749.78
Stewart MacNichols Harmell, Inc., PS February 2023 for Public Defender Services Public Defender Contract $250.00 64613 4/11/2023 001-000-000-515-91-40-00 Public Defender
Stewart MacNichols Harmell, Inc., PS March 2023 Public Defender Services March 2023 Public Defender Services $250.00 64670 4/26/2023 001-000-000-515-91-40-00 Public Defender
$500.00
TIG Technology Integration Group 62214 IT Managed Services $11,931.70 64671 4/26/2023 001-000-000-518-80-41-50 Technical Services, Software Services
TIG Technology Integration Group 5506377 Duo Software $29.73 64671 4/26/2023 001-000-000-518-80-41-50 Technical Services, Software Services
TIG Technology Integration Group 5504566 VEEAM Software - Annual $2,603.87 64671 4/26/2023 001-000-000-518-80-48-00 Repairs & Maint., Annual Software Maint.
TIG Technology Integration Group 5503640 Computer Replacements ISC/FIN/PW $9,939.83 64614 4/11/2023 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay
TIG Technology Integration Group 62214 IT Services $2,198.70 64671 4/26/2023 401-000-000-518-80-41-50 Technical Services, Software Services
$26,703.83
Tiki Car Wash 2245* PD Car Washes March 2023 $101.61 64672 4/26/2023 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash
Tiki Car Wash 2243 PD Car Washes February 2023 $83.14 64672 4/26/2023 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash
$184.75
Tree Frog LLC 1668* Arborist - Non Development $525.00 64673 4/26/2023 401-000-000-558-60-41-50 Landscape Consultant
$525.00
Tree Solutions, Inc. 35762 through 35737 Arborist Development Tree Code Services $7,600.00 64615 4/11/2023 401-000-000-558-60-41-50 Landscape Consultant
$7,600.00
85
AGENDA ITEM 6.1
US Bank April 2023 JE #2078 Bank Fees April 2023 Bank Fees $168.28 20100967-April 2023 Bank
Fees
4/30/2023 001-000-000-514-20-49-10 Miscellaneous
US Bank April 2023 JE #2078 Bank Fees April 2023 Bank Fees $2,177.59 20100967-April 2023 Bank
Fees
4/30/2023 401-000-000-558-60-49-10 Miscellaneous
US Bank April 2023 Burns CC Statement Training - Accessory Dwelling Units $35.00 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-513-10-43-00 Travel & Training
US Bank April 2023 Wagner CC Statement Transfer of Title $13.65 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-514-20-49-10 Miscellaneous
US Bank April 2023 Nations CC Statement Office Supplies - Noise Canceliing Headphones for T. Brady $24.18 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-10-31-00 Office And Operating Supplies
US Bank April 2023 Nations CC Statement Credit for Lodging - Room Canceled for Training ($184.16) EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-10-43-00 Travel & Training
US Bank April 2023 Nations CC Statement Cancelation Fee for Last Minute Cancelation for Lodging $38.26 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-10-43-00 Travel & Training
US Bank April 2023 Kellerman CC Statement Public Storage $947.00 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-30-45-00 Facility Rental
US Bank April 2023 Kellerman CC Statement Public Storage $947.00 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-30-45-00 Facility Rental
US Bank April 2023 Kellerman CC Statement Web Services for Internet Logs $0.29 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-80-41-50 Technical Services, Software Services
US Bank April 2023 Kellerman CC Statement Web Services for Internet Logs $0.31 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-518-80-41-50 Technical Services, Software Services
US Bank April 2023 Gidlof CC Statement PD Uniforms $253.23 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-22-00 Uniforms
US Bank April 2023 Gidlof CC Statement Swiffer Wetjet $12.76 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-00 Office Supplies
US Bank April 2023 Gidlof CC Statement Logitech Mouse $51.01 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-00 Office Supplies
US Bank April 2023 Gidlof CC Statement Office Supplies $58.32 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-00 Office Supplies
US Bank April 2023 Gidlof CC Statement IT Supplies $38.23 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-01 IT HW,SW Off Equip <$5K
US Bank April 2023 Anderson CC Statement Road Safey Flares $181.65 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-40 Police Operating Supplies
US Bank April 2023 Anderson CC Statement Ammo/Range $515.20 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-31-60 Ammo/Range (Targets, etc)
US Bank April 2023 Gidlof CC Statement Eastside Chiefs $19.45 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-43-00 Travel & Training
US Bank April 2023 Gidlof CC Statement Eastside Chiefs $528.43 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-43-00 Travel & Training
US Bank April 2023 Sass CC Statement Lodging for Northwest Leadership $542.88 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-521-20-43-00 Travel & Training
US Bank April 2023 Crickmore CC Statement Trail Cameras $140.92 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement Replacement Shop Heater $247.60 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement Exmark Mower Blades $91.69 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement Lake Lane Dock Repair $475.63 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Osada CC Statement Arbor Day Seedings $173.96 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement Fertilizer Spreader Parts $21.35 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement SD Card for Trail Camers $9.18 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
US Bank April 2023 Crickmore CC Statement Uniforms $362.23 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-22-00 Uniforms
US Bank April 2023 Crickmore CC Statement Uniforms $99.09 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-22-00 Uniforms
US Bank April 2023 Crickmore CC Statement Uniforms $319.26 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-22-00 Uniforms
US Bank April 2023 Crickmore CC Statement Uniforms $88.08 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-22-00 Uniforms
US Bank April 2023 Crickmore CC Statement Shop Towels $100.59 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
US Bank April 2023 Crickmore CC Statement Compressor Drain Kit $16.38 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
US Bank April 2023 Crickmore CC Statement Shop Towels & Dispensers $51.34 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
US Bank April 2023 Crickmore CC Statement Tarps for Equipment $140.88 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
US Bank April 2023 Crickmore CC Statement Compressor Anti Vibration Pads $30.28 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-31-00 Operating & Maintenance Supplies
US Bank April 2023 Crickmore CC Statement Safety Glasses $133.20 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-30-35-00 Small Tools/minor Equipment
US Bank April 2023 Burns CC Statement PW - Lift Accessory Kit $2,850.00 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-70-40-00 Street Irrigation Utilities
US Bank April 2023 Burns CC Statement PW - Lift Accessory Kit Shipping Cost $617.60 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 101-000-000-542-70-40-00 Street Irrigation Utilities
US Bank April 2023 Wilcox CC Statement Memberships and Accredation Maintenance: AICP, APA, WA
Ch. of APA
$780.00 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 401-000-000-558-60-49-00 Dues, Subscriptions, Memberships
US Bank April 2023 Wilcox CC Statement Regular and Certified Mail for Code Enforcement $8.13 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 401-000-000-558-60-49-10 Miscellaneous
US Bank April 2023 Wilcox CC Statement Regular and Certified Mail for Code Enforcement $8.13 EFT Payment 5/3/2023
12:34:03 PM - 1
4/30/2023 401-000-000-558-60-49-10 Miscellaneous
$13,134.08
US Bank Voyager Fleet Sys. April 2023 Voyager Fleet Payment PD Fuel $2,294.84 EFT Payment 5/3/2023
12:34:28 PM - 1
4/30/2023 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash
$2,294.84
Utilities Underground Location Ctr 3030182 Utility Locate Services $81.27 64674 4/26/2023 101-000-000-542-30-47-00 Utility Services
$81.27
WA ST Dept of Licensing April 2023 CPL Receipts April 2023 CPL Receipts $126.00 20100967-April 2023 CPL
Receipts
4/30/2023 631-000-000-589-30-01-00 Dept Of Lic-Gun Permit
$126.00
WA ST Dept of Retirement Systems 1556329 2022 Old Age & Survivors Insurance $25.00 64675 4/26/2023 001-000-000-514-20-49-00 Misc-Dues,Subscriptions
$25.00
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $6.22 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-511-60-49-00 Miscellaneous
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $135.85 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-518-10-41-00 Professional Services
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $30.30 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-521-20-22-00 Uniforms
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $345.69 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-521-20-31-01 IT HW,SW Off Equip <$5K
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $92.49 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-521-20-31-40 Police Operating Supplies
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $126.25 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-521-20-31-60 Ammo/Range (Targets, etc)
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $196.95 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-521-20-41-00 Professional Services
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $148.28 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-571-00-30-00 Uniforms - Lifeguards
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $975.07 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 001-000-000-576-80-31-00 Operating Supplies
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $53.53 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 103-000-000-558-60-49-10 Miscellaneous-Tree Replacement
WA ST Dept of Revenue 2023 Annual Combined Excise Tax Return 2023 Annual Combined Excise Tax Return $852.94 EFT Payment 5/3/2023
12:34:49 PM - 1
4/30/2023 307-000-000-595-30-63-02 Storm Sewer Improvements
$2,963.57
WA ST Dept of Transportation FB91017009231 PW Fuel $97.93 64676 4/26/2023 001-000-000-576-80-32-00 Vehicle Fuel & Lube
WA ST Dept of Transportation FB91017009231 Building Inspections Vehicle $65.98 64676 4/26/2023 401-000-000-558-60-32-00 Vehicle Expenses - Gas, Oil, Maint.
$163.91
Washington Law Enforcement Information and
Records Association
2690 2023 WAPRO Records Conference - Marxer $400.00 64677 4/26/2023 001-000-000-521-20-43-00 Travel & Training
$400.00
Washington State Patrol 04-04-2023 CPL Background $13.25 64616 4/11/2023 631-000-000-589-30-02-00 WA ST Patrol-Gun-Fbi
$13.25
Willard's Pest Control 405232 CH Pest Services $214.79 64678 4/26/2023 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg
86
AGENDA ITEM 6.1
$214.79
Grand Total $611,672.75 AP Total
Payroll April 2023 Payroll Payroll $20,181.03 Total
4/30/2023 001-000-000-513-10-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $22,029.51 Total
4/30/2023 001-000-000-514-20-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $36,478.55 Total
4/30/2023 001-000-000-518-10-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $156,731.79 Total
4/30/2023 001-000-000-521-20-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $37,345.05 Total
4/30/2023 001-000-000-576-80-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $30,770.11 Total
4/30/2023 101-000-000-542-30-11-00 Salaries, Wages & Benefits
Payroll April 2023 Payroll Payroll $48,217.91 Total
4/30/2023 401-000-000-558-60-11-00 Salaries, Wages & Benefits
$351,753.95 Payroll Total
$963,426.70 Grand Total
87
AGENDA ITEM 6.1
MEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING
Hybrid - Virtual/In-Person
Monday, April 10, 2023 – 5:00 PM
MINUTES
1. REGULAR MEETING - CALL TO ORDER / ROLL CALL
Mayor Rossman called the regular meeting to order in the Medina Council Chambers at
5:01p.m.
PRESENT
Mayor Jessica Rossman
Deputy Mayor Randy Reeves
Councilmember Cynthia Adkins
Councilmember Jennifer Garone
Councilmember Bob Zook
ABSENT
Councilmember Harini Gokul
Councilmember Mac Johnston
STAFF
Burns, Sass, Wagner, Nations
2. APPROVAL OF MEETING AGENDA
Mayor Rossman proposed to amend the meeting agenda as follows:
CITY BUSINESS:
Agenda Item 9.4 was removed and will be added to a future meeting.
ACTION: By consensus, the meeting agenda was amended as proposed.
3. PUBLIC COMMENT PERIOD
Mayor Rossman opened the public comment period. The following individuals addressed
the Council:
Rebecca Johnston’s email was read into the record. She expressed concerns
regarding gas powered leaf blowers and the impact on the residents/environment.
She expressed her support for the council’s efforts in this manner.
88
AGENDA ITEM 6.2
Alexander Kruse addressed the council regarding allowing use of floatplane
moorage on the city's private docks. He will send a follow-up email to the
council with stats and data to support his proposal.
With no other comments, Mayor Rossman closed the public comment period.
4. PRESENTATIONS
4.1 Reports and announcements from Park Board, Planning Commission, Emergency
Preparedness, and City Council.
Planning Commission will combine their report later in the meeting with another agenda
item.
Emergency Preparedness Chair Rosalie Gann invited the council to the next meeting on
Wednesday, April 12, 2023 from 4:00 to 5:30 at City Hall.
No report from Park Board.
5. CITY MANAGER'S REPORT
City Manager Steve Burns reported the staff reports are in written form and will not be
given verbally due to the absence of staff at this meeting. City Manager Burns will
address the council later in the meeting regarding his report topics. Council asked
questions and staff responded.
6. CONSENT AGENDA
ACTION: Motion Reeves second Zook and carried by a 5:0 (Gokul and Johnston absent)
vote; Council approved the Consent Agenda as presented.
6.1 March 2023 - Check Register
Recommendation: Approve.
Staff Contact: Ryan Wagner, Finance Director
6.2 Park Board Meeting Minutes of January 23, 2023
Recommendation: Receive and file.
Staff Contact: Dawn Nations, Deputy City Clerk
6.3 Planning Commission Meeting Minutes of February 28, 2023
Recommendation: Receive and file.
Staff Contact: Stephanie Keyser, AICP, Planning Manager
6.4 Draft Meeting Minutes of March 13, 2023
Recommendation: Adopt minutes.
Staff Contact: Aimee Kellerman, CMC, City Clerk
6.5 Proclamation in Recognition of Municipal Clerks Week April 30 to May 6, 2023
Recommendation: Approve.
Staff Contact: Aimee Kellerman, CMC, City Clerk
89
AGENDA ITEM 6.2
6.6 2023 ARCH Work Program and Budget
Recommendation: Approve.
Staff Contact: Steven R. Burns, City Manager
6.7 Contract Approval with BVC, Inc. for 2023 City-Wide Crack Seal Maintenance
Staff Contact: Ryan Osada, Public Works Director
Staff Recommendation: Approve.
7. LEGISLATIVE HEARING
None.
8. PUBLIC HEARING
None.
9. CITY BUSINESS
9.1 Comprehensive Plan Update
Recommendation: Discussion item only; no action needed.
Staff Contact: Stephanie Keyser, Planning Manager
Planning Manager Stephanie Keyser gave a brief update on the schedule on completing
the comprehensive plan update. She will be asking the council for direction at the May
meeting for planning commission to update the housing element and implementation of
regulations for housing bills that are coming up. Planning Commission discussed the
schedule at the last meeting and are in support of the schedule and having additional
meeting to stay on track. Council discussed, asked questions and staff responded.
ACTION: Discussion item only; no action taken. Council directed staff to schedule a
Development Services meeting to discuss housing element and come up with a
process/timeline.
9.2 Housing Action Plan (HAP) - Draft
Recommendation: N/A
Staff Contact: Stephanie Keyser, Planning Manager
Mayor Rossman gave an overview of the housing action plan. Planning Manager
Stephanie Keyser gave a brief update on the grant funding and overview of the definition
of the housing action plan and strategies on amending the comprehensive plan. There
will be an open house on April 20th and Planning Commission is having a public hearing
on May 2nd. Council was asked to schedule a second public hearing and possible
adoption by a resolution of the Housing Action Plan at the June 12th council meeting; to
comply with the grant funding. This will need to be adopted by June 30, 2023 to comply.
Council discussed, asked questions and staff responded.
ACTION: Discussion item only; no action taken. Council will direct questions to the
Planning Manger to gather for a committee meeting discussion. Council asked for the
Housing Action Plan draft to me revised before presented at the open house.
90
AGENDA ITEM 6.2
9.3 Gas-Powered Leaf Blowers Education and Outreach Update
Recommendation: Discussion and direction.
Staff Contact: Stephen R. Burns, City Manager
City Manager Steve Burns gave a brief update on the education page on the City’s
website. The information was addressed in the city newsletter and other city noticing
platforms. There will be an open house on May 11th to answer questions and gather
feedback from the community. The City will send out a survey to the residents after the
open house. Council discussed, asked questions and staff responded.
ACTION: Discussion item only; no action taken.
9.4 Park Use Permit Pilot Program
Recommendation: Approve Proposed Pilot Program
Staff Contacts: Stephen R. Burns, City Manager and Aimee Kellerman, CMC, City
Clerk
ACTION: This item was removed from the agenda.
10. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE
Council asked City Manager Burns to do brief research regarding the reason behind why
float planes are not allowed in Medina. He will report back to the council at a later date.
11. PUBLIC COMMENT
Mayor Rossman opened the public comment period.
Alexander Kruse gave additional comments on float planes. He will do research
on the history and report back to the council. He also commented on housing
issues.
With no other comments, Mayor Rossman closed the public comment period.
At this time (6:15 p.m.), Council took a brief recess.
The full Council reconvened and moved into Executive Session at 6:31 p.m. for an
estimated time of 90 minutes.
12. EXECUTIVE SESSION
ES-1: RCW 42.30.110 (1)(i)
To discuss with legal counsel representing the agency matters relating to agency
enforcement actions, or to discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, or a member acting in an
official capacity is, or is likely to become, a party, when public knowledge regarding the
discussion is likely to result in an adverse legal or financial consequence to the agency;
and
ES-2: RCW 42.30.110 (b)
91
AGENDA ITEM 6.2
To consider the minimum price at which real estate by lease or purchased when public
knowledge regarding such consideration would cause a likelihood of increased price.
Council adjourned the Executive Session back into the regular meeting at 7:55 p.m.
ACTION: No action was taken following the Executive Session.
13. ADJOURNMENT
By consensus, Council adjourned at 7:56 PM.
Meeting Minutes taken by Dawn Nations, Deputy City Clerk
92
AGENDA ITEM 6.2
MEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING
Hybrid - Virtual/In-Person
Monday, April 24, 2023 – 5:00 PM
MINUTES
1. REGULAR MEETING - CALL TO ORDER / ROLL CALL
Mayor Rossman called the regular meeting to order in the Medina Council Chambers at
5:02 p.m.
PRESENT
Mayor Jessica Rossman
Deputy Mayor Randy Reeves
Councilmember Cynthia Adkins (online)
Councilmember Jennifer Garone
Councilmember Mac Johnston
Councilmember Bob Zook
ABSENT
Councilmember Harini Gokul
STAFF PRESENT
Burns, Missall, Wagner, Osada, Wilcox, Sass, Keyser, and Kellerman
2. APPROVAL OF MEETING AGENDA
ACTION: By consensus, Council approved the meeting agenda as presented.
3. PUBLIC COMMENT PERIOD
Mayor Rossman opened the public comment period. The following individuals addressed
the Council:
City Clerk Aimee Kellerman referred Council to an email regarding Overlake Golf
and Country Club Street Vacation Petition from M3 Sweatt.
Alexander Kruse commented on his proposal to allow the permitted use of
floatplane moorage on the city's private docks.
Matt Larson introduced himself to Council as one of the city's contact liaison for
Puget Sound Energy.
With no further comments, Mayor Rossman closed the public comment period.
93
AGENDA ITEM 6.2
4. CITY MANAGER'S REPORT
None.
5. PRESENTATIONS
None.
6. CONSENT AGENDA
None.
7. LEGISLATIVE HEARING
None.
8. PUBLIC HEARING
None.
9. CITY BUSINESS
9.1 City-Wide Undergrounding Project
Staff Contact: Ryan Osada, Public Works Director
Staff Recommendation: Discussion and direction.
Director of Public Works Ryan Osada gave a presentation on undergrounding utilities in
Medina. The undergrounding service conversion if approved would run in three phases at
approximately 15 months each. Additional items to be considered are: trenching, surface
restoration, engineering, management, and easements.
ACTION: Discussion item only; no action taken. Council requested that staff create an
informational page on the city's website with updated FAQ's.
9.2 Funding Stormwater Replacement Options
Recommendation: Discussion and direction.
Staff Contact: Ryan Wagner, Director of Finance and HR
Director of Finance and HR, Ryan Wagner gave Council options for funding the
stormwater infrastructure in Medina. The three options provided are: funding stormwater
internally using capital reserves, stormwater fee through King County, or a combination
of options 1 and 2. Council discussed, asked questions, and staff responded.
ACTION: Discussion item only; no action taken. Council directed staff to move forward
with option 1 using capital reserves. Staff will come back to Council during the 2024 budget
discussion with a proposal.
9.3 Resolution Setting Legislative Hearing – OGCC Street Vacation
Recommendation: Adopt Resolution No. 432
Staff Contacts: Scott Missall, City Attorney and Stephanie Keyser, AICP, Planning
Manager
94
AGENDA ITEM 6.2
City Attorney Scott Missall gave an update on the Overlake Golf and Country Club street
vacation petition. Council asked questions and staff responded.
ACTION: Motion Reeves second Garone; Council adopted Resolution No. 432 by a 4:2
(Adkins and Zook dissented) (Gokul absent) vote.
10. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE
None.
11. PUBLIC COMMENT
Mayor Rossman opened the public comment period. There were no speakers.
Subsequently, public comment was closed.
12. ADJOURNMENT
By consensus, Council adjourned the regular meeting at 6:56 p.m.
95
AGENDA ITEM 6.2
MEDINA, WASHINGTON
AGENDA BILL
Monday, May 8th, 2023
Subject: Proclamation recognizing “National Police Week” and Peace Officer Memorial Day”
Category: Consent
Staff Contact: Jeffrey R. Sass, Chief of Police
Summary
In 1962 the Congress and the President of the United States signed a proclamation which
designated May 15 as “Peace Officer Memorial Day” and the week in which that date falls as
“Police Week.”
This proclamation will recognize the week of May 9 – 15, 2021 as “National Police Week” and
May 15 as “Peace Officer Memorial Day” in the City of Medina.
Attachment(s)
Proclamation recognizing “National Police Week” and “Peace Officer Memorial Day”
Budget/Fiscal Impact: None
Recommendation: Approve.
City Manager Approval: N/A
Proposed Council Motion: N/A
96
AGENDA ITEM 6.3
City of Medina, Washington
PROCLAMATION
NATIONAL POLICE WEEK AND PEACE OFFICER MEMORIAL DAY
WHEREAS , In 1962 the Congress and the President of the United States signed a
proclamation which designated May 15 as “Peace Officer Memorial Day ” and the week in
which that date falls as “Police Week ”; and
WHEREAS , members of law enforcement recognize their duty to serve the citizens of the City
of Medina by safeguarding life and property, by protecting them against violence and disorder,
and by protecting the i nnocent against deception and the weak against oppression or
intimidation; and
WHEREAS , during Law Enforcement Week, and throughout the year, the Medina City Council
recognizes and appreciates the critical contributions and sacrifices made by members of la w
enforcement at all levels, and honors their courage and dedication;
WHEREAS , the dedicated men and women of the Medina Police Department provide this vital
public service day and night enforcing the law, safeguarding the lives and property, rights and
freedom of every community member,
NOW, THEREFORE , I, Jessica Rossman, Mayor of the City of Medina, Washington, and on
behalf of the City Council, do hereby proclaim the City’s recognition and appreciation of our
law enforcement officers, past and present, b y designating the week of May 14 th and 20th,
2023 as
NATIONAL POLICE WEEK
in recognition of the service given by these men and women who stand guard to preserve the
rights and security of all citizens.
Further, the City Council calls upon the citizens of Medina to observe May 15, 2023, as
PEACE OFFICER’S MEMORIAL DAY
in honor of those fallen law enforcement officers and those who became disabled in the
performance of their duty and recognize and offer our respect to the survivors of our fallen
heroes.
____________________________________
Jessica Rossman, Mayor – City of Medina
97
AGENDA ITEM 6.3
MEDINA, WASHINGTON
AGENDA BILL
Monday, May 8, 2023
Subject: Public Defender Contract for Court
Category: Consent
Staff Contact: Jeffrey R. Sass, Chief of Police
Summary
The current public defender is no longer being offered as an option through the Kirkland Court.
The old contract was outdated, and prices have increased since 2019 when last updated. The
proposed new contract is for Valley Defenders, PLLC.
Attachment(s)
Public Defense Contract
Budget/Fiscal Impact: Approximately $250 per month
Recommendation: Approve.
City Manager Approval:
Proposed Council Motion: Approve
98
AGENDA ITEM 6.4
PUBLIC DEFENSE CONTRACT
THIS CONTRACT ("Contract") is entered into by and between the City of Medina, a
municipal corporation, ("City,") and Valley Defenders, PLLC (''Contractor.")
1. Scope of Services and Warranty. In cases assigned by the City of Medina
through the Kirkland Municipal Court, Contractor will provide indigent defense
services related to cases as defined herein and in accordance with the standards in
RCW 10.101.030 adopted by the City of Medina. Contractor warrants that every
attorney employed by Contractor to perform services under this Contract has
read and is fully familiar with Washington Supreme Court standards and the
standards adopted by the City ("Standards''). Compliance with these Standards
goes to the essence of this Contract. Contractor, and every attorney performing
services under this Contract, have knowledge of the Standards, will comply with
the Standards, and shall certify compliance as needed with Kirkland Municipal
Court. Contractor shall provide legal representation for each defendant in
connection with assigned cases. If Contractor is counsel of record for an
individual who is jailed on a City matter, Contractor shall be available to appear
in court before such individual has been in custody for 24 hours; except that,
this provision does not require the Contractor to be available to appear in Court
on Saturdays, Sundays, or City holidays. Contractor may withdraw upon
completion of the case or the Contract as allowed by the Rules of Professional
Conduct.
A. Contractor, at the earliest possible time following appointment (within three days
if the defendant is in custody) shall review with the Defendant the elements of
the offense, the presumption of innocence, the prosecutor's burden to prove
each element beyond a reasonable doubt, the right to a jury trial, the right to a
speedy trial, the right to present a defense, the maximum penalties, any
mandatory minimum penalties, that it is solely the client's decision to enter a
plea of guilty or proceed to trial, and any other witness or investigative issues.
B. Contractor, at the initial meeting, shall also assess the client's ability to
understand English and need for an interpreter, competency, literacy, and
citizenship and/or immigration issues. Additionally, Contractor shall provide
contact information for the Contractor to the client and check for conflicts.
C. Contractor will provide training and supervision in accordance with City and
Washington State Bar Association Standards to every attorney employed by
Contractor to perform services under this Contract.
99
AGENDA ITEM 6.4
2. Applicant Screening. Determination of indecency for eligibility for appointed counsel
under this Contract shall be determined by a screening process established by the
City. Kirkland Municipal Court shall be responsible for handling the screening
process. Should Contractor determine the defendant is not eligible for assigned
counsel, Contractor shall withdraw from the case and so advise the Court and the
City of the withdrawal and the reason therefor, subject to Contractor's professional
duties under the Rules of Professional Conduct.
3. Associated Counsel. Contractor may arrange for other attorneys to perform services
under this Contract at Contractor's expense. Contractor may delegate the authority to
perform Contract services to an attorney who is licensed to practice law before the
courts of record for the State of Washington, unless City objects to services by that
attorney. In any event, Contractor shall be responsible for overseeing and approving
services performed by other attorneys. Contractor must immediately report to the City
any change affecting the maintenance of his or her membership in good standing
of the Washington State Bar Association.
4. Proof of Professional Liability Insurance. Contractor will, at Contractor's sole
expense, obtain and maintain during the life of this Contract, a policy of
comprehensive general liability and professional liability insurance. Said policy shall
have limits of not less than One Million Dollars ($1,000,000) per occurrence and be
placed with an insurer authorized to do business in the State of Washington.
Certificates issued by the insurance carrier showing such insurance to be in force
shall be filed with the City not less than ten days following signing of this Contract.
5. Indemnification.
A. Contractor shall defend, indemnify and hold the City, its elected officials, officers
and employees harmless from any and all claims, losses or liability, including
attorney's fees, whatsoever arising out of Contractor's performance of
obligations pursuant to this Contract, including but not limited to claims arising
by reason of accident, injury or death caused to persons or property of any kind
occurring by the fault or neglect of the Contractor, his agents, associates or
employees, or occurring without the fault or neglect of the City.
B. With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obl igation to
indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of Contractor. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any
damage resulting from the sole negligence of the City, its agents, and
employees. To the extent any of the damages covered by this paragraph were
caused by or resulted from the concurrent negligence of the City, its agents or
employees, this obligation to indemnify, defend and hold harmless is valid and
-,---------,-------------------..... ---- 100
AGENDA ITEM 6.4
enforceable only to the extent of the negligence of the Contractor, its officers,
agents and employees.
6. Base Compensation.
A. The City shall pay Contractor for services rendered under this Contract the sum
of $750 per month, to include up to one appointment, and $400 for each
additional case per month; $100 per review hearing scheduled, $500 for jury
trials, and $750 per case appealed to the Superior Court. All fees shall be paid
to the Contractor within 30 days of the invoice being provided to the City.
Contractor shall submit an invoice quarterly.
B. Except as expressly provided in Section 7, the cost of all infrastructure,
administrative support and systems as well as standard overhead services
necessary to comply with established standards is included in the base
payment provided in Section 6.A. above.
C. For all purposes under this Contract, an assigned "case" shall mean a group of
criminal charges related to a single incident filed against a defendant, from the
time of screening for eligibility through trial, sentencing, post-trial appearances,
appeals to the Superior Court, and any subsequent review hearings, if
necessary. A "case" shall not include temporary or provisional appointments at
arraignments or in-custody hearings, appointments by a court at a court hearing
for that one court hearing only, and also shall not include prefiling representation
provided to a suspect who is under investigation for a violation of RON
46.61.502 through .504.
7. Payments in Addition to the Base Compensation. The City shall pay for the following
case expenses when reasonably incurred and approved by the Municipal Court from
funds available for that purpose:
A. The City shall provide to Contractor, at no cost to Contractor or the defendant,
one copy of all discoverable material concerning the case. Such material shall
include, where relevant, a copy of the abstract of the defendant's driving record.
B. Non-routine case expenses requested by Contractor and preauthorized by
order of the Kirkland Municipal Court. Unless the services are performed by
Contractor's staff or subcontractors, non-routine expenses include, but are not
limited to:
i. medical and psychiatric evaluations;
ii. expert witness fees and expenses;
iii. interpreters for languages not commonly spoken in the City or interpreter
services other than attorney/client communication utilizing CTS Language
Link unless otherwise approved;
101
AGENDA ITEM 6.4
iv. polygraph, forensic and other scientific tests;
v. computerized legal research;
vi. investigation expenses; and
vii. any other non-routine expenses the Municipal Court finds necessary and
proper for the investigation, preparation, and presentation of a case.
C. Lay witness fees and mileage incurred in bringing defense witnesses to court.
D. The cost of providing one copy of the client's case file upon client's or client's
appellate, post-conviction relief or habeas corpus attorney's request, or at the
request of counsel appointed to represent the client when the client has been
granted a new trial.
E. The cost of making copies of direct appeal transcripts for representation in post-
conviction relief cases. Contractor is limited to no more than two copies.
F. Medical, school, birth, Department of Motor Vehicles, and other similar records
and 911 and emergency communication recordings and logs, up to the cost of
$75 for an individual item, unless additional funds are approved by the court.
8.
9.
10.
11.
G. The cost for the service of a subpoena.
No Assignment or Subcontracts. No assignment or transfer of this Contract or any
interest in this Contract shall be made by either of the parties without prior written
consent.
Contractor Conflict. In the event the representation of the defendant hereunder
raises a conflict of interest such that the Contractor cannot represent the defendant,
the defendant shall be referred back to the City for further assignment.
Term of this Contract. Contractor shall provide legal representation for assigned
defendants under this Contract through December 31, 2023. The Contract may
be extended for additional one-year periods at the City's discretion.
Termination.
A. For Cause. Either party may terminate this Contract in the event the other party
fails to perform its obligations as described in this Contract and if such failure
has not been corrected to the reasonable satisfaction of the first party in a
timely manner after notice of breach has been provided to the second party.
B. For Reasons Beyond the Control of Parties. Either party may terminate this
Contract without recourse by the other where performance is rendered
impossible or impracticable for reasons beyond such party's reasonable control,
such as, but not limited to, acts of nature; war or warlike operations; civil
commotion; riot; labor dispute, including strike, walkout or lockout; sabotage,
102
AGENDA ITEM 6.4
or superior governmental regulation or control. Notice of termination pursuant
to this subsection shall be given as far in advance as is reasonable.
C. Without Cause. Either party may terminate this Contract at any time without
cause upon giving the non-terminating party not less than ninety (90) days
prior written notice.
D. In the event of termination of this Agreement and to the extent the client can be
adequately represented, the case shall be transferred to the new service
provider as efficiently and practicably as possible, and within the guidelines and
restrictions of the Rules of Professional Conduct.
12. Amendment. No modification or amendment of the provisions of this Contract shall
be effective unless in writing and signed by authorized representatives of the parties
hereto.
13. Entire Agreement. This Contract contains the entire agreement between the parties
and may not be enlarged, modified or altered except in writing, signed by the parties
and endorsed hereon.
DATED this _____ day, __________________ of 202 3.
CITY OF MEDINA
____________________________
By
Title.
By ______________________________________
Title __________________________
'
103
AGENDA ITEM 6.4
MEDINA, WASHINGTON
AGENDA BILL
Monday, April 10, 2023
Subject: Park Use Permit Pilot Program
Category: City Council Business – Discussion
Staff Contacts: Stephen R. Burns, City Manager and Aimee Kellerman, CMC, City Clerk
Summary
The city processes two types of permits for events in Medina. A Special Event permit for groups
of 50 or more and a Park Use permit for groups of 49 or less. In July 2019, City Council directed
then City Manager, Michael Sauerwein to update the Special Events permit ordinance to include
full cost recovery, including disposal of large volumes of garbage as well as personnel costs.
In review of both the Special Event permit and Park Use permit, staff is proposing to keep the two
permits divided and start a one-year pilot program with the Park Use permit. The city receives a
relatively small number of requests to reserve either the picnic shelter at Medina Park or a picnic
table at Medina Beach Park including the picnic table by the south dock.
At the January 9, 2023 City Council meeting, Council directed staff to revise the first proposal with
locations to be determined at both Medina Park and Medina Beach Park, create a map to mark
reservable tables, review and revise fee structure for both residents and non-resident.
The updated proposal for the pilot program would run from May 13, 2023, through September 30,
2023, allowing for two picnic tables at Medina Beach Park and the picnic shelter at Medina Park
to be reservable each day.
Reservation rules would include a $50.00 non-refundable deposit for residents and a $100.00
non-refundable deposit for non-residents at Medina Beach Park and a $100 non-refundable
deposit for residents and a $200 non-refundable deposit for non-residents for the Medina Park
picnic shelter.
A minimum of one hour is required for a reservation with an hourly fee of $35 an hour for residents
and $70 an hour for non-residents with a time limit of three-hours per reservation at Medina Beach
Park. A minimum of one hour is required for a reservation with an hourly fee $50 for residents and
$100 for non-residents for the Medina Park picnic shelter with a maximum time limit of three hours.
Other rules will include requiring reservation requests of at least 7 days advance but not more
than 45 days for residents and not more than 30 days for non-residents.
Having a limited reservation system and a structured process in place for our park use, allows
staff to better manage park use, recover costs for staff time, and manage the wear and tear of our
parks, picnic tables and shelter. In addition, having time limits on reservations allows for other
park patrons to have use of the picnic tables.
104
AGENDA ITEM 9.1
Lastly, applicants would be required to provide a parking plan for additional parking beyond the
Medina City Hall parking lot if needed.
This pilot program meets and supports the Council’s priorities 3, 4, and 5.
Council Priorities:
1. Financial Stability and Accountability
2. Quality Infrastructure
3. Efficient and Effective Government
4. Public Safety and Health
5. Neighborhood Character
Attachments:
Proposed Park Reservation Rules and fees
Maps of Medina Beach Park showing picnic tables and Medina Park picnic shelter
Comparable cities parks use
Budget/Fiscal Impact: TBD
Recommendation: Approve Proposed Pilot Program
City Manager Approval:
Proposed Council Motion: “I move to approve staff’s recommendation to start a Park Use Pilot
Program as proposed and report back to Council at the October 2023 City Council meeting.”
Time Estimate: 15 minutes
105
AGENDA ITEM 9.1
DRAFT City of Medina Park Reservation Fee Schedule
Page 1 of 1
PARK RESERVATION/USE FEES
Park Facility Reservation/Use Fees and Deposits:
(1) Park Facility Reservation/Use Fees and Deposits. Charges for use the City of Medina Parks
picnic tables, covered shelter, and open space areas shall be as follow:
Facility Non-refundable Deposit Hourly Fee - Resident Hourly Fee - Non-Resident
Medina Park
Gazebo/Shade Structure
$100.00/resident
$200.00/non-resident
$50.00 $100.00
Medina Beach Park Picnic
Table
$50.00/resident
$100/non-resident
$35.00 $70.00
The applicable fee and deposit shall be required per area or facility reserved.
Minimum of one hour required for reservation.
Medina Beach Park Small Picnic Tables: Maximum party size is 12 people.
Medina Park Gazebo/Shade Structure: Maximum party size 30
Guidelines and Park Rules:
Picnic area space is for groups of *50 people or less, with no additional equipment or activities
utilized.
Picnic area reservations have a time limit of three (3) hours per reservation; each space is
available from 8am – 5pm.
Picnic area reservations must be made at least seven days in advance of the desired date.
(Reservations cannot be made less than seven days. Non reserved areas are first come, first
served).
Alcohol, vehicles, and public sales are prohibited at picnic areas.
Renter’s Responsibility:
Main Contact must attend the event and assumes responsibility for all activities conducted, including,
but not limited to:
Provide supervision and control to prevent injury or damage.
Pick up all litter and place all garbage in trash receptacles or remove from park.
Clean tables and benches to make area presentable for the next group.
Provide security to maintain order.
Ensure everyone attending event is following City Codes and Policies.
Parking:
Parking is limited and available on a first-come, first-served basis. An alternative parking plan may be
required by staff.
*For groups 50 or more people, click here Special Events Permit
106
AGENDA ITEM 9.1
107
AGENDA ITEM 9.1
108
AGENDA ITEM 9.1
Park Reservation Facilities – Local Area
MERCER ISLAND
Picnic Area Information:
Luther Burbank Park has three picnic areas available for reservation (A, B, and C). None of these
spaces are covered by a shelter; all spaces include picnic tables and at least one charcoal grill.
Aubrey Davis Park has one picnic shelter available for reservation.
Fees: Each picnic area is $175 per day.
Aubrey Davis Picnic Shelter - $175.00/Daily (50 ppl max)
30’x25’ covered shelter
3 grills
Drinking fountain
1 20-amp electrical outlet
Luther Burbank Picnic Area - $175.00/Daily (50 ppl max)
Grills
Picnic tables
Guidelines and Park Rules:
Picnic area space is for groups of *50 people or less, with no additional equipment or activities
utilized.
Picnic area reservations are full-day only; each space is available from 8am – 8pm.
Picnic area reservations must be made at least seven days in advance of the desired date.
(Reservations cannot be made less than seven days. Non reserved areas are first come, first
served).
Alcohol, vehicles, and public sales are prohibited at picnic areas.
REDMOND
City of Redmond picnic shelters are available to rent from April through September each year.
Smallest maximum occupancy is 35 ppl with maximum occupancy at 75 ppl.
Picnic Shelter Fees:
Resident Rate $180/daily – 09:00 to sunset
Non-Resident $214/daily – 09:00 to sunset
109
AGENDA ITEM 9.1
KIRKLAND
The city of Kirkland has several park locations with various fees for both resident and non-resident fees.
Picnic Areas/Shelters Fees and Hours
Hours:
Half Day (9 AM to 2 PM or 3 PM to 9 PM)
All Day (9 AM to 9 PM)
Location Half Day All Day
Resident Non-Resident Resident Non-Resident
132nd Square Picnic Shelter $100 $120 $190 $230
Crestwoods Picnic Area $175 $210 $300 $360
Edith Moulton Picnic Shelter $100 $120 $190 $230
Everest Picnic Shelter $100 $120 $190 $230
Houghton Picnic Area $85 $100 $160 $190
Juanita Beach Picnic Shelter 1 $120 $145 $230 $275
Juanita Beach Picnic Shelter 2 $120 $145 $230 $275
Juanita Beach Picnic Shelters 1 & 2 $230 $275 $450 $540
North Rose Hill Woodlands Shelter $40 $48 $75 $90
OO Denny Picnic Area $85 $100 $160 $190
OO Denny Picnic Shelter $120 $145 $230 $275
Rose Hill Meadows Shelter $40 $48 $75 $90
Rotary Central Station Shelter $40 $48 $75 $90
Waverly Beach Picnic Shelter $85 $100 $160 $190
BOTHELL
The city of Bothell has two locations for picnic shelter rentals with fees for both resident and non-
resident.
Large shelter (max capacity 60) Locations: Blyth Park, Cedar Grove Park
Half Day: 8am - 2pm OR 3pm - 9pm
Full Day: 8am - 9pm
Resident: $100 half day or $200 full day
Non-Resident: $150 half day or $300 full day
110
AGENDA ITEM 9.1
Small shelter (max capacity 25) Locations: Blyth Park, Centennial Park
Half Day: 8am-2pm OR 3pm-9pm
Full Day: 8am-9pm
Residents: $50 half day or $100 full day
Non-Residents: $100 half day or $200 full day
111
AGENDA ITEM 9.1
Comprehensive Plan Update
NO ATTACHMENTS FOR AGENDA ITEM 9.2
112
AGENDA ITEM 9.2
MEDINA, WASHINGTON
AGENDA BILL
Monday, May 8, 2023
Subject: New Housing Legislation
Category: Discussion
Staff Contact: Stephanie Keyser, Planning Manager
Summary
Two of the bills that passed the 2023 Legislative Session will require amendments to Medina’s
development regulations by June 30, 2025. E2SHB 1110 requires allowing at least 2 dwellings
per lot on all lots and EHB 1337 requires allowing at least 2 accessory dwelling units (ADUs) per
lot.
Attachment(s) E2SHB 1110
EHB 1337
Budget/Fiscal Impact: N/A
Recommendation: N/A
City Manager Approval:
Proposed Council Motion: N/A
Time Estimate: 20 minutes
113
AGENDA ITEM 9.3
AN ACT Relating to creating more homes for Washington by 1
increasing middle housing in areas traditionally dedicated to single-2
family detached housing; amending RCW 36.70A.030, 36.70A.280, 3
43.21C.495, and 43.21C.450; adding new sections to chapter 36.70A 4
RCW; adding a new section to chapter 64.34 RCW; adding a new section 5
to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; 6
adding a new section to chapter 64.90 RCW; and creating new sections.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that Washington is 9
facing an unprecedented housing crisis for its current population and 10
a lack of housing choices, and is not likely to meet the 11
affordability goals for future populations. In order to meet the goal 12
of 1,000,000 new homes by 2044, and enhanced quality of life and 13
environmental protection, innovative housing policies will need to be 14
adopted.15
Increasing housing options that are more affordable to various 16
income levels is critical to achieving the state's housing goals, 17
including those codified by the legislature under chapter 254, Laws 18
of 2021.19
There is continued need for the development of housing at all 20
income levels, including middle housing that will provide a wider 21
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Bateman, Barkis, Reed, Taylor, Riccelli, Berry, Fitzgibbon, Peterson,
Duerr, Lekanoff, Alvarado, Street, Ryu, Ramel, Cortes, Doglio, Macri,
Mena, Gregerson, Thai, Bergquist, Farivar, Wylie, Stonier, Pollet,
Santos, Fosse, and Ormsby)
READ FIRST TIME 02/24/23.
p. 1 E2SHB 1110.PL114
AGENDA ITEM 9.3
variety of housing options and configurations to allow Washingtonians 1
to live near where they work.2
Homes developed at higher densities are more affordable by design 3
for Washington residents both in their construction and reduced 4
household energy and transportation costs.5
While creating more housing options, it is essential for cities 6
to identify areas at higher risk of displacement and establish 7
antidisplacement policies as required in Engrossed Second Substitute 8
House Bill No. 1220 (chapter 254, Laws of 2021).9
The state has made historic investments in subsidized affordable 10
housing through the housing trust fund, yet even with these historic 11
investments, the magnitude of the housing shortage requires both 12
public and private investment.13
In addition to addressing the housing shortage, allowing more 14
housing options in areas already served by urban infrastructure will 15
reduce the pressure to develop natural and working lands, support key 16
strategies for climate change, food security, and Puget Sound 17
recovery, and save taxpayers and ratepayers money.18
Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to 19
read as follows:20
Unless the context clearly requires otherwise, the definitions in 21
this section apply throughout this chapter.22
(1) "Administrative design review" means a development permit 23
process whereby an application is reviewed, approved, or denied by 24
the planning director or the planning director's designee based 25
solely on objective design and development standards without a public 26
predecision hearing, unless such review is otherwise required by 27
state or federal law, or the structure is a designated landmark or 28
historic district established under a local preservation ordinance. A 29
city may utilize public meetings, hearings, or voluntary review 30
boards to consider, recommend, or approve requests for variances from 31
locally established design review standards.32
(2) "Adopt a comprehensive land use plan" means to enact a new 33
comprehensive land use plan or to update an existing comprehensive 34
land use plan.35
(((2))) (3) "Affordable housing" means, unless the context 36
clearly indicates otherwise, residential housing whose monthly costs, 37
including utilities other than telephone, do not exceed thirty 38
percent of the monthly income of a household whose income is:39
p. 2 E2SHB 1110.PL115
AGENDA ITEM 9.3
(a) For rental housing, sixty percent of the median household 1
income adjusted for household size, for the county where the 2
household is located, as reported by the United States department of 3
housing and urban development; or4
(b) For owner-occupied housing, eighty percent of the median 5
household income adjusted for household size, for the county where 6
the household is located, as reported by the United States department 7
of housing and urban development.8
(((3))) (4) "Agricultural land" means land primarily devoted to 9
the commercial production of horticultural, viticultural, 10
floricultural, dairy, apiary, vegetable, or animal products or of 11
berries, grain, hay, straw, turf, seed, Christmas trees not subject 12
to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish 13
in upland hatcheries, or livestock, and that has long-term commercial 14
significance for agricultural production.15
(((4))) (5) "City" means any city or town, including a code city.16
(((5))) (6) "Comprehensive land use plan," "comprehensive plan," 17
or "plan" means a generalized coordinated land use policy statement 18
of the governing body of a county or city that is adopted pursuant to 19
this chapter.20
(((6))) (7) "Cottage housing" means residential units on a lot 21
with a common open space that either: (a) Is owned in common; or (b) 22
has units owned as condominium units with property owned in common 23
and a minimum of 20 percent of the lot size as open space.24
(8) "Courtyard apartments" means up to four attached dwelling 25
units arranged on two or three sides of a yard or court.26
(9) "Critical areas" include the following areas and ecosystems: 27
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 28
used for potable water; (c) fish and wildlife habitat conservation 29
areas; (d) frequently flooded areas; and (e) geologically hazardous 30
areas. "Fish and wildlife habitat conservation areas" does not 31
include such artificial features or constructs as irrigation delivery 32
systems, irrigation infrastructure, irrigation canals, or drainage 33
ditches that lie within the boundaries of and are maintained by a 34
port district or an irrigation district or company.35
(((7))) (10) "Department" means the department of commerce.36
(((8))) (11) "Development regulations" or "regulation" means the 37
controls placed on development or land use activities by a county or 38
city, including, but not limited to, zoning ordinances, critical 39
areas ordinances, shoreline master programs, official controls, 40
p. 3 E2SHB 1110.PL116
AGENDA ITEM 9.3
planned unit development ordinances, subdivision ordinances, and 1
binding site plan ordinances together with any amendments thereto. A 2
development regulation does not include a decision to approve a 3
project permit application, as defined in RCW 36.70B.020, even though 4
the decision may be expressed in a resolution or ordinance of the 5
legislative body of the county or city.6
(((9))) (12) "Emergency housing" means temporary indoor 7
accommodations for individuals or families who are homeless or at 8
imminent risk of becoming homeless that is intended to address the 9
basic health, food, clothing, and personal hygiene needs of 10
individuals or families. Emergency housing may or may not require 11
occupants to enter into a lease or an occupancy agreement.12
(((10))) (13) "Emergency shelter" means a facility that provides 13
a temporary shelter for individuals or families who are currently 14
homeless. Emergency shelter may not require occupants to enter into a 15
lease or an occupancy agreement. Emergency shelter facilities may 16
include day and warming centers that do not provide overnight 17
accommodations.18
(((11))) (14) "Extremely low-income household" means a single 19
person, family, or unrelated persons living together whose adjusted 20
income is at or below thirty percent of the median household income 21
adjusted for household size, for the county where the household is 22
located, as reported by the United States department of housing and 23
urban development.24
(((12))) (15) "Forestland" means land primarily devoted to 25
growing trees for long-term commercial timber production on land that 26
can be economically and practically managed for such production, 27
including Christmas trees subject to the excise tax imposed under RCW 28
84.33.100 through 84.33.140, and that has long-term commercial 29
significance. In determining whether forestland is primarily devoted 30
to growing trees for long-term commercial timber production on land 31
that can be economically and practically managed for such production, 32
the following factors shall be considered: (a) The proximity of the 33
land to urban, suburban, and rural settlements; (b) surrounding 34
parcel size and the compatibility and intensity of adjacent and 35
nearby land uses; (c) long-term local economic conditions that affect 36
the ability to manage for timber production; and (d) the availability 37
of public facilities and services conducive to conversion of 38
forestland to other uses.39
p. 4 E2SHB 1110.PL117
AGENDA ITEM 9.3
(((13))) (16) "Freight rail dependent uses" means buildings and 1
other infrastructure that are used in the fabrication, processing, 2
storage, and transport of goods where the use is dependent on and 3
makes use of an adjacent short line railroad. Such facilities are 4
both urban and rural development for purposes of this chapter. 5
"Freight rail dependent uses" does not include buildings and other 6
infrastructure that are used in the fabrication, processing, storage, 7
and transport of coal, liquefied natural gas, or "crude oil" as 8
defined in RCW 90.56.010.9
(((14))) (17) "Geologically hazardous areas" means areas that 10
because of their susceptibility to erosion, sliding, earthquake, or 11
other geological events, are not suited to the siting of commercial, 12
residential, or industrial development consistent with public health 13
or safety concerns.14
(((15))) (18) "Long-term commercial significance" includes the 15
growing capacity, productivity, and soil composition of the land for 16
long-term commercial production, in consideration with the land's 17
proximity to population areas, and the possibility of more intense 18
uses of the land.19
(((16))) (19) "Low-income household" means a single person, 20
family, or unrelated persons living together whose adjusted income is 21
at or below eighty percent of the median household income adjusted 22
for household size, for the county where the household is located, as 23
reported by the United States department of housing and urban 24
development.25
(((17))) (20) "Major transit stop" means:26
(a) A stop on a high capacity transportation system funded or 27
expanded under the provisions of chapter 81.104 RCW;28
(b) Commuter rail stops;29
(c) Stops on rail or fixed guideway systems; or30
(d) Stops on bus rapid transit routes.31
(21) "Middle housing" means buildings that are compatible in 32
scale, form, and character with single-family houses and contain two 33
or more attached, stacked, or clustered homes including duplexes, 34
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 35
flats, courtyard apartments, and cottage housing.36
(22) "Minerals" include gravel, sand, and valuable metallic 37
substances.38
(((18))) (23) "Moderate-income household" means a single person, 39
family, or unrelated persons living together whose adjusted income is 40
p. 5 E2SHB 1110.PL118
AGENDA ITEM 9.3
at or below 120 percent of the median household income adjusted for 1
household size, for the county where the household is located, as 2
reported by the United States department of housing and urban 3
development.4
(((19))) (24) "Permanent supportive housing" is subsidized, 5
leased housing with no limit on length of stay that prioritizes 6
people who need comprehensive support services to retain tenancy and 7
utilizes admissions practices designed to use lower barriers to entry 8
than would be typical for other subsidized or unsubsidized rental 9
housing, especially related to rental history, criminal history, and 10
personal behaviors. Permanent supportive housing is paired with on-11
site or off-site voluntary services designed to support a person 12
living with a complex and disabling behavioral health or physical 13
health condition who was experiencing homelessness or was at imminent 14
risk of homelessness prior to moving into housing to retain their 15
housing and be a successful tenant in a housing arrangement, improve 16
the resident's health status, and connect the resident of the housing 17
with community-based health care, treatment, or employment services. 18
Permanent supportive housing is subject to all of the rights and 19
responsibilities defined in chapter 59.18 RCW.20
(((20))) (25) "Public facilities" include streets, roads, 21
highways, sidewalks, street and road lighting systems, traffic 22
signals, domestic water systems, storm and sanitary sewer systems, 23
parks and recreational facilities, and schools.24
(((21))) (26) "Public services" include fire protection and 25
suppression, law enforcement, public health, education, recreation, 26
environmental protection, and other governmental services.27
(((22))) (27) "Recreational land" means land so designated under 28
RCW 36.70A.1701 and that, immediately prior to this designation, was 29
designated as agricultural land of long-term commercial significance 30
under RCW 36.70A.170. Recreational land must have playing fields and 31
supporting facilities existing before July 1, 2004, for sports played 32
on grass playing fields.33
(((23))) (28) "Rural character" refers to the patterns of land 34
use and development established by a county in the rural element of 35
its comprehensive plan:36
(a) In which open space, the natural landscape, and vegetation 37
predominate over the built environment;38
(b) That foster traditional rural lifestyles, rural-based 39
economies, and opportunities to both live and work in rural areas;40
p. 6 E2SHB 1110.PL119
AGENDA ITEM 9.3
(c) That provide visual landscapes that are traditionally found 1
in rural areas and communities;2
(d) That are compatible with the use of the land by wildlife and 3
for fish and wildlife habitat;4
(e) That reduce the inappropriate conversion of undeveloped land 5
into sprawling, low-density development;6
(f) That generally do not require the extension of urban 7
governmental services; and8
(g) That are consistent with the protection of natural surface 9
water flows and groundwater and surface water recharge and discharge 10
areas.11
(((24))) (29) "Rural development" refers to development outside 12
the urban growth area and outside agricultural, forest, and mineral 13
resource lands designated pursuant to RCW 36.70A.170. Rural 14
development can consist of a variety of uses and residential 15
densities, including clustered residential development, at levels 16
that are consistent with the preservation of rural character and the 17
requirements of the rural element. Rural development does not refer 18
to agriculture or forestry activities that may be conducted in rural 19
areas.20
(((25))) (30) "Rural governmental services" or "rural services" 21
include those public services and public facilities historically and 22
typically delivered at an intensity usually found in rural areas, and 23
may include domestic water systems((,)) and fire and police 24
protection services((, transportation and public transit services, 25
and other public utilities)) associated with rural development and 26
normally not associated with urban areas. Rural services do not 27
include storm or sanitary sewers, except as otherwise authorized by 28
RCW 36.70A.110(4).29
(((26))) (31) "Short line railroad" means those railroad lines 30
designated class II or class III by the United States surface 31
transportation board.32
(((27))) (32) "Single-family zones" means those zones where 33
single-family detached housing is the predominant land use.34
(33) "Stacked flat" means dwelling units in a residential 35
building of no more than three stories on a residential zoned lot in 36
which each floor may be separately rented or owned.37
(34) "Townhouses" means buildings that contain three or more 38
attached single-family dwelling units that extend from foundation to 39
roof and that have a yard or public way on not less than two sides.40
p. 7 E2SHB 1110.PL120
AGENDA ITEM 9.3
(35) "Urban governmental services" or "urban services" include 1
those public services and public facilities at an intensity 2
historically and typically provided in cities, specifically including 3
storm and sanitary sewer systems, domestic water systems, street 4
cleaning services, fire and police protection services, public 5
transit services, and other public utilities associated with urban 6
areas and normally not associated with rural areas.7
(((28))) (36) "Urban growth" refers to growth that makes 8
intensive use of land for the location of buildings, structures, and 9
impermeable surfaces to such a degree as to be incompatible with the 10
primary use of land for the production of food, other agricultural 11
products, or fiber, or the extraction of mineral resources, rural 12
uses, rural development, and natural resource lands designated 13
pursuant to RCW 36.70A.170. A pattern of more intensive rural 14
development, as provided in RCW 36.70A.070(5)(d), is not urban 15
growth. When allowed to spread over wide areas, urban growth 16
typically requires urban governmental services. "Characterized by 17
urban growth" refers to land having urban growth located on it, or to 18
land located in relationship to an area with urban growth on it as to 19
be appropriate for urban growth.20
(((29))) (37) "Urban growth areas" means those areas designated 21
by a county pursuant to RCW 36.70A.110.22
(((30))) (38) "Very low-income household" means a single person, 23
family, or unrelated persons living together whose adjusted income is 24
at or below fifty percent of the median household income adjusted for 25
household size, for the county where the household is located, as 26
reported by the United States department of housing and urban 27
development.28
(((31))) (39) "Wetland" or "wetlands" means areas that are 29
inundated or saturated by surface water or groundwater at a frequency 30
and duration sufficient to support, and that under normal 31
circumstances do support, a prevalence of vegetation typically 32
adapted for life in saturated soil conditions. Wetlands generally 33
include swamps, marshes, bogs, and similar areas. Wetlands do not 34
include those artificial wetlands intentionally created from 35
nonwetland sites, including, but not limited to, irrigation and 36
drainage ditches, grass-lined swales, canals, detention facilities, 37
wastewater treatment facilities, farm ponds, and landscape amenities, 38
or those wetlands created after July 1, 1990, that were 39
unintentionally created as a result of the construction of a road, 40
p. 8 E2SHB 1110.PL121
AGENDA ITEM 9.3
street, or highway. Wetlands may include those artificial wetlands 1
intentionally created from nonwetland areas created to mitigate 2
conversion of wetlands.3
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 4
RCW to read as follows:5
(1) Except as provided in subsection (4) of this section, any 6
city that is required or chooses to plan under RCW 36.70A.040 must 7
provide by ordinance and incorporate into its development 8
regulations, zoning regulations, and other official controls, 9
authorization for the following:10
(a) For cities with a population of at least 25,000 but less than 11
75,000 based on office of financial management population estimates:12
(i) The development of at least two units per lot on all lots 13
zoned predominantly for residential use, unless zoning permitting 14
higher densities or intensities applies;15
(ii) The development of at least four units per lot on all lots 16
zoned predominantly for residential use, unless zoning permitting 17
higher densities or intensities applies, within one-quarter mile 18
walking distance of a major transit stop; and19
(iii) The development of at least four units per lot on all lots 20
zoned predominantly for residential use, unless zoning permitting 21
higher densities or intensities applies, if at least one unit is 22
affordable housing.23
(b) For cities with a population of at least 75,000 based on 24
office of financial management population estimates:25
(i) The development of at least four units per lot on all lots 26
zoned predominantly for residential use, unless zoning permitting 27
higher densities or intensities applies;28
(ii) The development of at least six units per lot on all lots 29
zoned predominantly for residential use, unless zoning permitting 30
higher densities or intensities applies, within one-quarter mile 31
walking distance of a major transit stop; and32
(iii) The development of at least six units per lot on all lots 33
zoned predominantly for residential use, unless zoning permitting 34
higher densities or intensities applies, if at least two units are 35
affordable housing.36
(c) For cities with a population of less than 25,000, that are 37
within a contiguous urban growth area with the largest city in a 38
county with a population of more than 275,000, based on office of 39
p. 9 E2SHB 1110.PL122
AGENDA ITEM 9.3
financial management population estimates the development of at least 1
two units per lot on all lots zoned predominantly for residential 2
use, unless zoning permitting higher densities or intensities 3
applies.4
(2)(a) To qualify for the additional units allowed under 5
subsection (1) of this section, the applicant must commit to renting 6
or selling the required number of units as affordable housing. The 7
units must be maintained as affordable for a term of at least 50 8
years, and the property must satisfy that commitment and all required 9
affordability and income eligibility conditions adopted by the local 10
government under this chapter. A city must require the applicant to 11
record a covenant or deed restriction that ensures the continuing 12
rental of units subject to these affordability requirements 13
consistent with the conditions in chapter 84.14 RCW for a period of 14
no less than 50 years. The covenant or deed restriction must also 15
address criteria and policies to maintain public benefit if the 16
property is converted to a use other than which continues to provide 17
for permanently affordable housing.18
(b) The units dedicated as affordable must be provided in a range 19
of sizes comparable to other units in the development. To the extent 20
practicable, the number of bedrooms in affordable units must be in 21
the same proportion as the number of bedrooms in units within the 22
entire development. The affordable units must generally be 23
distributed throughout the development and have substantially the 24
same functionality as the other units in the development.25
(c) If a city has enacted a program under RCW 36.70A.540, the 26
terms of that program govern to the extent they vary from the 27
requirements of this subsection.28
(3) If a city has enacted a program under RCW 36.70A.540, 29
subsection (1) of this section does not preclude the city from 30
requiring any development, including development described in 31
subsection (1) of this section, to provide affordable housing, either 32
on-site or through an in-lieu payment, nor limit the city's ability 33
to expand such a program or modify its requirements.34
(4)(a) As an alternative to the density requirements in 35
subsection (1) of this section, a city may implement the density 36
requirements in subsection (1) of this section for at least 75 37
percent of lots in the city that are primarily dedicated to single-38
family detached housing units.39
p. 10 E2SHB 1110.PL123
AGENDA ITEM 9.3
(b) The 25 percent of lots for which the requirements of 1
subsection (1) of this section are not implemented must include but 2
are not limited to:3
(i) Any areas within the city for which the department has 4
certified an extension of the implementation timelines under section 5
5 of this act due to the risk of displacement;6
(ii) Any areas within the city for which the department has 7
certified an extension of the implementation timelines under section 8
7 of this act due to a lack of infrastructure capacity;9
(iii) Any lots designated with critical areas or their buffers 10
that are exempt from the density requirements as provided in 11
subsection (8) of this section;12
(iv) Any portion of a city within a one-mile radius of a 13
commercial airport with at least 9,000,000 annual enplanements that 14
is exempt from the parking requirements under subsection (7)(b) of 15
this section; and16
(v) Any areas subject to sea level rise, increased flooding, 17
susceptible to wildfires, or geological hazards over the next 100 18
years.19
(c) Unless identified as at higher risk of displacement under RCW 20
36.70A.070(2)(g), the 25 percent of lots for which the requirements 21
of subsection (1) of this section are not implemented may not 22
include:23
(i) Any areas for which the exclusion would further racially 24
disparate impacts or result in zoning with a discriminatory effect;25
(ii) Any areas within one-half mile walking distance of a major 26
transit stop; or27
(iii) Any areas historically covered by a covenant or deed 28
restriction excluding racial minorities from owning property or 29
living in the area, as known to the city at the time of each 30
comprehensive plan update.31
(5) A city must allow at least six of the nine types of middle 32
housing to achieve the unit density required in subsection (1) of 33
this section. A city may allow accessory dwelling units to achieve 34
the unit density required in subsection (1) of this section. Cities 35
are not required to allow accessory dwelling units or middle housing 36
types beyond the density requirements in subsection (1) of this 37
section. A city must also allow zero lot line short subdivision where 38
the number of lots created is equal to the unit density required in 39
subsection (1) of this section.40
p. 11 E2SHB 1110.PL124
AGENDA ITEM 9.3
(6) Any city subject to the requirements of this section:1
(a) If applying design review for middle housing, only 2
administrative design review shall be required;3
(b) Except as provided in (a) of this subsection, shall not 4
require through development regulations any standards for middle 5
housing that are more restrictive than those required for detached 6
single-family residences, but may apply any objective development 7
regulations that are required for detached single-family residences, 8
including, but not limited to, set-back, lot coverage, stormwater, 9
clearing, and tree canopy and retention requirements to ensure 10
compliance with existing ordinances intended to protect critical 11
areas and public health and safety;12
(c) Shall apply to middle housing the same development permit and 13
environmental review processes that apply to detached single-family 14
residences, unless otherwise required by state law including, but not 15
limited to, shoreline regulations under chapter 90.58 RCW, building 16
codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 17
or electrical codes under chapter 19.28 RCW;18
(d) Shall not require off-street parking as a condition of 19
permitting development of middle housing within one-half mile walking 20
distance of a major transit stop;21
(e) Shall not require more than one off-street parking space per 22
unit as a condition of permitting development of middle housing on 23
lots smaller than 6,000 square feet before any zero lot line 24
subdivisions or lot splits;25
(f) Shall not require more than two off-street parking spaces per 26
unit as a condition of permitting development of middle housing on 27
lots greater than 6,000 square feet before any zero lot line 28
subdivisions or lot splits; and29
(g) Are not required to achieve the per unit density under this 30
act on lots after subdivision below 1,000 square feet unless the city 31
chooses to enact smaller allowable lot sizes.32
(7) The provisions of subsection (6)(d) through (f) of this 33
section do not apply:34
(a) If a local government submits to the department an empirical 35
study prepared by a credentialed transportation or land use planning 36
expert that clearly demonstrates, and the department finds and 37
certifies, that the application of the parking limitations of 38
subsection (6)(d) through (f) of this section for middle housing will 39
be significantly less safe for vehicle drivers or passengers, 40
p. 12 E2SHB 1110.PL125
AGENDA ITEM 9.3
pedestrians, or bicyclists than if the jurisdiction's parking 1
requirements were applied to the same location for the same number of 2
detached houses. The department must develop guidance to assist 3
cities on items to include in the study; or4
(b) To portions of cities within a one-mile radius of a 5
commercial airport in Washington with at least 9,000,000 annual 6
enplanements.7
(8) The provisions of this section do not apply to:8
(a) Lots designated with critical areas designated under RCW 9
36.70A.170 or their buffers as required by RCW 36.70A.170;10
(b) A watershed serving a reservoir for potable water if that 11
watershed is or was listed, as of the effective date of this section, 12
as impaired or threatened under section 303(d) of the federal clean 13
water act (33 U.S.C. Sec. 1313(d)); or14
(c) Lots that have been designated urban separators by countywide 15
planning policies as of the effective date of this section.16
(9) Nothing in this section prohibits a city from permitting 17
detached single-family residences.18
(10) Nothing in this section requires a city to issue a building 19
permit if other federal, state, and local requirements for a building 20
permit are not met.21
(11) A city must comply with the requirements of this section on 22
the latter of:23
(a) Six months after its next periodic comprehensive plan update 24
required under RCW 36.70A.130 if the city meets the population 25
threshold based on the 2020 office of financial management population 26
data; or27
(b) 12 months after their next implementation progress report 28
required under RCW 36.70A.130 after a determination by the office of 29
financial management that the city has reached a population threshold 30
established under this section.31
(12) A city complying with this section and not granted a 32
timeline extension under section 7 of this act does not have to 33
update its capital facilities plan element required by RCW 34
36.70A.070(3) to accommodate the increased housing required by this 35
act until the first periodic comprehensive plan update required for 36
the city under RCW 36.70A.130(5) that occurs on or after June 30, 37
2034.38
p. 13 E2SHB 1110.PL126
AGENDA ITEM 9.3
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 1
RCW to read as follows:2
(1)(a) The department is directed to provide technical assistance 3
to cities as they implement the requirements under section 3 of this 4
act.5
(b) The department shall prioritize such technical assistance to 6
cities demonstrating the greatest need.7
(2)(a) The department shall publish model middle housing 8
ordinances no later than six months following the effective date of 9
this section.10
(b) In any city subject to section 3 of this act that has not 11
passed ordinances, regulations, or other official controls within the 12
time frames provided under section 3(11) of this act, the model 13
ordinance supersedes, preempts, and invalidates local development 14
regulations until the city takes all actions necessary to implement 15
section 3 of this act.16
(3)(a) The department is directed to establish a process by which 17
cities implementing the requirements of section 3 of this act may 18
seek approval of alternative local action necessary to meet the 19
requirements of this act.20
(b) The department may approve actions under this section for 21
cities that have, by January 1, 2023, adopted a comprehensive plan 22
that is substantially similar to the requirements of this act and 23
have adopted, or within one year of the effective date of this 24
section adopts, permanent development regulations that are 25
substantially similar to the requirements of this act. In determining 26
whether a city's adopted comprehensive plan and permanent development 27
regulations are substantially similar, the department must find as 28
substantially similar plans and regulations that:29
(i) Result in an overall increase in housing units allowed in 30
single-family zones that is at least 75 percent of the increase in 31
housing units allowed in single-family zones if the specific 32
provisions of this act were adopted;33
(ii) Allow for middle housing throughout the city, rather than 34
just in targeted locations; and35
(iii) Allow for additional density near major transit stops, and 36
for projects that incorporate dedicated affordable housing.37
(c) The department may also approve actions under this section 38
for cities that have, by January 1, 2023, adopted a comprehensive 39
plan or development regulations that have significantly reduced or 40
p. 14 E2SHB 1110.PL127
AGENDA ITEM 9.3
eliminated residentially zoned areas that are predominantly single 1
family. The department must find that a city's actions are 2
substantially similar to the requirements of this act if they have 3
adopted, or within one year of the effective date of this section 4
adopts, permanent development regulations that:5
(i) Result in an overall increase in housing units allowed in 6
single-family zones that is at least 75 percent of the increase in 7
housing units allowed in single-family zones if the specific 8
provisions of this act were adopted;9
(ii) Allow for middle housing throughout the city, rather than 10
just in targeted locations; and11
(iii) Allow for additional density near major transit stops, and 12
for projects that incorporate dedicated affordable housing.13
(d) The department may determine that a comprehensive plan and 14
development regulations that do not meet these criteria are otherwise 15
substantially similar to the requirements of this act if the city can 16
clearly demonstrate that the regulations adopted will allow for a 17
greater increase in middle housing production within single family 18
zones than would be allowed through implementation of section 3 of 19
this act.20
(e) Any local actions approved by the department pursuant to (a) 21
of this subsection to implement the requirements under section 3 of 22
this act are exempt from appeals under this chapter and chapter 23
43.21C RCW.24
(f) The department's final decision to approve or reject actions 25
by cities implementing section 3 of this act may be appealed to the 26
growth management hearings board by filing a petition as provided in 27
RCW 36.70A.290.28
(4) The department may issue guidance for local jurisdictions to 29
ensure that the levels of middle housing zoning under this act can be 30
integrated with the methods used by cities to calculate zoning 31
densities and intensities in local zoning and development 32
regulations.33
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 34
RCW to read as follows:35
Any city choosing the alternative density requirements in section 36
3(4) of this act may apply to the department for, and the department 37
may certify, an extension for areas at risk of displacement as 38
determined by the antidisplacement analysis that a jurisdiction is 39
p. 15 E2SHB 1110.PL128
AGENDA ITEM 9.3
required to complete under RCW 36.70A.070(2). The city must create a 1
plan for implementing antidisplacement policies by their next 2
implementation progress report required by RCW 36.70A.130(9). The 3
department may certify one further extension based on evidence of 4
significant ongoing displacement risk in the impacted area.5
Sec. 6. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 6
read as follows:7
(1) The growth management hearings board shall hear and determine 8
only those petitions alleging either:9
(a) That, except as provided otherwise by this subsection, a 10
state agency, county, or city planning under this chapter is not in 11
compliance with the requirements of this chapter, chapter 90.58 RCW 12
as it relates to the adoption of shoreline master programs or 13
amendments thereto, or chapter 43.21C RCW as it relates to plans, 14
development regulations, or amendments, adopted under RCW 36.70A.040 15
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 16
to hear petitions alleging noncompliance with RCW 36.70A.5801;17
(b) That the twenty-year growth management planning population 18
projections adopted by the office of financial management pursuant to 19
RCW 43.62.035 should be adjusted;20
(c) That the approval of a work plan adopted under RCW 21
36.70A.735(1)(a) is not in compliance with the requirements of the 22
program established under RCW 36.70A.710;23
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 24
regionally applicable and cannot be adopted, wholly or partially, by 25
another jurisdiction; ((or))26
(e) That a department certification under RCW 36.70A.735(1)(c) is 27
erroneous; or28
(f) That the department's final decision to approve or reject 29
actions by a city implementing section 3 of this act is clearly 30
erroneous.31
(2) A petition may be filed only by: (a) The state, or a county 32
or city that plans under this chapter; (b) a person who has 33
participated orally or in writing before the county or city regarding 34
the matter on which a review is being requested; (c) a person who is 35
certified by the governor within sixty days of filing the request 36
with the board; or (d) a person qualified pursuant to RCW 34.05.530.37
(3) For purposes of this section "person" means any individual, 38
partnership, corporation, association, state agency, governmental 39
p. 16 E2SHB 1110.PL129
AGENDA ITEM 9.3
subdivision or unit thereof, or public or private organization or 1
entity of any character.2
(4) To establish participation standing under subsection (2)(b) 3
of this section, a person must show that his or her participation 4
before the county or city was reasonably related to the person's 5
issue as presented to the board.6
(5) When considering a possible adjustment to a growth management 7
planning population projection prepared by the office of financial 8
management, the board shall consider the implications of any such 9
adjustment to the population forecast for the entire state.10
The rationale for any adjustment that is adopted by the board 11
must be documented and filed with the office of financial management 12
within ten working days after adoption.13
If adjusted by the board, a county growth management planning 14
population projection shall only be used for the planning purposes 15
set forth in this chapter and shall be known as the "board adjusted 16
population projection." None of these changes shall affect the 17
official state and county population forecasts prepared by the office 18
of financial management, which shall continue to be used for state 19
budget and planning purposes.20
NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 21
RCW to read as follows:22
(1) Any city choosing the alternative density requirements in 23
section 3(4) of this act may apply to the department for, and the 24
department may certify, an extension of the implementation timelines 25
established under section 3(11) of this act.26
(2) An extension certified under this section may be applied only 27
to specific areas where a city can demonstrate that water, sewer, 28
stormwater, transportation infrastructure, including facilities and 29
transit services, or fire protection services lack capacity to 30
accommodate the density required in section 3 of this act, and the 31
city has:32
(a) Included one or more improvements, as needed, within its 33
capital facilities plan to adequately increase capacity; or34
(b) Identified which special district is responsible for 35
providing the necessary infrastructure if the infrastructure is 36
provided by a special purpose district.37
(3) If an extension of the implementation timelines is requested 38
due to lack of water supply from the city or the purveyors who serve 39
p. 17 E2SHB 1110.PL130
AGENDA ITEM 9.3
water within the city, the department's evaluation of the extension 1
must be based on the applicable water system plans in effect and 2
approved by the department of health. Water system plan updates 3
initiated after the effective date of this section must include 4
consideration of water supply requirements for middle housing types.5
(4) An extension granted under this section remains in effect 6
until the earliest of:7
(a) The infrastructure is improved to accommodate the capacity;8
(b) The city's deadline to complete its next periodic 9
comprehensive plan update under RCW 36.70A.130; or10
(c) The city's deadline to complete its implementation progress 11
report to the department as required under RCW 36.70A.130(9).12
(5) A city that has received an extension under this section may 13
reapply for any needed extension with its next periodic comprehensive 14
plan update under RCW 36.70A.130 or its implementation progress 15
report to the department under RCW 36.70A.130(9). The application for 16
an additional extension must include a list of infrastructure 17
improvements necessary to meet the capacity required in section 3 of 18
this act. Such additional extension must only be to address 19
infrastructure deficiency that a city is not reasonably able to 20
address within the first extension.21
(6) The department may establish by rule any standards or 22
procedures necessary to implement this section.23
(7) The department must provide the legislature with a list of 24
projects identified in a city's capital facilities plan that were the 25
basis for the extension under this section, including planning level 26
estimates. Additionally, the city must contact special purpose 27
districts to identify additional projects associated with extensions 28
under this section.29
(8) A city granted an extension for a specific area must allow 30
development as provided under section 3 of this act if the developer 31
commits to providing the necessary water, sewer, or stormwater 32
infrastructure.33
(9) If an area zoned predominantly for residential use is 34
currently served only by private wells, group B water systems or 35
group A water systems with less than 50 connections, or a city or 36
water providers within the city do not have an adequate water supply 37
or available connections to serve the zoning increase required under 38
section 3 of this act, the city may limit the areas subject to the 39
requirements under section 3 of this act to match current water 40
p. 18 E2SHB 1110.PL131
AGENDA ITEM 9.3
availability. Nothing in this act affects or modifies the 1
responsibilities of cities to plan for or provide urban governmental 2
services as defined in RCW 36.70A.030 or affordable housing as 3
required by RCW 36.70A.070.4
(10) No city shall approve a building permit for housing under 5
section 3 of this act without compliance with the adequate water 6
supply requirements of RCW 19.27.097.7
(11) If an area zoned predominantly for residential use is 8
currently served only by on-site sewage systems, development may be 9
limited to two units per lot, until either the landowner or local 10
government provides sewer service or demonstrates a sewer system will 11
serve the development at the time of construction. Nothing in this 12
act affects or modifies the responsibilities of cities to plan for or 13
provide urban governmental services as defined in RCW 36.70A.030.14
Sec. 8. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 15
read as follows:16
(1) Adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city to implement: The actions specified in section 2, chapter 246, 19
Laws of 2022 unless the adoption of such ordinances, development 20
regulations and amendments to such regulations, or other nonproject 21
actions has a probable significant adverse impact on fish habitat; 22
and the increased residential building capacity actions identified in 23
RCW 36.70A.600(1), with the exception of the action specified in RCW 24
36.70A.600(1)(f), are not subject to administrative or judicial 25
appeals under this chapter.26
(2) Amendments to development regulations and other nonproject 27
actions taken by a city to implement the requirements under section 3 28
of this act pursuant to section 4(3)(b) of this act are not subject 29
to administrative or judicial appeals under this chapter.30
Sec. 9. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each 31
amended to read as follows:32
The following nonproject actions are categorically exempt from 33
the requirements of this chapter:34
(1) Amendments to development regulations that are required to 35
ensure consistency with an adopted comprehensive plan pursuant to RCW 36
36.70A.040, where the comprehensive plan was previously subjected to 37
environmental review pursuant to this chapter and the impacts 38
p. 19 E2SHB 1110.PL132
AGENDA ITEM 9.3
associated with the proposed regulation were specifically addressed 1
in the prior environmental review;2
(2) Amendments to development regulations that are required to 3
ensure consistency with a shoreline master program approved pursuant 4
to RCW 90.58.090, where the shoreline master program was previously 5
subjected to environmental review pursuant to this chapter and the 6
impacts associated with the proposed regulation were specifically 7
addressed in the prior environmental review;8
(3) Amendments to development regulations that, upon 9
implementation of a project action, will provide increased 10
environmental protection, limited to the following:11
(a) Increased protections for critical areas, such as enhanced 12
buffers or setbacks;13
(b) Increased vegetation retention or decreased impervious 14
surface areas in shoreline jurisdiction; and15
(c) Increased vegetation retention or decreased impervious 16
surface areas in critical areas;17
(4) Amendments to technical codes adopted by a county, city, or 18
town to ensure consistency with minimum standards contained in state 19
law, including the following:20
(a) Building codes required by chapter 19.27 RCW;21
(b) Energy codes required by chapter 19.27A RCW; and22
(c) Electrical codes required by chapter 19.28 RCW.23
(5) Amendments to development regulations to remove requirements 24
for parking from development proposed to fill in an urban growth area 25
designated according to RCW 36.70A.110.26
NEW SECTION. Sec. 10. A new section is added to chapter 64.34 27
RCW to read as follows:28
A declaration created after the effective date of this section 29
and applicable to an area within a city subject to the middle housing 30
requirements in section 3 of this act may not actively or effectively 31
prohibit the construction, development, or use of additional housing 32
units as required in section 3 of this act.33
NEW SECTION. Sec. 11. A new section is added to chapter 64.32 34
RCW to read as follows:35
A declaration created after the effective date of this section 36
and applicable to an association of apartment owners located within 37
an area of a city subject to the middle housing requirements in 38
p. 20 E2SHB 1110.PL133
AGENDA ITEM 9.3
section 3 of this act may not actively or effectively prohibit the 1
construction, development, or use of additional housing units as 2
required in section 3 of this act.3
NEW SECTION. Sec. 12. A new section is added to chapter 64.38 4
RCW to read as follows:5
Governing documents of associations within cities subject to the 6
middle housing requirements in section 3 of this act that are created 7
after the effective date of this section may not actively or 8
effectively prohibit the construction, development, or use of 9
additional housing units as required in section 3 of this act.10
NEW SECTION. Sec. 13. A new section is added to chapter 64.90 11
RCW to read as follows:12
Declarations and governing documents of a common interest 13
community within cities subject to the middle housing requirements in 14
section 3 of this act that are created after the effective date of 15
this section may not actively or effectively prohibit the 16
construction, development, or use of additional housing units as 17
required in section 3 of this act.18
NEW SECTION. Sec. 14. The department of commerce may establish 19
by rule any standards or procedures necessary to implement sections 2 20
through 7 of this act.21
NEW SECTION. Sec. 15. If specific funding for the purposes of 22
this act, referencing this act by bill or chapter number, is not 23
provided by June 30, 2023, in the omnibus appropriations act, this 24
act is null and void.25
--- END ---
p. 21 E2SHB 1110.PL134
AGENDA ITEM 9.3
CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1337
68th Legislature
2023 Regular Session
Passed by the House April 14, 2023
Yeas 85 Nays 11
Speaker of the House of
Representatives
Passed by the Senate April 6, 2023
Yeas 39 Nays 7
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED HOUSE BILL 1337 as passed
by the House of Representatives and
the Senate on the dates hereon set
forth.
Chief Clerk
Approved FILED
Governor of the State of Washington
Secretary of State
State of Washington
135
AGENDA ITEM 9.3
AN ACT Relating to expanding housing options by easing barriers 1
to the construction and use of accessory dwelling units; amending RCW 2
36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to 3
chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding 4
a new section to chapter 64.32 RCW; adding a new section to chapter 5
64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new 6
section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 7
36.70.677, and 43.63A.215.8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. (1) The legislature makes the following 10
findings:11
(a) Washington state is experiencing a housing affordability 12
crisis. Many communities across the state are in need of more housing 13
for renters across the income spectrum.14
(b) Many cities dedicate the majority of residentially zoned land 15
to single detached houses that are increasingly financially out of 16
reach for many households. Due to their smaller size, accessory 17
dwelling units can provide a more affordable housing option in those 18
single-family zones.19
(c) Localities can start to correct for historic economic and 20
racial exclusion in single-family zones by opening up these 21
ENGROSSED HOUSE BILL 1337
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Representatives Gregerson, Barkis, Berry, Christian, Duerr,
Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman,
Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier
Read first time 01/16/23. Referred to Committee on Housing.
p. 1 EHB 1337.PL136
AGENDA ITEM 9.3
neighborhoods to more diverse housing types, including accessory 1
dwelling units, that provide lower cost homes. Increasing housing 2
options in expensive, high-opportunity neighborhoods will give more 3
families access to schools, parks, and other public amenities 4
otherwise accessible to only the wealthy.5
(d) Accessory dwelling units are frequently rented below market 6
rate, providing additional affordable housing options for renters.7
(e) Accessory dwelling units can also help to provide housing for 8
very low-income households. More than 10 percent of accessory 9
dwelling units in some areas are occupied by tenants who pay no rent 10
at all; among these tenants are grandparents, adult children, family 11
members with disabilities, friends going through life transitions, 12
and community members in need. Accessory dwelling units meet the 13
needs of these people who might otherwise require subsidized housing 14
space and resources.15
(f) Accessory dwelling units can meet the needs of Washington's 16
growing senior population, making it possible for this population to 17
age in their communities by offering senior-friendly housing, which 18
prioritizes physical accessibility, in walkable communities near 19
amenities essential to successful aging in place, including transit 20
and grocery stores, without requiring costly renovations of existing 21
housing stock.22
(g) Homeowners who add an accessory dwelling unit may benefit 23
from added income and an increased sense of security.24
(h) Accessory dwelling units provide environmental benefits. On 25
average they are more energy efficient than single detached houses, 26
and they incentivize adaptive reuse of existing homes and materials.27
(i) Siting accessory dwelling units near transit hubs, employment 28
centers, and public amenities can help to reduce greenhouse gas 29
emissions by increasing walkability, shortening household commutes, 30
and curtailing sprawl.31
(2) The legislature intends to promote and encourage the creation 32
of accessory dwelling units as a means to address the need for 33
additional affordable housing options.34
Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to 35
read as follows:36
The definitions in this section apply throughout RCW 36.70A.697 37
((and)), 36.70A.698, and sections 3 and 4 of this act unless the 38
context clearly requires otherwise.39
p. 2 EHB 1337.PL137
AGENDA ITEM 9.3
(1) "Accessory dwelling unit" means a dwelling unit located on 1
the same lot as a single-family housing unit, duplex, triplex, 2
townhome, or other housing unit.3
(2) "Attached accessory dwelling unit" means an accessory 4
dwelling unit located within or attached to a single-family housing 5
unit, duplex, triplex, townhome, or other housing unit.6
(3) "City" means any city, code city, and town located in a 7
county planning under RCW 36.70A.040.8
(4) "County" means any county planning under RCW 36.70A.040.9
(5) "Detached accessory dwelling unit" means an accessory 10
dwelling unit that consists partly or entirely of a building that is 11
separate and detached from a single-family housing unit, duplex, 12
triplex, townhome, or other housing unit and is on the same property.13
(6) "Dwelling unit" means a residential living unit that provides 14
complete independent living facilities for one or more persons and 15
that includes permanent provisions for living, sleeping, eating, 16
cooking, and sanitation.17
(7) "Gross floor area" means the interior habitable area of a 18
dwelling unit including basements and attics but not including a 19
garage or accessory structure.20
(8) "Major transit stop" means:21
(a) A stop on a high capacity transportation system funded or 22
expanded under the provisions of chapter 81.104 RCW;23
(b) Commuter rail stops;24
(c) Stops on rail or fixed guideway systems, including 25
transitways;26
(d) Stops on bus rapid transit routes or routes that run on high 27
occupancy vehicle lanes; or28
(e) Stops for a bus or other transit mode providing actual fixed 29
route service at intervals of at least fifteen minutes for at least 30
five hours during the peak hours of operation on weekdays.31
(((8))) (9) "Owner" means any person who has at least 50 percent 32
ownership in a property on which an accessory dwelling unit is 33
located.34
(((9))) (10) "Principal unit" means the single-family housing 35
unit, duplex, triplex, townhome, or other housing unit located on the 36
same lot as an accessory dwelling unit.37
(11) "Short-term rental" means a lodging use, that is not a hotel 38
or motel or bed and breakfast, in which a dwelling unit, or portion 39
p. 3 EHB 1337.PL138
AGENDA ITEM 9.3
thereof, is offered or provided to a guest by a short-term rental 1
operator for a fee for fewer than 30 consecutive nights.2
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 3
RCW to read as follows:4
(1)(a) Cities and counties planning under this chapter must adopt 5
or amend by ordinance, and incorporate into their development 6
regulations, zoning regulations, and other official controls the 7
requirements of this section and of section 4 of this act, to take 8
effect six months after the jurisdiction's next periodic 9
comprehensive plan update required under RCW 36.70A.130.10
(b) In any city or county that has not adopted or amended 11
ordinances, regulations, or other official controls as required under 12
this section, the requirements of this section and section 4 of this 13
act supersede, preempt, and invalidate any conflicting local 14
development regulations.15
(2) Ordinances, development regulations, and other official 16
controls adopted or amended pursuant to this section and section 4 of 17
this act must only apply in the portions of towns, cities, and 18
counties that are within urban growth areas designated under this 19
chapter.20
(3) Any action taken by a city or county to comply with the 21
requirements of this section or section 4 of this act is not subject 22
to legal challenge under this chapter or chapter 43.21C RCW.23
(4) Nothing in this section or section 4 of this act requires or 24
authorizes a city or county to authorize the construction of an 25
accessory dwelling unit in a location where development is restricted 26
under other laws, rules, or ordinances as a result of physical 27
proximity to on-site sewage system infrastructure, critical areas, or 28
other unsuitable physical characteristics of a property.29
(5) Nothing in this section or in section 4 of this act prohibits 30
a city or county from:31
(a) Restricting the use of accessory dwelling units for short-32
term rentals;33
(b) Applying public health, safety, building code, and 34
environmental permitting requirements to an accessory dwelling unit 35
that would be applicable to the principal unit, including regulations 36
to protect ground and surface waters from on-site wastewater;37
(c) Applying generally applicable development regulations to the 38
construction of an accessory unit, except when the application of 39
p. 4 EHB 1337.PL139
AGENDA ITEM 9.3
such regulations would be contrary to this section or to section 4 of 1
this act;2
(d) Prohibiting the construction of accessory dwelling units on 3
lots that are not connected to or served by public sewers; or4
(e) Prohibiting or restricting the construction of accessory 5
dwelling units in residential zones with a density of one dwelling 6
unit per acre or less that are within areas designated as wetlands, 7
fish and wildlife habitats, flood plains, or geologically hazardous 8
areas.9
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 10
RCW to read as follows:11
(1) In addition to ordinances, development regulations, and other 12
official controls adopted or amended to comply with this section and 13
section 3 of this act, a city or county must comply with all of the 14
following policies:15
(a) The city or county may not assess impact fees on the 16
construction of accessory dwelling units that are greater than 50 17
percent of the impact fees that would be imposed on the principal 18
unit;19
(b) The city or county may not require the owner of a lot on 20
which there is an accessory dwelling unit to reside in or occupy the 21
accessory dwelling unit or another housing unit on the same lot;22
(c) The city or county must allow at least two accessory dwelling 23
units on all lots that are located in all zoning districts within an 24
urban growth area that allow for single-family homes in the following 25
configurations:26
(i) One attached accessory dwelling unit and one detached 27
accessory dwelling unit;28
(ii) Two attached accessory dwelling units; or29
(iii) Two detached accessory dwelling units, which may be 30
comprised of either one or two detached structures;31
(d) The city or county must permit accessory dwelling units in 32
structures detached from the principal unit;33
(e) The city or county must allow an accessory dwelling unit on 34
any lot that meets the minimum lot size required for the principal 35
unit;36
(f) The city or county may not establish a maximum gross floor 37
area requirement for accessory dwelling units that is less than 1,000 38
square feet;39
p. 5 EHB 1337.PL140
AGENDA ITEM 9.3
(g) The city or county may not establish roof height limits on an 1
accessory dwelling unit of less than 24 feet, unless the height 2
limitation that applies to the principal unit is less than 24 feet, 3
in which case a city or county may not impose roof height limitation 4
on accessory dwelling units that is less than the height limitation 5
that applies to the principal unit;6
(h) A city or county may not impose setback requirements, yard 7
coverage limits, tree retention mandates, restrictions on entry door 8
locations, aesthetic requirements, or requirements for design review 9
for accessory dwelling units that are more restrictive than those for 10
principal units;11
(i) A city or county must allow detached accessory dwelling units 12
to be sited at a lot line if the lot line abuts a public alley, 13
unless the city or county routinely plows snow on the public alley;14
(j) A city or county must allow accessory dwelling units to be 15
converted from existing structures, including but not limited to 16
detached garages, even if they violate current code requirements for 17
setbacks or lot coverage;18
(k) A city or county may not prohibit the sale or other 19
conveyance of a condominium unit independently of a principal unit 20
solely on the grounds that the condominium unit was originally built 21
as an accessory dwelling unit; and22
(l) A city or county may not require public street improvements 23
as a condition of permitting accessory dwelling units.24
(2)(a) A city or county subject to the requirements of this 25
section may not:26
(i) Require off-street parking as a condition of permitting 27
development of accessory dwelling units within one-half mile walking 28
distance of a major transit stop;29
(ii) Require more than one off-street parking space per unit as a 30
condition of permitting development of accessory dwelling units on 31
lots smaller than 6,000 square feet before any zero lot line 32
subdivisions or lot splits; and33
(iii) Require more than two off-street parking spaces per unit as 34
a condition of permitting development of accessory dwelling units on 35
lots greater than 6,000 square feet before any zero lot line 36
subdivisions or lot splits.37
(b) The provisions of (a) of this subsection do not apply:38
(i) If a local government submits to the department an empirical 39
study prepared by a credentialed transportation or land use planning 40
p. 6 EHB 1337.PL141
AGENDA ITEM 9.3
expert that clearly demonstrates, and the department finds and 1
certifies, that the application of the parking limitations of (a) of 2
this subsection for accessory dwelling units will be significantly 3
less safe for vehicle drivers or passengers, pedestrians, or 4
bicyclists than if the jurisdiction's parking requirements were 5
applied to the same location for the same number of detached houses. 6
The department must develop guidance to assist cities and counties on 7
items to include in the study; or8
(ii) To portions of cities within a one mile radius of a 9
commercial airport in Washington with at least 9,000,000 annual 10
enplanements.11
(3) When regulating accessory dwelling units, cities and counties 12
may impose a limit of two accessory dwelling units, in addition to 13
the principal unit, on a residential lot of 2,000 square feet or 14
less.15
(4) The provisions of this section do not apply to lots 16
designated with critical areas or their buffers as designated in RCW 17
36.70A.060, or to a watershed serving a reservoir for potable water 18
if that watershed is or was listed, as of the effective date of this 19
section, as impaired or threatened under section 303(d) of the 20
federal clean water act (33 U.S.C. Sec. 1313(d)).21
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 22
RCW to read as follows:23
To encourage the use of accessory dwelling units for long-term 24
housing, cities and counties may adopt ordinances, development 25
regulations, and other official controls which waive or defer fees, 26
including impact fees, defer the payment of taxes, or waive specific 27
regulations. Cities and counties may only offer such reduced or 28
deferred fees, deferred taxes, waivers, or other incentives for the 29
development or construction of accessory dwelling units if:30
(1) The units are located within an urban growth area; and31
(2) The units are subject to a program adopted by the city or 32
county with effective binding commitments or covenants that the units 33
will be primarily utilized for long-term housing consistent with the 34
public purpose for this authorization.35
Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 36
read as follows:37
p. 7 EHB 1337.PL142
AGENDA ITEM 9.3
(1) Adoption of ordinances, development regulations and 1
amendments to such regulations, and other nonproject actions taken by 2
a city to implement: The actions specified in section 2, chapter 246, 3
Laws of 2022 unless the adoption of such ordinances, development 4
regulations and amendments to such regulations, or other nonproject 5
actions has a probable significant adverse impact on fish habitat; 6
and the increased residential building capacity actions identified in 7
RCW 36.70A.600(1), with the exception of the action specified in RCW 8
36.70A.600(1)(f), are not subject to administrative or judicial 9
appeals under this chapter.10
(2) Adoption of ordinances, development regulations and 11
amendments to such regulations, and other nonproject actions taken by 12
a city or county consistent with the requirements of sections 3 and 4 13
of this act are not subject to administrative or judicial appeals 14
under this chapter.15
Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 16
read as follows:17
(1) The growth management hearings board shall hear and determine 18
only those petitions alleging either:19
(a) That, except as provided otherwise by this subsection, a 20
state agency, county, or city planning under this chapter is not in 21
compliance with the requirements of this chapter, chapter 90.58 RCW 22
as it relates to the adoption of shoreline master programs or 23
amendments thereto, or chapter 43.21C RCW as it relates to plans, 24
development regulations, or amendments, adopted under RCW 36.70A.040 25
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 26
to hear petitions alleging noncompliance ((with RCW 36.70A.5801)) 27
based on a city or county's actions taken to implement the 28
requirements of sections 3 and 4 of this act within an urban growth 29
area;30
(b) That the ((twenty-)) 20-year growth management planning 31
population projections adopted by the office of financial management 32
pursuant to RCW 43.62.035 should be adjusted;33
(c) That the approval of a work plan adopted under RCW 34
36.70A.735(1)(a) is not in compliance with the requirements of the 35
program established under RCW 36.70A.710;36
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 37
regionally applicable and cannot be adopted, wholly or partially, by 38
another jurisdiction; or39
p. 8 EHB 1337.PL143
AGENDA ITEM 9.3
(e) That a department certification under RCW 36.70A.735(1)(c) is 1
erroneous.2
(2) A petition may be filed only by: (a) The state, or a county 3
or city that plans under this chapter; (b) a person who has 4
participated orally or in writing before the county or city regarding 5
the matter on which a review is being requested; (c) a person who is 6
certified by the governor within ((sixty)) 60 days of filing the 7
request with the board; or (d) a person qualified pursuant to RCW 8
34.05.530.9
(3) For purposes of this section "person" means any individual, 10
partnership, corporation, association, state agency, governmental 11
subdivision or unit thereof, or public or private organization or 12
entity of any character.13
(4) To establish participation standing under subsection (2)(b) 14
of this section, a person must show that his or her participation 15
before the county or city was reasonably related to the person's 16
issue as presented to the board.17
(5) When considering a possible adjustment to a growth management 18
planning population projection prepared by the office of financial 19
management, the board shall consider the implications of any such 20
adjustment to the population forecast for the entire state.21
The rationale for any adjustment that is adopted by the board 22
must be documented and filed with the office of financial management 23
within ten working days after adoption.24
If adjusted by the board, a county growth management planning 25
population projection shall only be used for the planning purposes 26
set forth in this chapter and shall be known as the "board adjusted 27
population projection." None of these changes shall affect the 28
official state and county population forecasts prepared by the office 29
of financial management, which shall continue to be used for state 30
budget and planning purposes.31
NEW SECTION. Sec. 8. A new section is added to chapter 36.70A 32
RCW to read as follows:33
(1) By December 31, 2023, the department must revise its 34
recommendations for encouraging accessory dwelling units to include 35
the provisions of sections 3 and 4 of this act.36
(2) During each comprehensive plan review required by RCW 37
36.70A.130, the department must review local government comprehensive 38
plans and development regulations for compliance with sections 3 and 39
p. 9 EHB 1337.PL144
AGENDA ITEM 9.3
4 of this act and the department's recommendations under subsection 1
(1) of this section.2
NEW SECTION. Sec. 9. A new section is added to chapter 64.34 3
RCW to read as follows:4
(1) Except a declaration created to protect public health and 5
safety, and ground and surface waters from on-site wastewater, a 6
declaration created after the effective date of this section and 7
applicable to a property located within an urban growth area may not 8
impose any restriction or prohibition on the construction, 9
development, or use on a lot of an accessory dwelling unit that the 10
city or county in which the urban growth area is located would be 11
prohibited from imposing under section 4 of this act.12
(2) For the purposes of this section, "urban growth area" has the 13
same meaning as in RCW 36.70A.030.14
(3) A city or county issuing a permit for the construction of an 15
accessory dwelling unit may not be held civilly liable on the basis 16
that the construction of the accessory dwelling unit would violate a 17
restrictive covenant or deed restriction.18
NEW SECTION. Sec. 10. A new section is added to chapter 64.32 19
RCW to read as follows:20
(1) Except a declaration created to protect public health and 21
safety, and ground and surface waters from on-site wastewater, a 22
declaration created after the effective date of this section and 23
applicable to a property located within an urban growth area may not 24
impose any restriction or prohibition on the construction, 25
development, or use on a lot of an accessory dwelling unit that the 26
city or county in which the urban growth area is located would be 27
prohibited from imposing under section 4 of this act.28
(2) For the purposes of this section, "urban growth area" has the 29
same meaning as in RCW 36.70A.030.30
(3) A city or county issuing a permit for the construction of an 31
accessory dwelling unit may not be held civilly liable on the basis 32
that the construction of the accessory dwelling unit would violate a 33
restrictive covenant or deed restriction.34
NEW SECTION. Sec. 11. A new section is added to chapter 64.38 35
RCW to read as follows:36
p. 10 EHB 1337.PL145
AGENDA ITEM 9.3
(1) Except governing documents of associations created to protect 1
public health and safety, and ground and surface waters from on-site 2
wastewater, governing documents of associations created after the 3
effective date of this section and applicable to a property located 4
within an urban growth area may not impose any restriction or 5
prohibition on the construction, development, or use on a lot of an 6
accessory dwelling unit that the city or county in which the urban 7
growth area is located would be prohibited from imposing under 8
section 4 of this act.9
(2) For the purposes of this section, "urban growth area" has the 10
same meaning as in RCW 36.70A.030.11
(3) A city or county issuing a permit for the construction of an 12
accessory dwelling unit may not be held civilly liable on the basis 13
that the construction of the accessory dwelling unit would violate a 14
restrictive covenant or deed restriction.15
NEW SECTION. Sec. 12. A new section is added to chapter 64.90 16
RCW to read as follows:17
(1) Except declarations and governing documents of common 18
interest communities created to protect public health and safety, and 19
ground and surface waters from on-site wastewater, declarations and 20
governing documents of common interest communities created after the 21
effective date of this section and applicable to a property located 22
within an urban growth area may not impose any restriction or 23
prohibition on the construction, development, or use on a lot of an 24
accessory dwelling unit that the city or county in which the urban 25
growth area is located would be prohibited from imposing under 26
section 4 of this act.27
(2) For the purposes of this section, "urban growth area" has the 28
same meaning as in RCW 36.70A.030.29
(3) A city or county issuing a permit for the construction of an 30
accessory dwelling unit may not be held civilly liable on the basis 31
that the construction of the accessory dwelling unit would violate a 32
restrictive covenant or deed restriction.33
NEW SECTION. Sec. 13. The following acts or parts of acts are 34
each repealed:35
(1) RCW 35.63.210 (Accessory apartments) and 1993 c 478 s 8;36
(2) RCW 35A.63.230 (Accessory apartments) and 1993 c 478 s 9;37
(3) RCW 36.70A.400 (Accessory apartments) and 1993 c 478 s 11;38
p. 11 EHB 1337.PL146
AGENDA ITEM 9.3
(4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and1
(5) RCW 43.63A.215 (Accessory apartments—Development and 2
placement—Local governments) and 1993 c 478 s 7.3
--- END ---
p. 12 EHB 1337.PL147
AGENDA ITEM 9.3
MEDINA, WASHINGTON
AGENDA BILL
May 8, 2023
Subject: Small Wireless Facility Permit Process
Category: Presentation and Discussion
Staff Contact(s): Emily Romanenko, Assistant City Attorney and Steve Wilcox, Development
Services Director
Summary
This presentation is in follow up to the April 26, 2023, memorandum1 which outlined the small
wireless facility (“SWF”) permit process. This presentation and discussion will review the SWF
permit process and address additional questions received regarding T-Mobile’s proposed SWF.
The additional questions received can be summarized as follows: (1) how T-Mobile’s proposed
application intersects with the 2017 litigation regarding the T-Mobile macro facility at Fairweather
Park, (2) whether this facility meets the definition of a SWF as defined by the FCC regulations,
and (3) what specific aesthetic requirements apply to T-Mobile’s proposed SWF.
1. 2017 Litigation
The 2017 Litigation involved a T-Mobile macro facility, which was an approximately 80-foot cell
tower originally located in the WSDOT Park and Ride. T-Mobile proposed to relocate the macro
facility within Fairweather Park. This proposal triggered the need for several land use permit
applications. These permit applications were reviewed under the Medina Municipal Code (“MMC”)
and applicable Federal Communication Commission (“FCC”) regulations in place at time. The
permit decisions were appealed by Medina residents, the case subsequently went through the
administrative appeal process and eventually to Federal District Court. Documentation regarding
the 2017 case can be found at this link.
The current T-Mobile application is for a SWF as opposed to the macro facility at issue in 2017.
Because the technology is different, different regulations apply. As noted in the April 26, 2023
memorandum, the FCC issued a 2018 Declaratory Ruling and Third Report and Order (“2018
FCC Order) on September 27, 2018 to streamline the way cities could regulate SWF and require
SWF to be permitted; effectively reducing cities’ regulatory authority to reviewing SWF for
objective and reasonable aesthetic standards. The 2018 FCC Order triggered the need for local
municipalities to review and revise, and adopt new regulations regarding deployment of SWF.
Medina undertook that review process in 2018/2019 and those regulations (located in MMC
chapter 15.14 and MMC chapter 16.38) govern T-Mobile’s proposed deployment of the SWF.
Thus, because T-Mobile is deploying a different type of technology (SWF) with their current
1 This memorandum was sent to Council previously and has now been included in the May 8th Council
packet materials.
148
AGENDA ITEM 9.4
proposal, which is regulated differently by federal and local law, the prior litigation is not
applicable.
2. Definition of SWF
SWF are defined by cross reference in MMC 15.02.020 to 47 CFR § 1.6002(I). 47 CFR § 1.6002(I)
states as follows:
(l) Small wireless facilities are facilities that meet each of the following conditions:
(1) The facilities -
(i) Are mounted on structures 50 feet or less in height including their
antennas as defined in § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than
other adjacent structures; or
(iii) 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 § 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;
(4) The facilities do not require antenna structure registration under part 17 of this
chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR
800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in § 1.1307(b).
As part of the review process for T-Mobile’s application, City staff are working closely with
consultants to ensure that the proposal does not exceed the height limits, nor the volumetric limits,
set forth in the federal regulations. As you can see, the FCC has made the height limits extremely
ambiguous as the height can be measures in one of three ways. Despite these limitations created
by the FCC, City staff will review the current application in detail to ensure that it meets this
definition and will not approve the application unless it does meet the definition and the aesthetic
requirements in MMC chapter 16.38.
3. Aesthetic Requirements – MMC chapter 16.38 (Small Wireless Facilities)
As mentioned above, after the 2018 FCC SWF Order was issued, the City undertook a
comprehensive review of its wireless regulations to ensure existing regulations complied with the
149
AGENDA ITEM 9.4
FCC order and to adopt new regulations as applicable to ensure compliance with the changes in
federal law. The materials related to the City’s legislative process of that review are included in
the Council packet.
T-Mobile’s specific application is for a SWF on a wood pole owned by Puget Sound Energy
(“PSE”). Accordingly, the wooden pole design and concealment standards in MMC 16.38.070(B)
apply to their facility. Additionally, the general regulations in MMC 16.38.070(E) also apply. As
mentioned above, staff are still reviewing the application to ensure compliance with these
aesthetic standards are met and will not approve the application until all regulations are complied
with.
4. Future Considerations
If desired, the Council could direct City staff to undertake a review of the SWF aesthetic standards
and consider adopting a unified pole design standard for both wooden poles and metal poles.
Since PSE owns most of the poles in the City, City staff would need to work closely with PSE and
the carriers to ensure that the unified pole designs are compatible both from a structural integrity
standpoint for PSE and a technology standpoint from the carriers.
Additionally, while the City is currently unable to regulate SWF or macro facilities on the basis of
health or environmental considerations, the Council could consider passing a resolution asking
the FCC to update studies on the potential health risks of wireless facilities. Portland, Oregon
adopted such a resolution that could be used a starting point.
Attachment(s):
Attachment 1: December 11, 2018 Planning Commission Power Point
Attachment 2: January 14, 2019 Council Packet
Attachment 3: February 25, 2019 Joint Council/Planning Commission Packet and Power Point
Attachment 4: May 13, 2019 Memorandum and Power Point
Attachment 5: July 8, 2019 Council Packet
Attachment 6: April 1, 2021 T-Mobile Pre-application materials
Attachment 7: April 26, 2023 Memorandum on Small Wireless Facility Permit Process
Budget/Fiscal Impact: N/A
Recommendation: N/A
City Manager Approval: N/A
Proposed Council Motion: N/A
Time Estimate: 30 minutes
150
AGENDA ITEM 9.4
City of Medina Planning
Commission
Small Wireless Facility Presentation
Daniel Kenny –Emily Miner
Attorneys
206-447-7000
dpkenny@omwlaw.com
eminer@omwlaw.com 151
AGENDA ITEM 9.4
2
Why Small Cells?
aka Small Wireless Facilities
152
AGENDA ITEM 9.4
153
AGENDA ITEM 9.4
Small Wireless Facilities
154
AGENDA ITEM 9.4
5
Components of Small Wireless
Facilities
Each antenna associated with the deployment should be no
more than three (3) cubic feet in volume.
155
AGENDA ITEM 9.4
6
Components of Small Wireless
Facilities
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, should be no more
than 28 cubic feet in volume.
156
AGENDA ITEM 9.4
7
Components of Small Cells
Wireless equipment associated with the structure:
•Primary Equipment Enclosure (Radios, termination box,
etc.)
•Electric meter
•Demarcation box
•Battery back-up
•Power transfer switch
•Concealment
•Ground based enclosure
•Grounding equipment
•Cut-off switch
•Necessary Power & Fiber Lines
157
AGENDA ITEM 9.4
Antenna
Fiber & Coax Conduit
Power Conduit
New Fiber Service
Radios and Fiber
Termination Box
in a concealed
shroud
Power Disconnect
Anatomy of
a Small Cell
158
AGENDA ITEM 9.4
9
Small Cells on Wooden Utility Poles
159
AGENDA ITEM 9.4
10
Small Cells on Light Poles
160
AGENDA ITEM 9.4
11
Proposed Verizon
Deployment for
PSE Light Pole
in Kirkland
161
AGENDA ITEM 9.4
12
Washington State has considered state law changes
related to small cell. Nothing has passed. Unknown
if it will be brought up again next session and
whether anything will pass.
The FCC just published a Declaratory Ruling and
Third Report and Order that will impact the City’s new
code. This has an effective date of Jan. 14, 2019,
unless there is a stay.
State and Federal Changes
162
AGENDA ITEM 9.4
13
-OMW, in conjunction with staff, will be preparing
draft code that will position the City to review and
approve small wireless facility applications.
-Important to note –review timeline is 60 days for collocation/existing
pole –90 days for small cell on new structure. This is FAST.
-This includes all “action on applications seeking authorization for
deployments…”
-Franchises, small cell applications, permitting, etc.
-The draft will include Aesthetic Standards
-Not preempted if:
-Reasonable
-No more burdensome that those applied to other (similar) types of
infrastructure deployments
-Objective and published in advance (180 days from publication of
the order)
Potential New Code
163
AGENDA ITEM 9.4
OGDEN MURPHY WALLACE
OMWLAW.COM
Daniel Kenny and Emily Miner
Attorneys
206-447-7000
dpkenny@omwlaw.com
eminer@omwlaw.com 164
AGENDA ITEM 9.4
Medina City Council Regular Meeting AGENDA ITEM 4.5 / 7.2
Monday, January 14, 2019
AG ENDA BILL
Subject: CELL TOWER REGULATIONS – CODE AMENDMENTS
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Emily Miner, Assistant City Attorney
Summary:
The Federal Communications Commission (FCC) recently handed down a Declaratory Ruling
regarding local municipalities authority to regulate the deployment of small wireless facilities.
This Ruling will go into effect on January 14, 2019.
The Ruling was challenged in court by local governments but the request for a stay was denied,
so to ensure the City complies with the new FCC regulations, we have drafted two separate
ordinances. One updates MMC Title 19 to create regulations for processing applications for
small wireless facilities and one updates MMC Title 20 to outline zoning and aesthetic
requirements for small wireless facilities.
Attachments:
1.Ordinance No. 967
2.Ordinance No. 968
Budget/Fiscal Impact:
Staff Recommendation: Approval
City Manager Approval:
Proposed Council Motion:
I move to approve Ordinance No. 967 Wireless Franchise
Updates as presented and declaring an emergency.
I move to approve Ordinance No. 968 Wireless Zoning
Update as presented and declaring an emergency.
Page 242 of 315
165
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 1 of 12
Ordinance No. 967
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING
TITLE 19 OF THE MEDINA MUNCIPAL CODE TO ADD A NEW CHAPTER
19.14 TITLED SMALL WIRELESS DEPLOYMENTS WHICH WILL GOVERN
THE DEPLOYMENT OF SMALL WIRELESS FACILITIES; AMENDING MMC
SECTION 19.02.020 TO REVISE DEFINITIONS PERTAINING TO SMALL
WIRELESS FACILITIES; AMENDING MMC SECTION 19.02 TO ADD NEW
SECTION 19.02.140 AUTHORIZING ISSUANCE OF SMALL WIRELESS
FACILITY PERMITS; ADOPTING FINDINGS IN SUPORT OF THE
FOREGOING; DECLARING A PUBLIC EMERGENCY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE
WHEREAS, the Federal Communications Commission (FCC) recently adopted a
Declaratory Ruling, Order and Regulation (Ruling), and which Ruling imposes limitations on the
processing and review of all permits associated with the deployment of small wireless facilities,
including setting presumptive safe harbor review periods for the consideration of such facilities;
and
WHEREAS, such regulations effectively require the City of Medina (City) to have small
wireless standards and procedures in place on or before January 14, 2019; and
WHEREAS, poles within the public rights-of-way have been identified by the FCC as a
primary resource for the deployment of small wireless facilities which are intended to increase
the density and accessibility of radio frequency signals employed by smart phones and other
wireless devices; and
WHEREAS, the City Council deems it to be in the public interest to revise, update, and
add to its franchising requirements to deal specifically with small wireless facilities to be located
in the City’s rights-of-way, and to do so in conjunction with revisions and additions to the zoning
code;
WHEREAS, contemporaneously with the consideration of this ordinance, the City
Council enacted amendments to MMC Title 20 by amending MMC chapter 20.37 and adopting a
new MMC chapter 20.38 authorizing and establishing aesthetic standards for the deployment of
small wireless facilities;
WHEREAS, the City Council finds that the existence of the FCC regulations requires the
enactment of administrative procedures and processes to comply with the new presumptive
federal safe harbors on or before January 14, 2019; and
WHEREAS, the City is authorized by RCW 35A.12.130 to expeditiously adopt
ordinances due to a public emergency for the protection of the public peace, safety, or health;
and
Page 243 of 315
166
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 2 of 12
WHEREAS, the potential conflict between existing City review timelines and the
presumptive safe harbor review times under the new FCC regulations creates an emergency;
and
WHEREAS, the City Council finds that adopting the franchising and application
regulations set forth here are necessary for the immediate preservation of the public peace,
health or safety;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGOTN,
DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to adopt and establish revisions
to the City’s Telecommunications Code in response to the FCC Ruling restricting the City’s
ability to regulate the deployment of small wireless facilities.
Section 2. Findings. The City Council adopts its findings above and further finds that
this ordinance is necessary, in conjunction with Ordinance No. __, to address potential
applications for small wireless facilities within the presumptive safe harbor review periods
prescribed by the FCC Ruling. As such, a public emergency exists requiring that this ordinance
take effect immediately upon passage.
Section 3. Amendment to MMC 19.02.020. The Medina Municipal Code Section
19.02.020 is hereby amended as follows:
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
“Applicant” means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title;
“Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
“Cable facilities” means equipment and wiring used to transmit audio and video signals to
subscribers;
“Cable operator” means a telecommunications carrier providing or offering to provide “cable
service” within the city as that term is defined in the Cable Act;
“Cable service,” for the purpose of this title, shall have the same meaning provided by the Cable
Act;
“Cable system” means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
“City” means the city of Medina, Washington;
Page 244 of 315
167
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 3 of 12
“City property” means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
“Council” means the city council of the city of Medina, Washington acting in its official capacity;
“Data communication” means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
“Director” means the Public Works Director or his/her designee;
“Emergency” means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
“Excess capacity” means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
“FCC” or “Federal Communications Commission” means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
“Fiber optics” means the technology of guiding and projecting light for use as a communications
medium;
“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights-of-way of the city and to also
provide telecommunications service to persons or areas in the city;
“Franchisee” means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
“Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this
section, is granted by the council under this Chapter and the lawful successor, transferee or
assignee of such person, firm or corporation;
“Grantor” means the City of Medina acting through its City Council;
“Light Pole” means a pole owned by the City and used primarily for light streets, parking areas,
parks or pedestrian paths;
“Open video system” or “OVS” refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Page 245 of 315
168
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 4 of 12
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time-to-time;
“Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
“Person” means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
“Property of franchisee” means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
“Proposal” means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
“Right-of-way” means land acquired or dedicated for public roads and streets, but does not
include state highways or land dedicated for roads, streets and highways not opened and not
improved for motor vehicle use by the public;
“Service provider”: Is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of personal wireless services;
“Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless
facility” as set forth in 47 CFR 1.6002;
“State” means the state of Washington;
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or comingled with other types of services);
“Surplus space” means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
“Telecommunications carrier” means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
“Telecommunications facilities” means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
Page 246 of 315
169
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 5 of 12
“Telecommunications provider” means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
“Telecommunications service” means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
“Telecommunications system” see “telecommunications facilities”;
“Traffic Signal Poles” means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
“Underground facilities” means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
“Universal service” means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
“Usable space” means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
“Utility facilities” means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights-of-way of the city and used or to be used for the
purpose of providing utility or telecommunications services.;
“Utility Pole” means a wooden pole designated and used primarily for the support of electrical
wires, telephone wires or television cable;
“Washington Utilities and Transportation Commission” or “WUTC” means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
“Wireline” means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Section 4. Amendment to MMC 19.02 – Adoption of New Section 19.02.140. Chapter
19.02 of the Medina Municipal Code is hereby amended by the addition of a new section
19.02.140 Small Wireless Facility Permit Required to provide in its entirety as follows:
19.02.140 Small Wireless Facility Permit Required.
Except as otherwise provided herein, any telecommunications carrier who
desires to construct, install, operate, maintain or otherwise locate a small
wireless facility, as defined in chapter 19.02.020, in, under, over or across any
public way of the city or on any public structure for the purposes of providing
Page 247 of 315
170
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 6 of 12
telecommunication services to persons and areas in or outside the city shall first
obtain a small cell permit pursuant to Chapter 19.14 MMC and 20.38. MMC.
Section 5. Amendment of Title 19 – Adoption of New Chapter 19.14. Title 19 of the
Medina Municipal Code is hereby amended by the addition of a new chapter 19.14 Small
Wireless Deployment and is hereby enacted as follows:
Chapter 19.14
Small Wireless Deployment
Sections:
19.14.010 Application Process.
19.14.020 Small wireless permit application.
19.14.030 Review process.
19.14.040 Permit requirements
19.14.050 Modifications to small wireless facilities.
19.14.060 Consolidated Permit.
19.14.010 Application Process.
Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need
to accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Medina has adopted this administrative process for
the deployment of small wireless facilities. The City and applicant for a franchise and other
permits associated with the deployment of small wireless facilities face challenges in
coordinating applicable legislative and administrative processes under the Federal
Communications Commission (FCC) regulations. A franchise for the use of the City’s right-of-
way is a contract which requires approval by the City Council. The small wireless permits are
issued by the Director. Applicants are encouraged and expected to provide all related
applications in one submittal, unless they have already obtained a franchise.
Application Process. The Director is authorized to establish franchise and other application
forms to gather the information required by these ordinances from applicants and to determine
the completeness of the application process as provided herein. The application shall include
Parts A, B, and C as described below.
Franchise. The process typically begins with and depends upon approval of a franchise
for the use of the public right-of-way to deploy small wireless facilities if any portion of
the applicant's facilities are to be located in the right-of-way. A complete application for
a franchise is designated as Part A. An applicant with a franchise for the deployment of
small wireless facilities in the City may proceed to directly apply for a small wireless
facility permit and related approvals (Parts B and C).
Small Wireless Facility Permits. Part B of the application requires specification of the
small wireless facility components and locations as further required in the small wireless
permit application described in Section 19.14.020.
Associated Permit(s). Part C of the application shall attach all associated permits
requirements including but not limited to permits required under MMC 19.12, and
Page 248 of 315
171
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 7 of 12
applications or check lists required under the Critical Areas, Shoreline or SEPA
ordinances. Applicants for deployment of small wireless facilities in City Design Zones
or for new poles shall also comply with the requirements in Chapter 20.38.070.
Leases. An applicant who desires to attach a small wireless facility to any utility pole or
light pole owned by the City shall include an application for a lease as a component of its
application. The Director is authorized to approve leases in the form approved for
general use by the City Council for any utility pole or light pole in the right-of-way.
Leases for the use of other public property, structures or facilities shall be submitted to
the City Council for approval.
19.14.020 Small Wireless Permit Application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
The location of overhead and underground public utility, telecommunication, cable,
water, sewer drainage and other lines and equipment in the rights-of-way along the
proposed route;
The specific trees, structures, facilities, lines and equipment, and obstructions, if any,
that applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
All existing proposed improvements related to the proposed location, including but not
limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures
within 250 feet from the proposed site.
The construction drawings shall also include the applicant's plan for electric and fiber
utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches,
emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility.
If the site location includes a replacement light pole, then the applicant must submit a
photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of
the existing light.
Compliance with the aesthetic requirements of Chapter 20.38.060.
Page 249 of 315
172
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 8 of 12
The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. To extent that the pole or
structure is not owned by the property owner, the applicant shall demonstrate in writing that they
have authority from the property owner to install the small wireless facility on the pole or
structure. Such written approval shall include approval of the specific pole, engineering and
design standards, as well as assurances that the specific pole can withstand wind and seismic
loads, from the pole owner, unless the pole owner is the City. Submission of the lease
agreement between the owner and the applicant is not required. For city-owned poles or
structures, the applicant must obtain a lease from the City prior to or concurrent with the small
wireless permit application and must submit as part of the application the information required in
the lease for the City to evaluate the usage of a specific pole.
The applicant can batch multiple small wireless facility sites in one application. The applicant is
encouraged to batch the small wireless facility sites within an application in a contiguous service
area.
Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned
for residential use shall demonstrate that it has considered the following:
Whether the proposed small wireless facility could be located on a street corner rather
than in the middle of a block.
Whether a small wireless facility is currently installed on an existing pole in front of the
same residential parcel. If a small wireless facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
Whether the proposed small wireless facility can be screened from residential view by
choosing a pole location that is not directly in front of a window or views.
Any application for a small wireless permit which contains an element which is not exempt from
SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 18.04.
Further, any application proposing small wireless facilities in Shoreline Management Zones
(pursuant to MMC 20.6) or in Critical Areas (pursuant to MMC 20.50) must indicate that the
application is exempt or comply with the review processes in such codes.
The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the
proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the Small Wireless facility will operate. If facilities which
generate RF radiation necessary to the Small Wireless facility are to be provided by a third
party, then the small wireless permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless deployment if the applicant is using the same
small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
The applicant shall provide proof of FCC and other regulatory approvals required to provide the
service(s) or utilize the technologies sought to be installed.
Page 250 of 315
173
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 9 of 12
A professional engineer licensed by the State of Washington shall certify in writing, over his or
her seal, that both construction plans and final construction of the small wireless facilities and
structure or pole and foundation are designed to reasonably withstand wind and seismic loads
as established by the International Building Code.
A traffic control plan as required by MMC 19.12.
The applicant shall endeavor to use the quietest equipment possible and shall state the noise
levels of all equipment utilized.
Pursuant to MMC 19.14.040(F), applicants shall include documentation that demonstrates that
there is a licensed provider of wireless services contractually committed to using the proposed
small wireless facility at the requested location.
Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized
to adopt and publish standards for the technological and structural safety of City-owned
structures and to formulate and publish application questions for use when an applicant seeks
to attach to City-owned structures.
19.14.030 Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
In any zone, upon application for a small wireless permit, the City will permit small
wireless deployment on existing or replacement utility poles conforming to the City's
generally applicable development and design standard adopted pursuant to Chapter
20.38.060 except as provided in subsection B below.
Vertical clearance shall be reviewed by the Director to ensure that the small wireless
facilities will not pose a hazard to other users of the rights-of-ways.
Replacement poles and new poles shall comply with the Americans with Disabilities
Act (ADA), City construction and sidewalk clearance standards, traffic warrants, city
ordinances, and state and federal statutes and regulations in order to provide a clear
and safe passage within the rights-of-way. Further, the location of any replacement
pole or new pole must: be physically possible, cannot obstruct vehicular or pedestrian
traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants,
traffic control devices), and not adversely affect the public welfare, health, or safety.
No equipment shall be operated so as to produce noise in violation of Chapter 8.06
MMC.
Small wireless facilities may not encroach onto or over private property or property
outside of the right of way without the property owner's express written consent.
Development Services Department. Small wireless facilities on existing infrastructure shall be
reviewed and approved by the Director. Small wireless facilities deployment in areas designated
as Design Zones pursuant to Chapter 20.38.050, as well as new non-City owned poles, or
Page 251 of 315
174
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 10 of 12
replacement poles deviating from the pole design standards adopted pursuant to Chapter
20.38.060, are subject to review by the Hearing Examiner.
Eligible Facilities Requests. The design approved in a small wireless facility permit shall be
considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Chapter 20.38.080 when the modification does not defeat the
concealment elements of the small wireless facility.
Review of Facilities. Review of the site locations proposed by the applicant shall be governed by
the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes, regulations and
case law. Applicants for franchises and the small wireless facility permits shall be treated in a
competitively neutral and non-discriminatory manner with other service providers, utilizing
supporting infrastructure which is functionally equivalent, that is, service providers whose
facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small
wireless facility permit review under this Chapter shall neither prohibit nor have the effect of
prohibiting the ability of an applicant to provide telecommunications services.
Collaborative Review. The Director may require the applicant to produce a representative to
collaboratively review application materials with City staff up to one time per week during the
course of the City’s review. The required applicant representative may include an engineer
and/or a siting specialist with sufficient understanding of the project to knowledgeably address
questions or concerns the City may have on the application. The City must provide seven (7)
days’ notice to applicant of the date, time, location, anticipated scope of review, and requested
participants for the meeting.
Final Decision. Consistent with this Chapter as well as other applicable code provisions
including but not limited to MMC 20.38.060, the Director or his/her designee shall review an
application to site small wireless facilities, with the exception of new poles in the rights-of-way
which is governed by MMC 20. .38.070, for completeness and notify the Applicant consistent
with the requirements of federal and state law.
Public Comment. The City shall provide notice of a complete application for a small wireless
facility permit on the City’s website with a link to the application. The notice shall include an
email contact and telephone number for the applicant to answer citizen inquiries. The applicant
shall notice and hold at least one (1) informational meeting for the public within 30 days of filing
the complete application. These informational meetings are for the public’s information and are
neither hearings nor part of any land use appeal process.
Withdrawal. Any applicant may withdraw an application submitted pursuant to 19.14.020 at any
time, provided the withdrawal is in writing and signed by all persons who signed the original
application or their successors in interest. When a withdrawal is received, the application shall
be deemed null and void. If such withdrawal occurs prior to the Director’s decision, then
reimbursement of fees submitted in association with said application shall be prorated to
withhold the amount of City costs incurred in processing the application prior to time of
withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall be
no refund of all or any portion of such fee.
Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to 19.14.020 by the Director within sixty (60) days of notice by the Director
Page 252 of 315
175
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 11 of 12
shall be deemed a denial of that application, unless an extension period has been approved by
the Director.
19.14.040 Permit Requirements
A. The grantee of any permit shall comply with all of the requirements within the small
wireless permit.
Small wireless facilities installed pursuant to a small wireless facility permit may proceed to
install the approved small wireless facilities without the need for an additional right-of-way use
permit if construction is commenced within thirty (30) days of approval by providing email or
written notice to the Director. Facilities approved in a small wireless permit in which installation
has not commenced within thirty (30) days of the approval of a small wireless facility permit shall
apply for and be issued a right-of-way use permit to install such small wireless facilities in
accordance with the standard requirements of the City for use of the right-of-way.
Post-Construction As-Builts. Within sixty (60) days after construction of the small wireless
facility, the grantee shall provide the City with as-builts of the small wireless facilities
demonstrating compliance with the permit and site photographs.
Permit Time Limit. Construction of the small wireless facility must be completed within six (6)
months after the approval date by the City. The grantee may request one (1) extension to be
limited to three (3) months, if the applicant cannot construct the small wireless facility within the
original six (6) month period.
Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe
and working condition. The grantee shall be responsible for the removal of any graffiti or other
vandalism and shall keep the site neat and orderly, including but not limited to following any
maintenance or modifications on the site.
Operational Activity. The grantee shall include documentation that demonstrates that there is a
licensed provider of wireless services contractually committed to using the proposed small
wireless facility at the requested location.
19.14.050 Modifications to small wireless facilities
A. If a grantee desires to make a modification to an existing small wireless facility, including
but not limited to expanding or changing the antenna type, increasing the equipment enclosure,
placing additional pole-mounted or ground-mounted equipment, or modifying the concealment
elements, then the applicant shall apply for a small wireless facility permit.
A small wireless facility permit shall not be required for routine maintenance and repair of a
small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of
similar size, weight, and height, provided that such replacement does not defeat the
concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
Page 253 of 315
176
AGENDA ITEM 9.4
ATTACHMENT 1
Ordinance No. 967 Page 12 of 12
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.04 MC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless permit grants authority to construct small wireless
facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations,
to avoid the need to seek duplicative approval by both the public works and the development
services department. If the applicant requires a new franchise to utilize the right-of-way, the
franchise approval shall be consolidated with the small wireless facility permit review if
requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the
small wireless facility permit is not a right-of-way use permit, but instead a consolidated public
works and land use permit and the issuance of a small wireless facility permit shall be governed
by the time limits established by federal law for small wireless facilities.
To the extent they do not conflict with the requirements of this chapter, the general standards
applicable to the use of the rights-of-way described in 19.04 and 19.06 MMC shall apply to all
small wireless facility permits.
Section 6. Severability. If any section, sentence, clause, or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause, or phrase of this ordinance.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary clerical corrections to this ordinance including, but not limited to, the
correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 8. Effective Date. Based upon the findings set forth above, the City Council
hereby declares a public emergency requiring this ordinance to take effect immediately. This
ordinance shall accordingly be in full force and effect immediately upon passage
PASSED by the majority plus one of the City Council of the City of Medina this 14th day of
January 2019 and signed in authentication of its passage this 14th day of January 2019.
_____________________________
Cynthia Adkins, Mayor
Approved as to form: Attest:
_____________________________ _____________________________
Scott Missall, City Attorney Aimee Kellerman, City Clerk
Page 254 of 315
177
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 1 of 17
Ordinance No. 968
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ADOPTING
INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT
TO RCW 35A.63.220 AND RCW 36.70A.390; AMENDING TITLE 20 OF THE
MEDINA MUNICIPAL CODE TO ADD A NEW CHAPTER 20.38 AUTHORIZING
AND ESTABLISHING STANDARDS FOR THE DEPLOYMENT OF SMALL
WIRELESS FACILITIES; ADOPTING FINDINGS IN SUPPORT OF THE
FOREGOING; REQUIRING A POST-ADOPTION PUBLIC HEARING ON THE
FOREGOING; PROVIDING FOR SEVERABILITY; DECLARING A PUBLIC
EMERGENCY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE
WHEREAS, the Federal Communications Commission (FCC) recently adopted a
Declaratory Ruling, Order and Regulation (Ruling), and which Ruling imposes limitations on the
processing and review of all permits associated with the deployment of small wireless facilities,
including setting presumptive safe harbor review periods for the consideration of such facilities;
and
WHEREAS, such regulations effectively require the City of Medina (City) to have small
wireless standards and procedures in place on or before January 14, 2019; and
WHEREAS, such interim standards will protect the City and meet FCC requirements
while regaining the ability to adopt additional aesthetic standards on or before January 14, 2019
with the ability to adopt additional aesthetic standards on or before April 14, 2019; and
WHEREAS, contemporaneous with the consideration of this ordinance, the City Council
enacted amendments to its existing franchise code provisions MMC Chapter 19.02 and adopted
a new MMC Chapter 19.14 in order to provide for the deployment of small wireless facilities; and
WHEREAS, the aesthetic design and concealment standards that govern deployment of
small wireless facilities on private property, as well as within the public right-of-way, will be
included in MMC Chapter 20.38;
WHEREAS, separately, federal law and regulation sets time limits on the processing of
applications for eligible facility requests to expand existing structures which do not substantially
change the height or profile of the structures used to collocate wireless communications
facilities, and which regulations will also become part of Chapter 20.38; and
WHEREAS, the FCC Ruling allows the City to adopt aesthetic standards for such
deployments that will require utilization of a consolidated process emphasizing administrative
review in order to comply with federal safe harbors or presumptively reasonable time limits for
review; and
WHEREAS, the City Council finds that the existence of the FCC regulations requires the
enactment of administrative procedures and processes to comply with the new presumptive
federal safe harbors on or before January 14, 2019; and
Page 255 of 315
178
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 2 of 17
WHEREAS, the potential conflict between existing City review timelines and the
presumptive safe harbor review times under the new FCC regulations 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 due to a public emergency for the
protection of the public peace, safety, or health while permanent regulations are developed,
vetted and processed through the City’s standard legislative procedure’s; and
WHEREAS, the City Council finds that the use of the interim zoning ordinance will allow
the City to meet the January 14, 2019 deadline while providing a meaningful opportunity for its
citizens to provide input regarding design, concealment and other aesthetic standards within the
longer timeframe permitted by use of an interim zoning ordinance; and
WHEREAS, the City Council finds that adopting interim zoning regulations as set forth
herein for up to six (6) months is necessary for the immediate preservation of the public peace,
health or safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to adopt and establish interim
aesthetic requirements and revisions to the City’s wireless communications facilities code
provisions in response to the FCC Ruling for a period of six (6) months, or until such earlier time
as permanent regulations may be adopted.
Section 2. Findings. The City Council adopts its findings above and further finds that
this ordinance is necessary, in conjunction with Ordinance No. 967, to address potential
applications for small wireless facilities within the presumptive safe harbor review periods
prescribed by the FCC Ruling. As such, a public emergency exists requiring that this ordinance
take effect immediately upon passage.
Section 3. Amendment to MMC 20.37.030(A). The Medina Municipal Code Section
20.37.030(A) regarding applicability of Chapter 20.37, Wireless Communication Facilities is
hereby amended as follows:
A. The provisions of this chapter shall apply to all new and expansion and/or
alteration of wireless communication facilities located within the boundaries of the
city, except for the following:
1. Those facilities used for the primary purpose of public safety by a public
agency, such as police, and 911 communications systems;
2. Incidental use of a support structure exempts under subsection (A)(1) of this
section by nonpublic entities for the attachment of antennas and ancillary
facilities;
3. Wireless radio utilized for emergency communications in the event of a
disaster;
4. An antenna that is designed to receive television broadcast signals;
5. An antenna for receiving and sending of amateur radio devices or HAM radios
Page 256 of 315
179
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 3 of 17
provided the criteria in MMC 20.37.040 are satisfied;
6. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive direct broadcast satellite services, including direct-
to-home satellite services and those subject to MMC 20.32.060;
7. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services,
instructional television fixed services, and local multipoint distribution services.;
8. A small wireless communications facility that is permitted under MMC
19.14.020 and is subject to MMC 20.38.
SECTION 4. Amendment of Title 20 MMC – Adoption of New Chapter 20.38. Title 20 of
the Medina Municipal Code is hereby amended by the addition of a new chapter 20.38 Small
Wireless Facilities and is hereby enacted as follows:
Chapter 20.38
SMALL WIRELESS FACILITIES
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Application requirements for small wireless facilities.
20.38.050 Design Zones for small wireless facilities.
20.38.060 Design and concealment standards for small wireless
deployments.
20.38.070 New poles in the rights-of-way for small wireless facilities and
installations in a Design Zone.
20.38.080 Eligible facilities request.
20.38.090 Testing of small wireless facilities required.
20.38.100 Appeals.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development,
permitting, and removal of small wireless facilities. Among the purposes included are to:
Minimize potential adverse visual, aesthetic, and safety impacts of small wireless facilities.
Establish objective standards for the placement of small wireless facilities.
Ensure that such standards allow competition and do not unreasonably discriminate among
providers of functionally equivalent services.
Encourage the design of such small wireless facilities to be aesthetically and architecturally
compatible with the surrounding built and natural environments where possible.
Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
Page 257 of 315
180
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 4 of 17
F. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for additional definitions for terms utilized in this Chapter.
A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet or
other communications through the sending and/or receiving of radio frequency signals including,
but not limited to, equipment attached to a tower, utility pole, building or other structure for the
purpose of providing wireless services.
“Co-location” means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means
the mounting or installation of transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for communications purposes.
“Small wireless facility” has the same meaning as defined in 47 CFR 1.6002.
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or comingled with other types of services).
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services included, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
“Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
“Utility pole” means a wooden structure designed and used primarily for the support of electrical
wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths.
20.38.030 General provisions.
A. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
Small wireless facilities located outside of the public rights-of-way may be either a primary or a
secondary use. A different use of an existing structure on the same lot shall not preclude the
installation of a small wireless facility.
Small wireless facilities located within the public right-of-way pursuant to a valid franchise are
permitted uses in every zone of the City but still require a small wireless facility permit pursuant
to MMC 19.02.140.
Page 258 of 315
181
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 5 of 17
20.38.040 Application requirements for small wireless facilities.
Any application for a small wireless facility both inside and outside of the right-of-way shall
comply with the application requirements for a small wireless facility permit described in Chapter
19.14.020.
20.38.050 Design Zones for small wireless facilities
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities: Medina Park located at 7789 NW 12th Street, Medina Beach Park located at
501 Evergreen Point Road, and Fairweather Nature Preserve (also referred to as Fairweather
Nature Preserve and Park) located at 2857 Evergreen Point Road, Viewpoint Park located at
Overlake Drive West and 84th Avenue NE, and Lake Lane Park located in the 3300 block of 78th
Place NE.
Any applicant who desires to place a small wireless facility in a Design Zone must first establish
that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
Applications for small wireless facilities within Design Zones are subject to approval by the
Hearing Examiner and must comply with a concealment element design described in Chapter
20.38.070 below.
20.38.060 Design and concealment standards for small wireless deployments.
Small wireless facility deployments whether permitted in the right-of way under Chapter 19.14
MMC or permitted in accordance with this chapter shall conform to the following design
standards:
A. Small wireless facilities attached to existing or replacement non-wooden light poles and
other non-wooden poles in the right-of-way or non-wooden poles outside of the right-of-way
shall conform to the following design criteria:
Enclosure Location and Dimensions. The applicant shall minimize to the extent possible
the antenna and equipment space use the smallest amount of enclosure possible to fit
the necessary equipment. The antennas and equipment shall be located using the
following methods in priority order:
Concealed completely within the pole or pole base. Antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) shall be fully concealed within the pole, unless such concealment is
otherwise technically infeasible, or is incompatible with the pole design. If within
the pole base, the base shall meet the ADA requirements and not impact the
pedestrian access route.
Located on a pole. If located on a pole, antennas and associated equipment
enclosures must be camouflaged to appear as an integral part of the pole or flush
Page 259 of 315
182
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 6 of 17
mounted to the pole, meaning no more than six (6) inches off of the pole, and the
equipment enclosure and all other wireless equipment associated with the shall
be the minimum size necessary for the intended purpose. The equipment
enclosure and all other wireless equipment associated with the pole (including
interior conduit), including wireless equipment associated with the antenna and
any pre-existing associated equipment on the pole, may not exceed twenty-eight
(28) cubic feet. If the equipment enclosure is permitted on the exterior of the
pole, the applicant is required to place the equipment enclosure behind any
banners or road signs that may be on the pole, provided that such location does
not interfere with the operation of the banners or signs. The furthest point of any
antenna or equipment enclosure may not extend more than twenty (20) inches
from the face of the pole.
Underground in a utility vault. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
On private property. If located on private property, the applicant shall submit a
copy of an executed easement or lease agreement with the private property
owner prior to the small wireless facility permit issuance.
An antenna on top of an existing pole may not extend more than six (6) feet above the
height of the existing pole and the diameter may not exceed sixteen (16) inches,
measured at the top of the pole, unless the applicant can demonstrate that more space
is needed. The antennas shall be integrated into the pole design so that it appears as a
continuation of the original pole, including colored or painted to match the pole, and shall
be shrouded or screened to blend with the pole except for canister antennas which shall
not require screening. All cabling and mounting hardware/brackets from the bottom of
the antenna to the top of the pole shall be fully concealed and integrated with the pole.
Any replacement pole shall substantially conform to the design of the pole it is replacing
or the neighboring pole design standards utilized within the contiguous right-of-way.
The height of any replacement pole may not extend more than ten (10) feet above the
height of the existing pole or the minimum additional height necessary; provided that the
height of the replacement pole cannot be extended further by additional antenna height.
The diameter of a replacement pole shall comply with the City's setback and sidewalk
clearance requirements and shall, to the extent technically feasible, not be more than a
25% increase of the existing non-wooden pole measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of the pole,
and shall comply with the requirements in subsection E(4) below.
The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
Page 260 of 315
183
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 7 of 17
All equipment that can be located underground shall be located underground if
technically feasible.
Wooden pole design standards. Small wireless facilities located on wooden poles shall conform
to the following design criteria:
The wooden pole at the proposed location may be replaced with a taller pole for the
purpose of accommodating a small wireless facility; provided, that the replacement pole
shall not exceed a height that is a maximum of ten (10) feet taller than the existing pole,
unless a further height increase is required and confirmed in writing by the pole owner
and that such height extension is the minimum extension possible to provide sufficient
separation and/or clearance from electrical and wireline facilities.
A pole extender may be used instead of replacing an existing pole but may not increase
the height of the existing pole by more than ten (10) feet, unless a further height
increase is required and confirmed in writing by the pole owner and that such height
increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities. A “pole extender” as used herein is an
object affixed between the pole and the antenna for the purpose of increasing the height
of the antenna above the pole. The pole extender shall be painted to approximately
match the color of the pole and shall substantially match the diameter of the pole
measured at the top of the pole.
Replacement wooden poles must either match the approximate color and materials of
the replaced pole or shall be the standard new wooden pole used by the pole owner in
the City.
Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall
be colored or painted to match the approximate color of the surface of the wooden pole
on which they are attached.
Antennas shall not be mounted more than twelve (12) inches from the surface of the
wooden pole.
Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.
Multiple antennas are permitted on a wooden pole provided that each antenna enclosure
shall not be more than three (3) cubic feet in volume.
A canister antenna may be mounted on top of an existing wooden pole, which may not
exceed the height requirements described in subsection B(1) above. A canister antenna
mounted on the top of a wooden pole shall not exceed sixteen (16) inches, measured at
the top of the pole, and shall be colored or painted to match the pole. The canister
antenna must be placed to look as if it is an extension of the pole. In the alternative, the
applicant may propose a side mounted canister antenna, so long as the inside edge of
the antenna is no more than twelve (12) inches from the surface of the wooden pole. All
cables shall be concealed either within the canister antenna or within a sleeve between
the antenna and the wooden pole.
Page 261 of 315
184
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 8 of 17
The furthest point of any antenna or equipment enclosure may not extend more than
twenty (20) inches from the face of the pole.
An omni-directional antenna may be mounted on the top of an existing wooden pole,
provided such antenna is no more than four (4) feet in height and is mounted directly on
the top of a pole or attached to a sleeve made to look like the exterior of the pole as
close to the top of the pole as technically feasible. All cables shall be concealed within
the sleeve between the bottom of the antenna and the mounting bracket.
All related equipment, including but not limited to ancillary equipment, radios, cables,
associated shrouding, microwaves, and conduit which are mounted on wooden poles
shall not be mounted more than six (6) inches from the surface of the pole, unless a
further distance is technically required, and is confirmed in writing by the pole owner.
Equipment for small wireless facilities must be attached to the wooden pole, unless
otherwise permitted to be ground mounted pursuant to subsection (E)(1). The
equipment must be placed in the smallest enclosure possible for the intended purpose.
The equipment enclosure and all other wireless equipment associated with the utility
pole, including wireless equipment associated with the antenna and any pre-existing
associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple
equipment enclosures may be acceptable if designed to more closely integrate with the
pole design and does not cumulatively exceed twenty-eight (28) cubic feet. The
applicant is encouraged to place the equipment enclosure behind any banners or road
signs that may be on the pole, provided that such location does not interfere with the
operation of the banners or signs.
An applicant who desires to enclose both its antennas and equipment within one unified
enclosure may do so, provided that such enclosure is the minimum size necessary for its
intended purpose and the enclosure and all other wireless equipment associated with
the pole, including wireless equipment associated with the antenna and any pre-exiting
associated equipment on the pole does not exceed twenty-eight (28) cubic feet. The
unified enclosure may not be placed more than six (6) inches from the surface of the
pole, unless a further distance is required and confirmed in writing by the pole owner. To
the extent possible, the unified enclosure shall be placed so as to appear as an
integrated part of the pole or behind banners or signs, provided that such location does
not interfere with the operation of the banners or signs.
The visual effect of the small wireless facility on all other aspects of the appearance of
the wooden pole shall be minimized to the greatest extent possible.
The use of the wooden pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
The diameter of a replacement pole shall comply with the City’s setback and sidewalk
clearance requirements and shall not be more than a 25% increase of the existing utility
pole measured at the base of the pole.
Page 262 of 315
185
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 9 of 17
All cables and wires shall be routed through conduit along the outside of the pole. The
outside conduit shall be colored or painted to match the pole. The number of conduit
shall be minimized to the number technically necessary to accommodate the small
wireless.
Small wireless facilities attached to existing buildings, shall conform to the following design
criteria:
Small wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building’s architectural theme.
The interruption of architectural lines or horizontal or vertical reveals is discouraged.
New architectural features such as columns, pilasters, corbels, or other ornamentation
that conceal antennas may be used if it complements the architecture of the existing
building.
Small wireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to
conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
Small wireless facilities shall be painted and textured to match the adjacent building
surfaces.
Small wireless facilities mounted on cables strung between existing utility poles shall conform to
the following standards.
Each strand mounted facility shall not exceed three (3) cubic feet in volume;
Only one strand mounted facility is permitted per cable between any two existing poles;
The strand mounted devices shall be placed as close as possible to the nearest utility
pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
No strand mounted device shall be located in or above the portion of the roadway open
to vehicular traffic;
Ground mounted equipment to accommodate a shared mounted facility is not permitted
except when placed in pre-existing equipment cabinets; and
Pole mounted equipment shall comply with the requirements of subsections A and B
above.
Such strand mounted devices must be installed to cause the least visual impact, be
outside the view of a single family residence, and without excess exterior cabling or
wires (other than the original strand).
Page 263 of 315
186
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 10 of 17
Strand mounted facilities are prohibited on non-wooden poles.
General requirements.
Ground mounted equipment in the rights of way is prohibited, unless such facilities are
placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights of way are prohibited.
No equipment shall be operated so as to produce noise in violation of Chapter 8.06
MMC.
Small wireless facilities are not permitted on traffic signal poles unless denial of the siting
could be a prohibition or effective prohibition of the applicant’s ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
Replacement poles and new poles shall comply with the Americans with Disabilities Act
(ADA), City construction and sidewalk clearance standards, city ordinance, and state
and federal laws and regulations in order to provide a clear and safe passage within the
rights-of-way. Further, the location of any replacement or new pole must: be physically
possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures
(e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare,
health or safety.
Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
No signage, message or identification other than the manufacturer’s identification or
identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no
larger than 4x6 inches); provided that, signs are permitted as concealment element
techniques where appropriate.
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. As feasible, lighting must be shielded to prevent direct glare and should
not be directed towards nearby properties.
Side arm mounts for antennas or equipment must be the minimum extension necessary
and for wooden poles may be no more than twelve (12) inches off the pole and for non-
wooden poles no more than six (6) inches off the pole.
The preferred location of a small wireless facility on a pole is the location with the least
visible impact.
Antennas, equipment enclosures, and ancillary equipment, conduit and cable, shall not
dominate the structure or pole upon which they are attached.
Page 264 of 315
187
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 11 of 17
Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in the residential zones.
The City may consider the cumulative visual effects of small wireless facilities mounted
on poles within the rights-of -way in when assessing proposed siting locations so as to
not adversely affect the visual character of the City. This provision shall not be applied
to limit the number of permits issued when no alternative sites are reasonably available
nor to impose a technological requirement on the applicant.
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.
20.38.070 New poles in the rights-of-way for small wireless facilities or installations in
Design Zone.
A. New poles within the rights-of-way are only permitted if the applicant can establish that:
The proposed small wireless facility cannot be located on an existing utility pole or light
pole, electrical transmission tower or on a site outside of the public rights of way such as
a public park, public property, building, transmission tower or in or on a non-residential
use in a residential zone whether by roof or panel-mount or separate structure;
The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.070(C) below;
The proposed small wireless facility also complies with Shoreline Management Act, and
SEPA, if applicable; and
Any new pole shall be installed at the point closest to the side property line so as to not
impact the property’s view; and
No new poles shall be located in a critical area or associated buffer required by the
City’s Critical Areas Management ordinance (Title 20.50MC), except when determined to
be exempt pursuant to said ordinance.
All equipment that can be located underground shall be located underground if
technically feasible.
An application for a new pole is subject to a review and decision by the Hearing Examiner.
The concealment element design shall include the design of the screening, fencing or other
concealment technology for a tower, pole, or equipment structure, and all related transmission
equipment or facilities associated with the proposed small wireless facility, including but not
limited to fiber and power connections.
Page 265 of 315
188
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 12 of 17
The concealment element design should seek to minimize the visual obtrusiveness of
the small wireless facility. The proposed pole or structure should have similar designs to
existing neighboring poles in the rights of way, including similar height to the extent
technically feasible. If the proposed small wireless facility is placed on a replacement
pole in a Design Zone, then the replacement pole shall be of the same general design as
the pole it is replacing, unless the development services department otherwise approves
a variation due to aesthetic or safety concerns. Any concealment element design for a
small wireless facility on a decorative pole should attempt to mimic the design of such
pole and integrate the small wireless facility into the design of the decorative pole. Other
concealment methods include, but are not limited to, integrating the installation with
architectural features or building design components, utilization of coverings or
concealment devices of similar material, color, and texture - or the appearance thereof -
as the surface against which the installation will be seen or on which it will be installed,
landscape design, or other camouflage strategies appropriate for the type of installation.
Applicants are required to utilize designs in which all conduit and wirelines are installed
internally in the structure. Further, applicant designs should, to the extent technically
possible, comply with the generally applicable design standards adopted pursuant to
MMC 20.38.060.
If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same public right-of-way or for the
same pole type, then the applicant shall utilize a substantially similar concealment
element design, unless it can show that such concealment element design is not
physically or technologically feasible, or that such deployment would undermine the
generally applicable design standards.
Even if an alternative location is established pursuant to 20.38.070(A)(1) the Director may
determine that a new pole in the right-of-way is in fact a superior alternative based on the
impact to the City, the concealment element design, the City’s Comprehensive Plan and the
added benefits to the community.
Prior to the issuance of a permit to construct a new pole or ground mounted equipment in the
right-of-way, the applicant must obtain a site-specific agreement from the City to locate such
new pole or ground mounted equipment. This requirement also applies to replacement poles
that are higher than the replaced pole, and the overall height of the replacement pole and the
proposed small wireless facility is more than sixty (60) feet.
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 of the street scape.
20.38.080 Eligible Facilities Request
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.38.080.
“Base Station”: A structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications between user equipment and a communications
Page 266 of 315
189
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 13 of 17
network. The term does not encompass a tower as defined herein nor any equipment
associated with a tower. Base Station includes, without limitation:
Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses equipment described in
subparagraph (i) and (ii) above that has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
The term does not include any structure that, at the time the Eligible Facilities
Request application is filed with the City, does not support or house equipment
described in subparagraph (1)(a) and (1)(b) above.
“Collocation”: The mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or receiving radio frequency signals
for communication purposes.
“Eligible Facilities Request”: Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or base
station, involving:
Collocation of new transmission equipment;
Removal of transmission equipment; or
Replacement of transmission equipment.
“Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
“Existing”: A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another State or local
regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
“Substantial Change”: A modification substantially changes the physical dimensions of
an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the height of
Page 267 of 315
190
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 14 of 17
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty (20) feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty (20) feet, or more than the width of the tower structure at
the level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six (6) feet;
For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current site;
It would defeat the concealment elements of the eligible support structure; or
It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
“Tower”: Any structure built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures that
are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
“Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
Application. The Director shall prepare and make publicly available an application form used to
consider whether an application is an Eligible Facilities Request. The application may not
require the applicant to demonstrate a need or business case for the proposed modification.
Qualification as an Eligible Facilities Request. Upon receipt of an application for an Eligible
Facilities Request, the Director shall review such application to determine whether the
Page 268 of 315
191
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 15 of 17
application qualifies as an Eligible Facilities Request.
Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an
Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the
application is filed and may be tolled only by mutual agreement by the Director and the applicant
or in cases where the Director determines that the application is incomplete. The timeframe for
review of an Eligible Facilities Request is not tolled by a moratorium on the review of
applications.
To toll the timeframe for incompleteness, the Director shall provide written notice to the
applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
Following a supplemental submission, the Director will notify the applicant within ten (10)
days that the supplemental submission did not provide the information identified in the
original notice delineating missing information. The timeframe is tolled in the case of
second or subsequent notices pursuant to the procedures identified in this sub-section.
Second or subsequent notice of incompleteness may not specify missing documents or
information that was not delineated in the original notice of incompleteness.
Determination That Application Is Not an Eligible Facilities Request. If the Director determines
that the applicant’s request does not qualify as an Eligible Facilities Request, the Director shall
deny the application.
Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
20.38.090 Testing of small wireless facilities required.
Each permitted small wireless facility permit holder shall conduct annual tests, at the permit
holder’s expense, necessary to establish the level of radio frequency radiation created by the
small wireless facility. The purpose of this testing is to ensure that the radio frequency radiation
is in compliance with the FCC’s regulations and standards.
Page 269 of 315
192
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 16 of 17
A. The annual testing is in addition to the test required pursuant to MMC 19.14.020(F).
Thereafter, the permit holder shall test the small wireless facility every April to measure the
radio frequency radiation created by the small wireless communication facilities to ensure
compliance with the FCC’s regulations and standards.
All such tests required by this section shall be performed by a licensed electrical engineer, or by
a person with equivalent capabilities approved by the City Engineer.
Copies of each and every radio frequency radiation test shall be submitted to the City Engineer
on the first day of the month following the month in which the test is performed. Such test results
shall be certified by a licensed electrical engineer. No renewal of a permit or lease shall be
granted unless the permit holder submits the test results to the City prior to the City’s
consideration of the renewal application.
If at any time the radio frequency radiation test shows that the radio frequency radiation
emanating from the small wireless facility exceeds the standards established by the FCC, the
permit holder shall immediately disconnect the small wireless facility and notify the City
Engineer. The small wireless facility shall not be reconnected until the permit holder
demonstrates that corrections have been completed to reduce the radio frequency radiation to
levels permitted by the FCC.
20.38.100 Appeals
Small wireless facilities permit decisions or Eligible Facilities Requests decisions made by the
Director are final decisions appealable to the Hearing Examiner within thirty (30) days of such
decision. However, decisions on request for new poles for the siting of small wireless facilities
as outlined in MMC 20.38.070 or for installations in Design Zones as outlined in MMC
20.38.050, are determined by the Hearing Examiner. Such decisions by the Hearing Examiner
are final and appealable to King County Superior Court within thirty (30) days of such decision.
The timely filing of an appeal of a wireless communication facility permit decision shall stay the
effective date of the decision until such time as the appeal is concluded or withdrawn.
Section 5. Public Hearing. The City Clerk is hereby authorized and directed to schedule a
public hearing on the interim regulations set forth in this ordinance and to provide notice of said
hearing in accordance with applicable standards and procedures. Said hearing shall be held no
later than 60 days after the date of adoption hereof. Pursuant to RCW 35A.63.220 and RCW
36.70A.390, the City Council may adopt additional legislative findings in support of this
ordinance at the conclusion of said hearing.
Section 6. Corrections. The City Clerk and codifiers of the ordinance are authorized to make
necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not
affect the validity or effectiveness of the remaining portions of this Ordinance.
Page 270 of 315
193
AGENDA ITEM 9.4
ATTACHMENT 2
Ordinance No. 968 Page 17 of 17
Section 8. Declaration of Emergency; Effective Date; Sunset. Based upon the findings set forth
above, the City Council hereby declares a public emergency requiring this ordinance to take
effect immediately. This ordinance shall accordingly be in full force and effect immediately upon
passage and shall remain effective for a period of six months unless terminated earlier or
subsequently extended by the City Council. PROVIDED, that the City Council may, in its sole
discretion, renew the interim zoning regulations set forth herein for one or more six (6) month
periods in accordance with state law.
PASSED by the majority plus one of the City Council of the City of Medina this 14th day of
January 2019 and signed in authentication of its passage this 14th day of January 2019.
_____________________________
Cynthia Adkins, Mayor
Approved as to form: Attest:
_____________________________ _____________________________
Scott Missall, City Attorney Aimee Kellerman, City Clerk
Page 271 of 315
194
AGENDA ITEM 9.4
MEDINA, WASHINGTON
MEDINA CITY COUNCIL / PLANNING
COMMISSION MEETING AGENDA
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
Monday, February 25, 2019
5:30 PM
MAYOR
CYNTHIA F. ADKINS
DEPUTY MAYOR
JESSICA ROSSMAN
COUNCIL MEMBERS
ROGER FREY
JENNIFER GARONE
DAVID LEE
ALEX MORCOS
SHEREE WEN
CITY MANAGER
MICHAEL SAUERWEIN
CITY ATTORNEY
SCOTT MISSALL
CITY CLERK
AIMEE KELLERMAN
AGENDA
Page
1. STUDY SESSION - CALL TO ORDER / ROLL CALL
Council Members Adkins, Frey, Garone, Lee, Morcos, Rossman and Wen
Planning Commissioners, Langworthy, Nelson, Preston, Reeves, Schubring, Smith and Truitt
2. STUDY SESSION
3 - 15 2.1 Planning Commission Work Plan and Calendar
2.2 Cell Tower Regulations Discussion
2.3 Open Round Table Discussion:
• City Council Meeting Start Time
3. ADJOURNMENT
Next regular meeting: Monday, March 11, 2019; 6:30 PM
Page 1 of 15
195
AGENDA ITEM 9.4
Page
ADDITIONAL INFORMATION
The study session is the forum used by Council to review forthcoming programs of the City, to
receive progress reports on current issues, or to receive similar information from the City
Manager and others. All discussions and conclusions held during a workshop are of an informal
nature. Generally, final action is not taken while in a study session unless delayed action may
result in adverse consequences. Additionally, there is no public comment at a study session.
In compliance with the Americans with Disabilities Act, if you need a disability-related
modification or accommodation, including auxiliary aids or services, to participate in this
meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the
meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Aimee Kellerman, City Clerk for the City of Medina, declare that the foregoing agenda for the
Monday, February 25, 2019 Special Joint Meeting of the Medina City Council and Planning
Commission was posted and available for review on Thursday, February 21, 2019 at City Hall
of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also
available on the city website at www.medina-wa.gov.
Signed Thursday, February 21, 2019 at Medina, Washington.
______________________________
Aimee Kellerman, CMC, City Clerk
Page 2 of 15
196
AGENDA ITEM 9.4
Cr
ea 100 OVERVIEW
Ce
ll
B8
co
TASK ORIGIN/RANKING
% Complete Start End
Th
e POLICIES, PLANS & REGULATIONS
Periodic review of Shoreline Master Program (WA law)Staff/1%January Due June 30, 2019
City-initiated Comprehensive Plan Update (WA law)Staff/Next update due 2023
Sample phase title blockMISC CODE AMENDMENTS / ANALYSIS
Sample phase title blockReview/revise Wireless Communication Code (Fed law changes)Staff, City attorney, Council/January Due July 14, 2019
Consider Deleting Verification Step of Original Grade Staff/
Consider expanding allowances for matching non-conforming height Staff/
Floor Area Ratio/minimum landscapting requReview Floor Area Ratio/minimum landscaping requirements Staff/
Review residential development policy re: "wedding cake" houses PC, CC/
Look at critical areas PC, CC/
Analysis and strategic review of commuter parking PC, CC/
Review Redmond's additional unit policy PC, CC/
UPDATE KEY DEVELOPMENT REGULATIONS
Review/revise site plan review process Staff/
Update Construction Mitigation Plan Code Staff, PC, CC/February
ENVIRONMENTAL STEWARDSHIP/SUSTAINABILITY
Canopy Assessment/Tree Code Amendments PC, CC/
Sustainability Regulations Staff, PC, CC/
Notes:
This gives an overview of the PC work program over the next two and a half years
It gives the option to include percentage completed
We can include an on-track indicator
The "origin" column can be used to give the context i.e city council request and/or give
the ranking
The idea of the accompanying worksheets is to pick the top two highest ranking topics
and identify subtasks and a timeline
We need to give each topic a ranking and the length of time we think it should take
Pa
g
e
3
o
f
1
5
197
AGENDA ITEM 9.4
Item Description Requests to Staff Outside experts/
consultants needed
Deliverable Timing and budget notes:
Periodic review of Shoreline
Master Program
This task involves updating the shoreline master program, which
manages shoreline resources and development in Medina, to
comply with the Shoreline Management Act, State shoreline
master program guidelines, and best practices for shoreline
protection. Update to ensure consistency between the shoreline
master program and the rest of the Medina Code.
Staff: Please check on when next update required by
law and apprise PC and CC. CC to discuss and provide
feedback to PC re next steps.
Yes; The Watershed
Co. will facilitate
the review.
Update SMP to be compliant with changes in the laws,
rules and applicable updated guidance that has been
adopted between 2007 and 2017. PC to send
recommendation to CC on adopting update beginning
2Q 2019 to meet deadline.
Update is due June 30, 2019;
the City received a $10,000
grant from DOE to hire a
consultant to help facilitate
the review.
City-initiated Comprehensive
Plan Update (WA law)
This task involves undertaking a broad review of the
Comprehensive Plan to determine if the goals and policies still
reflect community values and to incorporate streetscape
amendments developed in 2012.
Staff: Please check on when next update required by
law and apprise PC and CC. CC to discuss and provide
feedback to PC re next steps.
Yes The initial deliverable would be a priority list of the goals
and policies that should be updated. After delivery of
the initial output, CC and PC would collaboratively agree
on next steps, which may include community
workshops.
Next mandated update will
be due in 2023. Suggested
anticipated start date will be
in 2021.
Review/revise Wireless
Communication Code
Working within the parameters of the new FCC rules governing
the modification of existing wireless communication facilities,
recommend revisions that allow Medina to reasonably regulate,
to the extent permitted by Washington and federal law, the
installation, operation, collocation, modification and removal of
wireless facilities (including small cells) in Medina, in order to
help protect the health, safety and welfare of community,
including general design and aesthetic standards and
requirements.
Staff: PC and CC to discuss at February 2019 work
session
This will be
completed with the
City Attorney's
assistance
The deliverable would the legislative process for
adopting land use amendments including holding public
hearings, obtaining input from Dept. of Commerce, and
providing for a SEPA review. The code will likely evolve
from what was initally adopted January 14th.
The City has six months to
go through the legislative
process for the Code
amendments with a
deadline of July 2019
Consider Deleting Verification
Step of Original Grade
This task involves the consideration of removing the second step
for determining original grade and accepting assumption of
original grade as the final original grade determination.
Staff: Please research matter, and staff memo to PC
with recommendation at PC’s ________________ 2019
meeting.
No Recommendation from PC to CC on whether to
keep/delete original grade provisions.
Consider expanding
allowances for matching non-
conforming height
This task involves the consideration of expanding allowances for
matching nonconforming height. This can be achieved by either
extending the availability of minor deviations to lots greater than
16,000 square feet, or allowing existing buildings to match
existing rooflines regardless of their conforming/ nonconforming
status.
Staff: Please collect and provide data to PC re whether
this is still an issue (e.g., what’s the problem we are
trying to solve?), or whether the problems are different
under current residential building environment. For
example, would expanding allowances encourage
remodel of existing homes, to help preserve existing
housing stock. Staff to present data to PC.
No Recommendation from PC to CC on whether to expand
allowances, and, if so, recommended approach. CC can
either instruct staff to prepare draft Code, or can
request that PC work with staff on draft Code.
Review Floor Area
Ratio/minimum landscaping
requirements
This task involves review of best practices in region regarding lot
coverage, building bulk, etc. Consider whether to change from
structural coverage standard to Floor Area Ratio standard. This
would incorporate 2016 work item looking at structural
coverage based on height. Also consider whether to change
maximum impervious surface standard to a minimum
landscaping standard.
On hold until Planner on-board at City No The initial deliverable from PC to CC would be high-level
recommendations. CC, in consultation with PC, would
then set next steps in developing detailed Code
provisions.
Pa
g
e
4
o
f
1
5
198
AGENDA ITEM 9.4
Review residential
development policy re:
"wedding cake" houses
This is a topic that came out of the May 2018 Joint Study Session
with a suggestion to review the Mercer Island policy. This is a
task that could be combined with reviewing the possibility of the
city moving to a FAR standard. However, a change to the code
like this would require multiple public particiapation sessions,
including public hearings, open houses, and community
roundtable discussions.
Staff:No Recommendation from PC to CC to adopt code changes.
Look at critical areas This is a topic that came out of the May 2018 Joint Study Session. Staff:Yes TBD after CC/PC discussion
Analysis and strategic review
of commuter parking
This is a topic that came out of the May 2018 Joint Study Session. Staff:Yes TBD after CC/PC discussion
Review Redmond's additional
unit policy
This is a topic that came out of the May 2018 Joint Study Session.
This is possibly something that could be included as an update to
the Housing portion of the Comp Plan update that I suggest the
City begin in 2021.
Staff:TBD after CC/PC discussion
Review/revise site plan
review process
Currently, the site plan review process is mandatory for
construction, expansion, or alteration of large lots, lots that are
larger than neighboring lots, or smaller lots seeking relief from
setbacks to preserve significant trees. This task will involve a
review of best practices and a consideration of whether to
delete SPR process as mandatory requirement and instead offer
this process as an alternative means for modifying dimensional
standards where good design principles are applied
Staff: As a part of CMP discussion, convene joint CC/PC
meeting in ______ for policy discussion and
consideration of site plan and design reviews, ideas for
maintaining current housing stock (vs. tear-down/new
build), etc.
No TBD after CC/PC discussion
Update Construction
Mitigation Plan Code
This task involves reviewing and updating the construction
mitigation plan code provisions, including process, procedures
and criteria, based on observations made and public input
received, in order to better protect health, safety and welfare of
community while providing more certainty and clarity for the
development community and increasing effectiveness and
enforceability. Focus on the why (what are the goal of CMPs?),
as well as on simplification, efficiency, economical use of time
and money, uniformity, and consistency. Ensure CMP
requirements are being transferred to work site (perhaps using a
one-page cover listing critical items in CMP, like Mercer Island)
Staff: Together with CC/PC, please convene joint CC/PC
meeting in 3Q 2018 for policy discussion (goals of
CMPs, etc.) Include broader policy discussion of
residential development code, including purpose of
CMP, consideration of site plan and design reviews,
ideas for maintaining current housing stock (vs. tear-
down/new build), etc. And, Steve Wilcox and City
Planner to review best practices from sister cities
(including Mercer Island) and, when ready, solicit input
from and convene focus group(s), including City staff
(and consultants), PC and CC members, residents,
people from industry, for up to three (3) roundtable
discussion(s) re what’s not working, what is working,
recommended changes, etc., to CMP. Begin work in 3Q
and hold roundtable discussions in 3Q and 4Q 2018.
Staff recommendation to PC in 1Q or 2Q 2019, which
could include a list or outline of Code changes, new
documents, new processes, etc.
No The initial deliverable from PC to CC is a list or outline of
recommendations. CC will review and possibly revise
and revert to PC in __Q 2019 with request.
Staff would like this update
to happen as reasonably
fast as possible in order to
remove CMP's from PC
Pa
g
e
5
o
f
1
5
199
AGENDA ITEM 9.4
Canopy Assessment/Tree
Code Amendments
The City’s tree canopy continues to be a primary feature of
Medina. This task will evaluate how the current tree code is
working, and whether there are revisions that would be
appropriate in order to better protect the City’s tree canopy
while increasing ease of use/calculation for residents and
providing more certainty for the development community.This
task probably requires a tree canopy assessment. Tree canopy
assessments provide communities with a sense of the
geographic shape and overall health of the tree canopy, and
trends in tree canopies over time. The City has collected aerial
imagery and analyzed the data at X-yr intervals (most recently in
___ and ___) to track tree canopy gain/loss and gauge the
effectiveness of code requirements in protecting trees. This task
may involve a review of best practices, and should consider
whether Medina can leverage the recent tree-canopy data and
work from Hunts Point. Also, include completion of urban
forestry management manual (and consider leveraging Clyde Hill
UFM manual).
Staff: Please ask Tom Early to present to PC in ___ his
opinion on how the current tree code is working. City
Manager to obtain estimates for tree-canopy
assessment (and to check with Hunts Point re their
vendor/pricing), and present data to CC by _____. If
expense approved, assessment of tree canopy to be
delivered to CC and PC (target date by ____). Planner
to make recommendation to PC re urban forestry
management manual.
Yes Based on assessment of tree canopy, deliver to CC, in list
or outline form, preliminary recommendations, which
would be used by CC, in consultation with PC, to set next
steps in developing detailed Code provisions. Also, make
recommendation to CC re urban forestry management
manual.
Sustainability Regulations This task involves a review of best practices across the region in
establishing green building codes and other sustainability
standards, and a recommendation on which would be
appropriate for Medina, in order to ensure more
environmentally-sound development in Medina and support
local government climate and sustainability actions.
Staff: Identify experts who can give overview of
universe of green-building codes and other
sustainability standards, focusing on highest
impact/best actions for Medina. (Randy Reeves and
Jessica Rossman to pass along names of possible
vendors to Mike/Steve.) 3Q or 4Q 20__ expert to
present to PC with high-level recommendations that
are appropriate for Medina.
Yes The initial deliverable from PC to CC would be high-level
recommendations that Medina should pursue. That list
would be used by CC, in consultation with PC, to set next
steps in developing detailed Code provisions.
Pa
g
e
6
o
f
1
5
200
AGENDA ITEM 9.4
TASK RANKING START END
SMP Update Due June 30, 2019
Sub Tasks
1. Watershed to provide schedule of work
2. Public participation/hearing requirement
3. Draft changes
Wireless Code Update Due July
Sub Tasks
1. PC and CC to discuss at February study session
CMP Update
As soon as reasonably
possible
Sub Tasks
Page 7 of 15
201
AGENDA ITEM 9.4
JANUARY 22, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft Planning Commission Minutes
Workplan Discussion of Small Cell Deployment Emily Miner None Required
Workplan
Sub-task
Review Calendar
FEBRUARY 26, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 1/22/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
MARCH 26, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 2/26/19 PC Minutes
Workplan
Workplan
Sub-task
PLANNING COMMISSION
2019 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:00 pm, at City hall (unless noticed otherwise).
Page 8 of 15
202
AGENDA ITEM 9.4
Review Calendar
APRIL 23, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 3/26/ PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
MAY 28, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 4/23/19 PC Minutes
Workplan SMP Update
Workplan
Sub-task
Prepare report to City Council to meet
June 30, 2019 adoption deadline Keyser Complete Task
Review Calendar
JUNE 25, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 5/28/19 PC Minutes
Workplan Wireless Code Update Emily Miner
Workplan
Sub-task
Prepare report to City Council to meet July
14, 2019 deadline Complete Task
Review Calendar
Page 9 of 15
203
AGENDA ITEM 9.4
JULY 23, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 6/25/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
AUGUST 27, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 7/23/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
SEPTEMBER 24, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 8/27/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
Page 10 of 15
204
AGENDA ITEM 9.4
OCTOBER 22, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 9/24/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
NOVEMBER 26, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 10/22/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
DECEMBER 24, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft 11/26/19 PC Minutes
Workplan
Workplan
Sub-task
Review Calendar
Page 11 of 15
205
AGENDA ITEM 9.4
JANUARY 28, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes Draft Planning Commission Minutes
Workplan
Workplan
Sub-task
Review Calendar
FEBRUARY 25, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
MARCH 24, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
PLANNING COMMISSION
2020 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:00 pm, at City hall (unless noticed otherwise).
Page 12 of 15
206
AGENDA ITEM 9.4
Review Calendar
APRIL 28, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
MAY 26, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
JUNE 23, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
Page 13 of 15
207
AGENDA ITEM 9.4
JULY 28, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
AUGUST 25, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
SEPTEMBER 22, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
OCTOBER 27, Planning Commission Regular Meeting; 6:00 pm
Page 14 of 15
208
AGENDA ITEM 9.4
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
NOVEMBER 24, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
DECEMBER 22, Planning Commission Regular Meeting; 6:00 pm
Item Type Topic Presenter PC Action
Legislative
Legislative
Minutes
Workplan
Workplan
Sub-task
Review Calendar
Page 15 of 15
209
AGENDA ITEM 9.4
City of Medina
Wireless Code Revisions
Joint Study Session
Elana Zana
Emily Miner
Ogden Murphy Wallace
210
AGENDA ITEM 9.4
Agenda
•Obtain feedback regarding wireless code
•Aesthetic and Design Standards
•Decision-making process
•Determine who will hold planning review meetings
•City Council
•Planning Commission
•Timeline of Code Amendment Process
•Overview of next steps
•Questions
211
AGENDA ITEM 9.4
Policy Decision Number One: Location or
Structure Preference?
•The City could create a preference for either location of the small cell
or a structure preference
•Location: 84th, Evergreen point road, etc.
•Structural: new light standards, existing wooden poles, etc.
•Considerations
•Cannot dictate, only encourage one or the other type of preference
•Locational preference would consolidate small cell in certain areas but could
leave residents without 5G
212
AGENDA ITEM 9.4
•Location Hierarchy (POLICY DECISION NUMBER ONE)
•84th Ave NE
•Evergreen Point Road
•Conditional Use Process v. Outright Permitted Use
•Structure Preference
•Existing wooden poles or structures
•New metal poles
•New METAL light standards
•Decision-making process
•Community Development Director
•Hearing Examiner
•City Council
213
AGENDA ITEM 9.4
Locational Hierarchy
•Option to encourage location of SWF in certain areas of the City by making the
permitting process for those areas easier
•In certain areas, SWF would be an outright permitted use
•In other areas, SWF would require a conditional use permit
•Locational Preference options
•Along 84th Ave NE
•Along Evergreen Point Road
•At intersections only
•Design Zones
•Considerations
•May cause concern for neighbors adjacent to the area
•Limits effect of SWF on Citywide aesthetic
•Could streamline permitting process
214
AGENDA ITEM 9.4
215
AGENDA ITEM 9.4
216
AGENDA ITEM 9.4
Structure Preference
•The City can encourage certain pole or structure types
•Structure options include:
•Existing wooden poles
•Existing buildings
•New light poles
•New metal poles
•INDUSTRY WOULD PREFER POLES TO NOWHERE
•Considerations
•Existing wooden poles or buildings likely mean least visual disruption to City’s
current aesthetic
•New metal poles or light poles would cause greater visual disruption
217
AGENDA ITEM 9.4
218
AGENDA ITEM 9.4
219
AGENDA ITEM 9.4
220
AGENDA ITEM 9.4
221
AGENDA ITEM 9.4
222
AGENDA ITEM 9.4
223
AGENDA ITEM 9.4
224
AGENDA ITEM 9.4
Decision Making and Appeal Process
•Review timelines still need to comply with presumptively reasonable
review periods set out in FCC Order
•Need to revise appeal process to ensure all permit decisions are appealed to
Superior Court rather than through an administrative appeal process
•Decision-maker depends on whether the City wants a locational hierarchy
or a structure preference
•To encourage either a locational hierarchy or structure preference, a
streamlined permit review period should be offered
•Example: Applications for SWF in the encourage location or on the preferred
structure type are reviewed only by the Director
•Example: Applications for SWF in other locations such as in a Design Zone or for
preferred poles are reviewed by the hearing examiner and might require additional
concealment standards or mitigation measures
225
AGENDA ITEM 9.4
Timeline of Code Amendment Process
•February 25th
•Joint Study Session
•March-May
•Staff and CC or PC will work through iterative process to further revise code
•May
•Staff will prepare code for Department of Commerce and organize public outreach for SEPA
review
•June
•Staff will incorporate any comments from DOC and SEPA
•Incorporate any needed revisions with franchise code
•PC or CC will hold public hearing to solicit public comment
•July
•Option to hold additional, final public hearing
•Adoption of final wireless code amendments by July 15, 2019
226
AGENDA ITEM 9.4
Questions?
227
AGENDA ITEM 9.4
City of Medina – Wireless Code Updates: Staff Report Page 1 of 5
M E M O R A N D U M
DATE:May 13, 2019
TO:Honorable Mayor and Medina City Council
FROM:Emily Miner, Assistant City Attorney
RE:Wireless Code Updates
This memorandum summarizes the revisions to the City’s wireless communications facility code based
on feedback received over the last several council and staff meetings.
Background Information
In the fall of 2018, the Federal Communication Commission (FCC) adopted new rules regulating how
cities process applications for small wireless communication facilities. The FCC Order was published in
October 2018 and went into effect on January 14, 2019. The City adopted interim regulations in order
to come into compliance with the new FCC rules. This gave the City six months to work through its
regular legislative process with regards to amending its code to address the new requirements in the
FCC Order.
The following table summarizes the changes council has requested and corresponding updates in the
code.
Requested Change Corresponding Code Change
1 Encourage 5G technology MMC 20.38.070(A)(2)(a) and
20.38.070(B)(11)
2 Update notice and informational meeting requirements 19.14.030(F)
3 Create an initial build out plan requirement MMC 19.14.020(J)
4 Develop a hierarchy of pole material, based on
location
MMC 20.38.050
5 Reduce equipment enclosure size MMC 20.38.070(A)(2)(a) and
20.38.070(B)(11)
6 Design Guidelines Internal staff document
7 Discussion of Fee Schedule Internal staff document
Page 7 of 644
228
AGENDA ITEM 9.4
Honorable Mayor and Medina City Council
May 13, 2019
Page 2
2
Additional revisions beyond the requested changes above were required to bring the Code into
compliance with the FCC Order and to clarify certain provisions. In addition, industry provided feedback
(see attachment) that we incorporated to a certain extent. The following tables outlines those changes.
Amendments to MMC 19.14 – Small wireless communication facility deployment and MMC 19.02.020
- Definitions (Attachment A and B)
Section Title Proposed Amendment
MMC 19.02.020 Definitions Updated definitions to reflect new terms in
FCC Order and real-world conditions in the
City.
MMC 19.14.010 Application Process Updated the application process to clarify
what permits are required and to encourage
consolidated permits for review.
MMC 19.14.020 Small Wireless Permit
Application
Added additional application requirements
including an initial build out plan.
MMC 19.14.030 Review Process Revised the public notice and informational
meeting requirement. Also clarified that all
decisions will be made by the Director.
MMC 19.14.040 Permit Requirements Updated requirements to extend permit
time limits and operational activity
requirement.
MMC 19.14.050 Modifications Added a requirement that when equipment
is modified, new RF testing is required.
MMC 19.14.070 Annual inspection for
small wireless facility
required
Pulled this requirement from 20.38 and put
it in 19.14 because it fit better with
application requirements rather than design
requirements. Revised to make it an annual
inspection rather than testing.
MMC 19.14.080 Appeals Revised appeal process to go straight to
superior court with no administrative
hearing process.
MMC 19.14.090 Removal of
abandoned small
wireless facilities
Developed new section for abandoned
facilities.
MMC 19.14 is the new chapter we developed to outline the requirements and process for small wireless
facility applications. We strengthened the application requirements by requiring an initial build out plan,
updated the review criteria to include requirements for the notice and public information meeting, and
moved and revised the testing of small wireless facilities section from MMC 20.38 to MMC 19.14. We
moved the section because it fits better with the application requirements. We revised the section
based on feedback from industry; as written now, new testing is only required when a modification
occurs or if the provider changes something that would require a new test under the FCC regulations. If
no modifications occur, an annual inspection along with a written report is required. We also moved the
Page 8 of 644
229
AGENDA ITEM 9.4
Honorable Mayor and Medina City Council
May 13, 2019
Page 3
3
appeals section from MMC 20.38 to MMC 19.14 because it is a procedural provision rather than a design
provision. Finally, we added a provision to process abandoned facilities.
MMC 20.12 – Definitions and MMC 20.80 – Project Permit Review Procedures (Attachment C)
There were some miscellaneous code revisions that were required to be removed in order to fully
integrate and update the Code as it related to wireless communication facilities. These changes included
removing definitions in MMC 20.12 that pertained to the “gap in coverage” test.
Amendments to MMC 20.37 – Wireless Communication Facilities (Attachment C)
Section Title Proposed Amendment
MMC 20.12.040 “C” Definitions Removed “coverage gap” definition.
MMC 20.12.200 “S” Definitions Removed “significant gap in coverage”
definition.
Section Title Proposed Amendment
MMC 20.37.030 Applicability Add subsection (C) to refer readers to
19.02.020 MMC for additional definitions for
terms utilized in the Chapter.
MMC 20.37.070 Site requirements for
macro towers –
outside the city
rights-of-way
Removed reference to “significant gap in
coverage” test and replaced with “effective
prohibition” test
MMC 20.37.080 Site requirements for
macro towers –
inside the city rights-
of-way
Removed reference to “significant gap in
coverage” test and replaced with “effective
prohibition” test
MMC 20.37.120(E)
and (F)
Nonadministrative
special use permit
required
Removed and replaced sections with new MMC
20.37.190.
MMC 20.37.130(C)Application submittal
requirements
This section referred to a test that is no longer
valid under the FCC Order.
MMC 20.37.140 Requirement to
demonstrate need for
facility
This section referred to a test that is no longer
valid under the FCC Order.
MMC 20.37.190 Eligible Facilities
Requests
Replaces parts of the existing MMC 20.37.120
to comply with FCC Order. Moved from 20.38
because it generally pertains to macro facilities
only.
Page 9 of 644
230
AGENDA ITEM 9.4
Honorable Mayor and Medina City Council
May 13, 2019
Page 4
4
In MMC 20.37 relates to design and zoning requirements for macro facilities. The proposed
amendments are intended to address changes the FCC Order made regarding how macro facility
applications are processed. These changes included no longer using the “gap in coverage” test and
outlining specific requirements for eligible facilities requests (these are requests related to modifying
existing facilities).
Amendments to MMC 20.38 (Attachment D)
Section Title Proposed Amendment
MMC 20.38.010 Purpose Updated purpose section to reflect goals for
the code.
MMC 20.38.020 Definitions Consolidated definitions in MMC 19.02.
MMC 20.38.040 Applicability Clarified what this code applies to and the
types of permits required.
MMC 20.38.050 Hierarchy for small
wireless facility
placement
Created a hierarchy for placement of small
wireless facilities within the city.
MMC 20.38.060 Design zones for
small wireless
facilities
Revise decision maker process to have
Director make decision.
MMC 20.38.070 Design and
Concealment
standards
Created an option for standardize metal
pole designs and created a preference for
small equipment enclosures.
MMC 20.38.080(A)New Poles Added language regarding “access
easements” to address the private lanes.
MMC 20.38.080(B)New Poles Revise decision maker process to have
Director make decision.
MMC 20.38 is the new chapter we created to address design and zoning requirements for small wireless
facilities. The proposed amendments are intended to address the changes the FCC Order made to how
the City reviews and processes small wireless facility applications. While the initial interim regulations
laid the foundation, there were aspects of the code that we wanted to tighten and clarify, as well as
incorporate changes requested by council.
These changes included creating a preferred placement hierarchy for deployment of small wireless
facilities, developing an optional standardized metal pole design for new metal poles, reducing the
permitted size of equipment on the pole, adding requirements related to private lanes, and revising the
decision-making authority for new poles. While we had initially discussed a four cubic foot requirement
for the equipment box, feedback with the industry indicated that was not feasible with the current
technology. In addition, allowing for a larger equipment box will encourage carriers towards 5G
technology, which was a desire indicated by council. Finally, fifteen cubic feet was the permitted size of
Page 10 of 644
231
AGENDA ITEM 9.4
Honorable Mayor and Medina City Council
May 13, 2019
Page 5
5
the equipment box for the roll out of small wireless facilities in Bellevue, so this requirement also
follows the surrounding jurisdictions.
Process for Adoption
The process and schedule for adoption of the wireless code amendments is as follows:
Step Status
1 Draft interim regulations Complete
2 Adopt interim regulations Complete
3 Meet with council and commission to review interim
regulations
In Process
4 Amend interim regulations In Process
5 GMA review process May-June 2019
6 Public hearing and adoption process Due July 15, 2019
The City is required to follow the process set forth in MMC 20.81 to consider the design and
concealment related code amendments under MMC 20.38. At least one public hearing is required to be
held prior to the City Council acting on an amendment per MMC 20.81.040. The City has decided to hold
two public hearings: one on May 13, 2019 and one at the July 8, 2019 council meeting to solicit citizen
input. Informal public comments are accepted throughout the iterative review process; to date, no
comments have been received. Formal public review and comments will be solicited regarding MMC
Title 20 changes, in accordance with GMA public-participation plan.
The City is also reviewing updates to MMC 19.14, however, because those are not considered land use
amendments, Title 20 requirements for code amendments do not apply. Accordingly, these
amendments will not be going through the GMA review process, but the City still welcomes public
comment on these amendments.
Because the City adopted the zoning amendments on an interim basis, it is required to adopt the
permanent regulations by July 15, 2019. There is an option to extend the interim regulations for another
six (6) months but staff does not believe that option is needed at this time.
Page 11 of 644
232
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 1 of 14
Chapter 19.02.020
Definitions
1. Amendment to MMC 19.02.020. Medina Municipal Code Section 19.02.020 is hereby
amended by the addition of the following definitions:
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
“Access Easement” means any lane, road, avenue, driveway, etc. that is shared among one or
more residents and dedicated for private ingress and egress purposes in a legal document
which is recorded with King County Property Records;
“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15.
“Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or
cabinets associated with an antenna, located at the same fixed location as the antenna, and,
when collocated on a structure, is mounted or installed at the same time as such antenna.
“Applicant” means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title.;
“Applicant” means any person or corporation submitting an application for a small wireless
facility permit.
“Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
“Cable facilities” means equipment and wiring used to transmit audio and video signals to
subscribers;
“Cable operator” means a telecommunications carrier providing or offering to provide “cable
service” within the city as that term is defined in the Cable Act;
“Cable service,” for the purpose of this title, shall have the same meaning provided by the Cable
Act;
“Cable system” means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
“City” means the city of Medina, Washington;
Commented [MP1]: This is duplicative with the broader
definition immediately above.
Page 12 of 644
233
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 2 of 14
“City property” means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
“Collocation” means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means
the mounting or installing of transmission equipment on an eligible support stru cture for the
purposes of transmitting and/or receiving radio frequency signals for communications purposes ;
“Council” means the city council of the city of Medina, Washington acting in its official capacity;
“Data communication” means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
“Director” means the Development Services Director or his/her designee;
“Emergency” means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
“Excess capacity” means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
“FCC” or “Federal Communications Commission” means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
“Fiber optics” means the technology of guiding and projecting light for use as a communications
medium;
“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights-of-way of the city and to also
provide telecommunications service to persons or areas in the city;
“Franchisee” means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
“Grantor” means the City of Medina acting through its City Council;
“Open video system” or “OVS” refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successors has certified as compliant wi th Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time-to-time;
Commented [MP2]: Probably not necessary as it is defined for
EFRs in the applicable section – 20.37.190.
Commented [MP3]: This is never used.
Formatted: Indent: Left: 0"
Page 13 of 644
234
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 3 of 14
“Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
“Person” means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
“Property of franchisee” means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
“Proposal” means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
“Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and
streets but does not include:
1. State highways;
2. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec 912 and
related provisions of federal law that are not open for motor vehicle use.
“Service provider”: is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of telecommunication services;
“Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless
facility” as set forth in 47 CFR 1.6002(l);
“State” means the state of Washington;
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of telecommunication service
(whether on its own or comingled with other types of services);
“Surplus space” means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
Commented [MP4]: Is this what the City intends for all
purposes? I understand that the state highway through Medina is a
preferred location for small wireless facilities. Perhaps it is
appropriate when addressing the need for franchise agreements, but
not for small wireless permits under Chapter 19.14. Suggest
deleting “state highways” as an exclusion and clarifying elsewhere
as needed.
Commented [MP5]: Suggest restating the FCC definition here
for ease of reference.
Page 14 of 644
235
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 4 of 14
“Telecommunications carrier” means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be us ed
for the purpose of offering telecommunications service;
“Telecommunications facilities” means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
“Telecommunications provider” means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
“Telecommunications service” means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
“Telecommunications system” see “telecommunications facilities”;
“Traffic Signal Poles” means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but nonot limited to
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
“Underground facilities” means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
“Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
“Universal service” means a level of and definition of telecommunications servi ces as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
“Usable space” means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
“Utility facilities” means the plant, equipment and property, including but not limited to th e poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights-of-way of the city and used or to be used for the
purpose of providing utility or telecommunications services.;
Page 15 of 644
236
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 5 of 14
“Utility Pole” means a structure designed and used primarily for the support of e lectrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
“Washington Utilities and Transportation Commission” or “WUTC” means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
“Wireline” means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Page 16 of 644
237
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 6 of 14
Chapter 19.14
Small Wireless Facility Deployment
Sections:
19.14.010 Application Process.
19.14.020 Small Wireless Permit Applications.
19.14.030 Review Process.
19.14.040 Permit Requirements.
19.14.050 Modifications.
19.14.060 Consolidated Permit.
19.14.070 Testing of Small Wireless Facility Required.
19.14.080 Appeals.
19.14.090 Removal of abandoned small wireless facilities.
19.14.010 Application Process.
A. Any application for a small wireless facility both inside and outside of the right -of-way
shall comply with the application requirements for a small wireless facility permit described in
this chapter. For small wireless facilities inside the city right-of-way, the applicant must also
comply with the requirements pursuant to MMC Chapter 19.02.
B. Consistent with MMC 19.14.060 all permits, leases, and right-of-way use authorizations
necessary for the deployment of small wireless facilities and, if applicable an application for
franchise, shall be consolidated for review and a decision rendered to the full extent feasible
consistent withinin the presumptively timeframes established bywithin federal and state law.
Applicants are allowed to apply for franchises or leases independently of an application for a
small wireless facility permit.
C. The City and applicant for a franchise and other permits associated with the deployment
of small wireless facilities face challenges in coordinating applicable legislative and
administrative processes under the Federal Communications Commission (FCC) regulations.
Accordingly, iIn order to manage its rights-of-way in a thoughtful manner which balances the
need to accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Medina has adopted this administrative process for
the deployment of small wireless facilities. Applicants are encouraged and expected to provi de
all related applications listed in subsection (D) for each facility in one submittal, unless they
have already obtained a franchise or lease.
D. The Director is authorized to establish franchise and other application forms to gather
the information required by these ordinances from applicants and to determine the
completeness of the an application process as provided herein.
Page 17 of 644
238
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 7 of 14
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the publiccity right-of-way to deploy small wireless facilities if any
portion of the applicant's facilities are to be located in city the right-of-way. An applicant
with a franchise for the deployment of small wireless facilities in the City may proceed to
directly apply for a small wireless facility permit and related approvals. An applicant at its
option may utilize phased deployment.
2. Small Wireless Facility Permits. The application requires specification of the
small wireless facility components and locations as further required in the small wireless
permit application described in Section 19.14.020. Prior to the issuance of a small
wireless facility permit, the applicant shall pay a permit fee in an amount as determined
by the City Council and adopted by resolution, which must be a reasonable
approximation ofor the actual, objectively reasonable costs incurred by the City in
reviewing such permit application, and no higher than the fees charged to similarly-
situated competitors for similar situations.
3. Associated Permit(s). The applicant shall attach all associated, required permit
applications requirements including but not limited to permits applications required under
MMC 19.12, and applications or check lists required under the Critical Areas, Shoreline
or SEPA ordinances. Applicants for deployment of small wireless facilities in City Design
Zones or for new poles shall also comply with the requirements in MMC 20.38.070.
4. Leases. An applicant who desires to attach a small wireless facility to any
structure owned by the City shall include an application for a lease as a component of its
application. Leases for the use of other public property, structures or facilities shall be
submitted to the City Council for approval.
19.14.020 Small wireless facility permit application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facili ties will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third par as detailed
belowty. Detailed schematics and visual renderings of the small wireless facilities, including
engineering and design standards, shall be provided by the applicant. The application shall
have sufficient detail to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, adjacent lighting sewer drainage and other lines and equi pment, to the
extent applicable, within 50 feet of the proposed project area (which the project area
shall include the location of the fiber source and power source). Underground utility
locations are only relevant, and only need be shown, to the extent that the small wireless
facility will connect to them or applicant will be trenching/excavating in that location.
Further, the applicant shall include all existing and proposed improvements related to the
proposed location, including but not limited to poles, driveways, ADA ramps, equipment
Commented [MP6]: How will the City meet shot clocks in
processing a franchise agreement?
Commented [MP7]: Does the City have a draft fee resolution
for review?
Commented [MP8]: Suggest changing the HE process
incorporated therein due to inability to practically meet FCC shot
clocks.
Commented [MP9]: How will this process meet shot clocks?
Commented [MP10]: Underground utility locations are only
relevant to the extent that the small wireless facility will connect to
them or applicant will be trenching/excavating in that location.
Page 18 of 644
239
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 8 of 14
cabinets, street trees and structures, to the extent applicable, within 50 feet from the
proposed project area.
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. The construction drawings shall also include the applicant's plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to which the applicant is
responsible for installing such electric and fiber utilities, conduits, cables, and related
improvements. Where another party is responsible for installing such electric and fiber
utilities, conduits, cables, and related improvements, applicant's construction drawings
will include such utilities to the extent known at the time of application, but a t a minimum
applicant must indicate how it expects to obtain fiber and electric service to the small
wireless facility.
4. Compliance with the aesthetic requirements of MMC 20.38.070.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. For locations outside of the
public right-of-way, tTo extent that the pole or structure is not owned by the property owner, the
applicant shall demonstrate in writing that they have authority from the property owner to install
the small wireless facility on the pole or structure. Such written approval shall include approval
of the specific structure, engineering and design standards, as well as assurances that the
specific structure can withstand all required loads, including wind and seismic loads, from the
structure owner, unless the structure owner is the City. Submission of the lease agreement
between the owner and the applicant is not required. For city-owned poles or structures, the
applicant must obtain a lease from the City prior to or concurrent with the small wireless facility
permit application and must submit as part of the application the information required in the
lease for the City to evaluate the usage of a specific pole or structure.
C. The applicant can batch multiple small wireless facility sites in one application . The
applicant is encouraged to batch the small wireless facility sites when they are proposed for
approval at the same time and are within an application in a contiguous service area or use the
same design.
D. Any application for a small wireless facility located in th e right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the followin g:
1. Whether the proposed small wireless facility could be located on a street corner
rather than in the middle of a block.
2. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a sm all wireless facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
Commented [MP11]: The structural assurance is covered by
subsection H, below.
Commented [MP12]: Locations will largely depend on where
existing poles are already located. This appears to prefer a new pole
on a street corner.
Page 19 of 644
240
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 9 of 14
3. Whether the proposed small wireless facility can be screened from residenti al
view by choosing a pole location that is not directly in front of a window or views.
E. Any application for a small wireless facility permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and MMC
Chapter 18.04. Further, any application proposing small wireless facilities in Shoreline
Management Zones (pursuant to MMC 20.6) or in Critical Areas (pursuant to MMC 20.50) must
indicate that the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the small wireless facility will operate. If facilities which
generate RF radiation necessary to the small wireless facility are to be provided by a third party,
then the small wireless facility permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless facility deployment if the applicant is using the
same small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
G. The applicant shall provide proof of FCC license and other regulatory approvals required
to provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that the construction plans and final construction of the small wireless facilities
and structure or pole and foundation are designed to reasonably withstand wind and seismic
loads, or in the case of a utility owned structure, written confirmation that the structure owner is
exempt from the International Building Code and pole will support complete its own structural
analysis for the additional loads.
I. Applicant materials required for a building permit and/or a right of way permit, to the
extent applicable.
J. A network facility plan that includes the applicant’s plan for deployment of small wireless
facilities in the City of Medina. Information shall include the following:
1. A written description of the type of technology and type of consumer services the carrier
will provide to its customers.
2. An inventory list of the applicant’s sites and equipment location, including existing,
approved, proposed or pending, and planned.
3. A 500-scale map (1 inch equals 500 feet) of the City depicting the geographic location
and boundaries of the scope of coverage area for each small wireless facility proposed by the
applicant, and with the location of the applicant’s existing facilities identified as well as the
location of all other existing small wireless facilities and macro facilities within the City.
K. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the technological and structural safety of City-
Commented [MP13]: Applicant will not share network plans as
described in this subsection – this is proprietary information and has
no relationship to whether the proposed small wireless facility
complies with applicable codes. Further, this requirement is
contrary to federal law. See XO Missouri, Inc. v. City of Maryland
Heights, 256 F.Supp.2d 987 (E.D. Mo. 2003).
Formatted: Indent: Left: 0"
Page 20 of 644
241
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 10 of 14
owned structures and to formulate and publish application questions for use when an applicant
seeks to attach to City-owned structures.
L. Such other information as the Director, in his/her discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering, and a esthetic
considerations.
19.14.030 Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless permit, the City will permit
small wireless deployment on existing or replacement utility poles or other structures
conforming to the City's generally applicable development and design standards
adopted pursuant to Chapter 20.38.060.
2. If applicable, vVertical clearance shall be reviewed by the Director to ensure
that the small wireless facilities will not pose a hazard to other users of the rights-of-
ways.
3. If applicable, rReplacement poles and new poles shall comply with the
Americans with Disabilities Act (ADA), City construction and sidewalk clearance
standards, traffic warrants, city ordinances, and state and federal statutes and
regulations in order to provide a clear and safe passage within the rights-of-way.
Further, the location of any replacement pole or new pole must: be physically
possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not
adversely affect the public welfare, health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
5. Small wireless facilities may not encroach onto or over private prop erty or
property outside of the right of way without the property owner's express written
consent.
B. Final Decision. Small wireless facilities on existing or replacement infrastructure utility
poles or other structures shall be reviewed and approved by the Director. The Director’s
decision is final. Small wireless facilities deployment in areas designated as Design Z ones
pursuant to Chapter 20.38.050, as well as new non-City owned poles, and replacement poles
deviating from the pole design standards adopted pursuant to Chapter 20.38.060, are subject to
a written recommendation and approval or denial by the Hearing Examiner. The Hearing
Examiner’s decision is final.
C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Chapter 20.37.190 when the modification does not defeat the
concealment elements of the small wireless facility.
Commented [MP14]: Needs to be published in advance, as well
as be reasonable, no more burdensome than those applied to otheer
types of infrastructure, and objective.
Commented [MP15]: This Chapter authorizes locations outside
of the ROW, so not all of these factors are applicable.
Commented [MP16]: Suggest the City use an administrative
process so it can meet shot clocks.
Page 21 of 644
242
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 11 of 14
D. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility perm its shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Collaborative Review. The Director may require the applicant to produce a
representative to collaboratively review application materials with City staff up to one time per
week during the course of the City’s reviewprior to the 10th day after submittal of the application.
The required applicant representative may will include be an engineer and/or a siting specialist
with sufficient understanding of the project to knowledgeably address questions or concerns the
City may have on the application. The City must provide seven (7) days’ notice to applicant of
the date, time, location, anticipated scope of review, and requested participants for the meeting.
F. Public Notice and Informational Meeting Requirement Within 15 days of submission of a
complete application, the applicant shall provide written notification of any proposed above-
ground installation and the date, time, and place for the informational meeting to all owners of
property within five hundred (500) feet of the proposed location as part of the permit submittal.
1. The notice shall include a description of the proposed installation, including the
proposed dimensions, design, color, type of facility, proposed location, identification of
alternative locations that would meet project objectives, and the date of the informational
meeting. In lieu of providing all of this information as part of the notice, the applicant may
produce a webpage containing this information and direct residents to its location.
2. A rendering of the proposed facility shall be included in the notification.
3. The applicant shall provide the City with a distribution list of property owners and
a copy of the materials distributed.
2. The applicant shall hold an informational meeting for the public within 30 days of
submission of a complete application. These informational meetings are for the public’s
information and are neither hearings nor part of any land use appeal process.
G. Withdrawal. Any applicant may withdraw an application submitted pursuant to 19.14.020
at any time, provided the withdrawal is in writing and signed by all persons who signed the
original application or their successors in interest. When a withdrawal is received, the
application shall be deemed null and void. If such withdrawal occurs prior to the Director’s
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall
be no refund of all or any portion of such fee.
H. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to 19.14.020 by the Director within ninesixty (960) days of notice by the
Director shall be deemed a denial of that application, unless an extension period has been
approved by the Director.
Commented [MP17]: For this to be a meaningful meeting,
suggest an intake meeting or scheduling a meeting prior to the 10-
day deadline for the City to issue a completeness notification. With
that timing, the City still has the opportunity to request items for
fully complete status.
Formatted: Superscript
Commented [MP18]: Suggest deleting this subsection F. How
will this process be completed within the applicable shot clocks?
Further, notice and a meeting for every small wireless facility is
excessive.
Suggest the City adopt a construction notice process similar to
Seattle instead of this process.
Commented [MP19]: Does the 15 days start after completeness
confirmed by City?
Commented [MP20]:
Page 22 of 644
243
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 12 of 14
19.14.040 Permit Requirements.
A. The permit holder shall comply with all of the requirements within the small wireless
permit.
B. Post-Construction As-Builts. Upon request by the City, wW ithin sixty (60) days after
construction of the small wireless facility, the permit holder shall provide the City with as-builts of
the small wireless facilities demonstrating compliance with the permit and site photographs.
C. Permit Time Limit. Construction of the small wireless facility must be completed within
twelve (12) months after the approval date by the City. The permit holder may request one (1)
extension to be limited to six (6) months, if the permit holder cannot construct the small wireless
facility within the original twelve (12) month period.
D. Site Safety and Maintenance. The permit holder must maintain the small wireless
facilities in safe and working condition. The permit holder shall be responsible for the removal
of any graffiti or other vandalism on or to the facility and shall keep the site neat and orderly,
including but not limited to following any maintenance or modifications on the site.
E. Operational Activity. The permit holder shall commence operation of the small wireless
facility no later than six twelve (126) months after installation.
19.14.050 Modifications to small wireless facilities
A. If a small wireless facility permit holder desires to make a modification to an existing
small wireless facility, including but not limited to expanding or changing the antenna type,
increasing the equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, then the applicant shall apply for a small
wireless facility permit or eligible facilities requires request as may be required by MMC
20.37.190.
B. A small wireless facility permit shall not be required for routine maintenance and repair
of a small wireless facility within the rights-of-way, or the replacement of an antenna or
equipment of similar size, weight, and height, provided that such replacement does not defeat
the concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.04 MC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless facility permit grants authority to construct small
wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most
situations, to avoid the need to seek duplicative approval by both the public works and the
development services department. If the applicant requires a new franchise to utilize the city
right-of-way, the franchise approval shall be consolidated with the small wireless facility pe rmit
Page 23 of 644
244
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 13 of 14
review if requested by the applicant. As an exercise of police powers pursuant to RCW
35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a
consolidated public works and land use permit and the issuance of a small wireless facility
permit shall be governed by the time limits established by federal law for small wireless facilities.
B. The general standards applicable to the use of the city’s rights-of-way described in 19.04
and 19.06 MMC shall apply to all small wireless facility permits.
19.14.070 Testing of Small Wireless Facilities Required.
A. Each permitted small wireless facility permit holder shall conduct annual tests, at the
permit holder’s expense, necessary to establish the level of radio frequency radiation created by
the small wireless facility. The purpose of this testing is to validate that the radio frequency
radiation is in compliance with the FCC’s regulations and standards.
B. The permit holder shall test the small wireless facility annually to measure the radio
frequency radiation created by the small wireless communication facilities to ensure compliance
with the FCC’s regulations and standards.
C. All such tests required by this section shall be performed and certified by a licensed
electrical engineer, or by a person with equivalent capabilities approved by the City Engineer.
D. Copies of each and every radio frequency radiation test shall be submitted to the City
Engineer on the first day of the month following the month in which the test is performed.
E. If at any time a radio frequency radiation test shows that the radio frequency radiation
emanating from a small wireless facility exceeds the standards established by the FCC, the
permit holder shall immediately notify the City and shall take any and all action to remediate the
problem as required by the FCC. The small wireless facility shall not be reconnected until the
permit holder demonstrates compliance with the FCC requirements.
19.14.080 Appeals.
Small wireless facilities permit decisions including decisions made by the Director or the
Hearing Examiner are not subject to administrative appeal and are final decisions appealable to
the King County Superior Court or federal court. Applicant may proceed forward with a
permitted project that has been appealed at applicant’s own risk and subject to any subsequent
court decision that may impact applicant’s ability to install such facilities.
19.14.090 Removal of abandoned small wireless facilities.
A. Any small wireless facility that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing the application for a continuous period of
twelve (12) months shall be considered abandoned.
B. The wireless telecommunication carrier of such abandoned small wireless facility shall
remove the same within 90 days of receipt of a notice from the City notifying the owner or
operator of such abandonment.
Commented [MP21]: Annual RF testing and reporting
requirements are excessive.
Formatted: Justified, Level 1, Widow/Orphan control
Formatted: Justified, Widow/Orphan control
Commented [MP22]: There isn’t sufficient time within a shot
clock period to process an administrative appeal. Suggest expressly
stating that no such appeals are allowed. Otherwise, this section
seems to be ambiguous enough to allow an appeal of a Director
decision to the Hearing Examiner.
Commented [MP23]: See comments above regarding Hearing
Examiner.
Page 24 of 644
245
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 14 of 14
C. Whenever a facility is abandoned or ceases operation, the entire facility shall be
removed, including, but not limited to, all antennas, antenna supports, feeder lines, base
stations, electronic equipment, and the pole upon which the small wireless facility is located,
unless the pole is owned and used by a utility or the City determines that such pole shall
remain.
D. Failure to remove such an abandoned facility shall result in declaring the small wireless
facility a public nuisance. If there are two or more users of a single pole, then this section shall
not become effective until all users cease using the pole.
Page 25 of 644
246
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 1 of 16
Chapter 20.12
Definitions
1. Amendment to MMC 20.12.040. Medina Municipal Code Section 20.12.040 is hereby
amended by the removal of the definition for “coverage gap”:
“Coverage gap” means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
2. Amendment to MMC 20.12.200. Medina Municipal Code Section 20.12.200 is hereby
amended by the removal of the definition for “significant gap in service coverage”:
“Significant gap in service coverage” means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection
to the national telephone network through a telecommunication carrier’s wireless
communication network. A “dead spot” (defined as small areas within a service area
where the field strength is lower than the minimum level for reliable service) does not
constitute a significant gap in services.
Chapter 20.37
Wireless Communication Facilities
1. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.030 regarding
applicability is hereby amended by the addition of section (c) as follows:
C. See Chapter 19.02.020 MMC for additional definitions for terms utilized in this
Chapter.
2. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.060(A)(1)
regarding location of wireless communication facilities is hereby amended as follows:
1. Those The southeast portions of Fairweather Nature Preserve which are is
nonforested and adjacent to the state highway right-of-way;
3. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.120(E) and (F)
regarding exceptions to the requirement for a nonadminstrative special use permit are
hereby repealed in their entirety.
4. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.130(C) is hereby
repealed in its entirety.
5. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.140 is hereby
repealed in its entirety.
6. Amendment to MMC 20.37. Medina Municipal Code Chapter 20.37 is hereby amended
by the addition of 20.37.190 – Eligible facilities request, as follows:
Commented [MP1]: What about other uses of “gap” in Chapter
20.37? References to a significant gap in Sections 20.37.070 and -
.080 should be replaced with the materially inhibit test.
Commented [MP2]: Section 20.37.030 should also be amended
to except small wireless facilities from this chapter and refer to
Chapter 20.38.
Commented [MP3]: Routine maintenance, repair, and
replacement should continue to be exempt from a special use permit.
This language could be moved to the Applicability section – as a
new subsection in 20.37.030(A).
Page 26 of 644
247
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 2 of 16
20.37.190 Eligible facilities request
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.37.190.
B.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
Page 27 of 644
248
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 3 of 16
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of-way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights-of-way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure;
or
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
Page 28 of 644
249
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 4 of 16
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.378.19080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and speci fically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
of second or subsequent notices pursuant to the procedures identified in this sub -
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant’s request does not qualify as an Eligible Facilities Request, the
Director shall deny the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
Page 29 of 644
250
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 5 of 16
Chapter 20.38
SMALL WIRELESS FACILITIES
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Applicability.
20.38.050 Hierarchy for small wireless facility placement.
20.38.060 Design Zones for small wireless facilities.
20.38.070 Design and concealment standards for small wireless
deployments.
20.38.080 New poles for small wireless facilities or for deployments in
Design Zones.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development,
permitting, and removal of small wireless facilities. Among the purposes included are to:
A. Ensure that residents receive the best technology possible while siting the technology in
a respectful and thoughtful manner.
B. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
C. Establish objective standards for the placement of small wireless facilities.
E. Ensure that such standards allow competition and do not unreasonably discriminate
among providers of functionally equivalent services.
D. Provide clear and predictable permitting requirements for network providers and the
community.
E. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
F. Provide an opportunity for residents and interested parties to provide comment on the
proposed location and design of new small wireless facilities;
G. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
H. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for definitions of terms utilized in this Chapter.
Page 30 of 644
251
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 6 of 16
20.38.030 General provisions.
C. A. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
B. Small wireless facilities located outside of the public rights-of-way may be either a
primary or a secondary use. A different use of an existing structure on the same lot shall not
preclude the installation of a small wireless facility.
C. Small wireless facilities located within the public right-of-way pursuant to a valid
franchise or agreement with the Washington State Department of Transportation are permitted
uses in every zone of the City but still require a small wireless facility permit pursuant to MMC
19.02.140.
20.38.040 Applicability.
A. Applicability. The placement of any small wireless facility in any location within the city is
subject to the provisions of this chapter.
B. Permit Required. Any application for a small wireless facility both inside and outside the
right-of-way shall comply with the application requirements for small wireless facility permit
described in MMC 19.14.020.
C. Lease Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located upon a city-owned structure,
or upon non-right-of-way property, which is either city-owned or city-leased, the applicant shall
be required to enter into a lease agreement with the City for the use of the city property.
D. Franchise Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located within the city’s right-of-way,
the applicant shall be required to enter into a franchise agreement, consistent with MMC
Chapter 19.02.140, with the City for the use of the city’s right-of-way and comply with the
requirements pursuant to MMC Title 19.
20.38.050 Hierarchy for small wireless facility placement.
A. The City’s preference is for applicants to deploy small wireless facilities as follows:
1. On existing or replacement wooden poles.
2. If an applicant would like to place a new metal pole, it should be placed along
84th Avenue between NE 12th Street and NE 28th Street.
3. If an applicant would like to place a pole in an undergrounded area, any new or
replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole designs standards utilized within the contiguous right-of-way (or the
City’s new preferred standard pole design, if applicable) and comply with the
concealment standards in MMC 20.38.0780.
Formatted: No bullets or numbering
Commented [MP4]: Does Medina regulate uses this way? It
doesn’t appear that it does.
Commented [MP5]: This is redundant. Permit required
immediately below - .040.B.2.
Commented [MP6]: This is far too limiting.
Page 31 of 644
252
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 7 of 16
20.38.060 Design Zones for small wireless facilities.
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities:
1. Medina Park located at 7789 NW 12th Street;
2. Medina Beach Park located at 501 Evergreen Point Road;
3. Fairweather Nature Preserve (also referred to as Fairweather Nature Preserve
and Park) located at 2857 Evergreen Point Road;
4. Viewpoint Park located at Overlake Drive West and 84th Avenue NE;
5. Lake Lane Park located in the 3300 block of 78th Place NE.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones must comply with a
concealment element design described in Chapter 20.38.080. Such applications are subject to a
written recommendation by the Director and approval or denial by the Hearing Examiner.
20.38.070 Design and concealment standards for small wireless deployments.
Small wireless facilities whether permitted inside or outside the right-of-way shall conform to the
following design standards.
A. Small wireless facilities attached to existing or replacement non-wooden light poles or
utility poles in the right-of-way or non-wooden light poles or utility poles outside of the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the
City’s Standards, Specifics and Details Manual, the applicant shall utilize such pole
design or may request modifications to the standard pole design to accommodate its
small cell facility without substantially changing the outward visual and aesthetic
character of the design. The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible, or that the modified
pole design will not comply with the city's ADA or, sidewalk clearance requirements
and/or would violate electrical or other safety standards, may deviate from the adopted
standard pole design and use the design standards as adopted in this subsection A.
2. The applicant shall minimize to the extent possible feasible the antenna and
equipment space and shall use the smallest amount of enclosure possible to fit the
necessary equipment and allow reasonable expansion for future frequencies and/or
Commented [MP7]: Suggest an administrative process so shot
clocks may be met.
Commented [MP8]: What is the expected timing for this?
Page 32 of 644
253
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 8 of 16
technologies. The antennas and equipment location shall be located in the following
priority order, to the extent technically feasible:
(a) Located on a pole if the total equipment enclosure is less than four fifteen
(154) cubic feet. If located on a pole, antennas and the associated equipment
enclosures (including disconnect switches and other appurtenant devices) must
be camouflaged to appear as an integral part of the pole or flush mounted to the
pole, meaning for antennas no more than twelve (12) inches off of the pole and
for associated equipment no more than six (6) inches off the pole, and must be
the minimum size necessary for the intended purpose, not to exceed the
volumetric dimensions of small wireless facilities. If the equipment enclosure is
permitted on the exterior of the pole, the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole,
provided that such location does not interfere with the operation of the banners or
signs or the equipment itself. The applicant may propose install a side mounted
canister antenna, so long as the inside edge of the antenna is no more than six
(6) inches from the surface of the pole. All cables shall be concealed either
within the canister antenna or within a sleeve between the antenna and the pole.
(b) (b) Concealed completely within the pole or pole base. Antennas and
the associated equipment enclosures (including disconnect switches and other
appurtenant devices) may be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's sidewalk clearance
requirements and shall, to the extent technically feasible, not be more than a
twenty (20) inches measured at the base of the pole, unless additional diameter
is needed in order to conceal equipment within the base of the pole. The pole
shall comply with the requirements in subsection E.4 below.
(c) Located underground. Underground in a utility vault if the total equipment
enclosure is four (4) or more cubic feet. If located underground, the access lid to
the equipment enclosure shall be located outside the footprint of any pedestrian
curb ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route. In no event shall the equipment
enclosure and all other wireless equipment associated with the pole small
wireless facility (including but not limited to conduit), including wireless
equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet.
(c) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not
be more than a twenty (20) inches measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of
the pole. The pole shall comply with the requirements in subsection E.4 below
(d) On private property. If located on private property, the applicant shall
Commented [MP9]: AT&T’s smallest equipment cabinet that it
is using in this region is larger than this. 15 cu feet is consistent with
Bellevue’s standards.
Formatted: Outline numbered + Level: 3 + Numbering
Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
1" + Indent at: 1"
Commented [MP10]: Suggest move up from (c).
Commented [MP11]: This seems misplaced.
Page 33 of 644
254
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 9 of 16
submit a copy of a letter of authority from the private property owner prior to the
small wireless facility permit issuance.
(e) Applicant may obtain approval of a lower-ranked priority
pursuant to Subsection E(13) when compliance with the location priorities: (a) is
not technically feasible; (b) impedes the effective operation of the small wireless
facility; (c) impairs a desired network performance objective; or (d) otherwise
materially inhibits or limits the provision of wireless service. The city may also
approve a lower-ranked priority when it finds the applicant’s proposed design
provides equivalent or superior aesthetic value when compared to strict
compliance with these priorities.
2. An antenna on top of an existing pole may not extend more than six (6) feet
above the height of the existing pole and the diameter may not exceed sixteen (16)
inches, measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match the
pole to the extent technically feasible, and shall be shrouded or screened to blend with
the pole except for canister antennas and 5G antennas which shall not require
screening. All cabling and mounting hardware/brackets from the bottom of the antenna
to the top of the pole shall be fully concealed to the extent feasible and integrated with
the pole.
3. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous right-of-
way (or the City’s new preferred standard pole design, if applicable). Any replacement
pole shall be placed as close to the original pole as feapossible., but no more than five
(5) feet from the existing pole location.
4. The height of any replacement pole and associated antennas may not extend
more than ten (10) feet above the height of the existing pole or the minimum additional
height necessary; provided that the height of the replacement pole cannot be extended
further by additional antenna height.
5. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on wooden poles shall
conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing
Page 34 of 644
255
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 10 of 16
pole or the height allowed by the definition of small wireless facility in MMC 19.02.020,
whichever is greater, unless a further height increase is required and confirmed in writing
by the pole owner and that such height extension is the minimum extension possible to
provide sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, or the height allowed
by the definition of small wireless facility in MMC 19.02.020, whichever is greater unless
a further height increase is required and confirmed in writing by the pole owner and that
such height increase is the minimum extension possible to provide sufficient separation
and/or clearance from electrical and wireline facilities.
(a) A “pole extender” as used herein is an object affixed between the pole
and the antenna for the purpose of increasing the height of the antenna above
the pole. The pole extender shall be painted to approximately match the color of
the pole and shall substantially match the diameter of the pole measured at the
top of the pole.
3. Replacement wooden poles must either appear to match or be compatible with
the approximate color and materials of the replaced pole or shall be the standard new
wooden pole used by the pole owner in the City.
4. To the extent technically feasible, aAntennas, equipment enclosures, and all
ancillary equipment, boxes and conduit shall be colored or painted to match the
approximate color of the surface of the wooden pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each
antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing or replacement
wooden pole, which may not exceed the height requirements described in subsection
B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed
sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to
match the pole. The canister antenna must be placed to look as if it is an extension of
the pole. In the alternative, the applicant may propose install a side mounted canister
antenna, so long as the inside edge of the antenna is no m ore than twelve (12) inches
from the surface of the wooden pole. To the extent technically feasible, aAll cables shall
be concealed either within the canister antenna or within a sleeve between the antenna
and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty-eight (28) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
Page 35 of 644
256
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 11 of 16
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. To the extent technically
feasible, aAll cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless
a further distance is technically required, and is confirmed in writing by the pole owner.
11. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment and allow reasonable expansion for future frequencies and/or technologies.
The antennas and equipment location shall be located in the following manner:
(a) Located on a pole if the total equipment enclosure is less than four fifteen
(154) cubic feet. If located on a pole, antennas and the associated equipment
enclosures (including disconnect switches and other appurtenant devices) must
be camouflaged to appear as an integral part of the pole or flush mounted to the
pole, meaning for antennas no more than twelve (12) inches off of the pole and
for associated equipment no more than six (6) inches off the pole, and must be
the minimum size necessary for the intended purpose, not to exceed the
volumetric dimensions of small wireless facilities. If the equipment enclosure is
permitted on the exterior of the pole, the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole,
provided that such location does not interfere with the operation of the banners or
signs or the equipment itself. The applicant may propose a side mounted canister
antenna, so long as the inside edge of the antenna is no more than six twelve
(126) inches from the surface of the pole. To the extent technically feasible, aAll
cables shall be concealed either within the canister antenna or within a sleeve
between the antenna and the pole.
(b) Located UUnderground in a utility vault if the total equipment enclosure is
four (4) or more cubic feet. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route. In no event shall the equipment
enclosure and all other wireless equipment associated with the pole (including
but not limited to conduit), including wireless equipment associated with the
antenna and any pre-existing associated equipment on the pole exceed twenty-
eight (28) cubic feet.
(c) On private property. If located on private property, the applicant shall
submit a copy of a letter of authority from the private property owner prior to the
small wireless facility permit issuance.
(d) Applicant may obtain approval of a lower-ranked priority pursuant to
Subsection E(13) when compliance with the location priorities: (a) is not
technically feasible; (b) impedes the effective operation of the small wireless
facility; (c) impairs a desired network performance objective; or (d) otherwise
Commented [MP12]: See comments above.
Commented [MP13]: See comment above that this seems
misplaced.
Formatted: Indent: Hanging: 1"
Page 36 of 644
257
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 12 of 16
materially inhibits or limits the provision of wireless service. The city may also
approve a lower-ranked priority when it finds the applicant’s proposed design
provides equivalent or superior aesthetic value when compared to strict
compliance with these priorities.
13. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match or be compatible with the pole
or other equipment on the pole. The number of conduit shall be minimized to the
number technically necessary to accommodate the small wireless.
C. Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. To the extent technically feasible, sSmall wireless facilities shall utilize the
smallest mounting brackets necessary in order to provide the smallest offset from the
building.
5. To the extent technically feasible, sSkirts or shrouds shall be utilized on the sides
and bottoms of antennas in order to conceal mounting hardware, create a cleaner
appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is
prohibited.
6. To the extent technically feasible, sSmall wireless facilities shall be painted and
textured to match the adjacent building surfaces, unless otherwise technically infeasible.
7. To the extent technically feasible, sSmall wireless facilities must meet the height
requirement of the underlying zoning district.
Commented [MP14]: Standards must be objective.
Page 37 of 644
258
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 13 of 16
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop or
otherwise concealed from view.
9. If a cabinet enclosure cannot be located within the building where the small
wireless communication facilities will be located, then the City’s first preference is for the
wireless telecommunication carrier to locate the equipment on the roof of the building. If
the equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must
be consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building
then it shall be located underground consistent with subsection E(1).
D. Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
1. Each strand mounted facility shall not exceed four (4) cubic feet in volume.
2. Only one two strand mounted facilitiesy areis permitted per cable between any
two existing poles.
3. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
4. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic.
5. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets or required by a third-
party service provider (such as an electric meter).
6. Pole mounted equipment shall comply with the requirements of subsections A
and B above.
7. Such strand mounted devices must be installed to cause the least visual impact,
be outside the view of a single family residence, and without excess exterior cabling or
wires (other than the original strand).
8. Strand mounted facilities are prohibited on non-wooden poles, unless the existing
pole has pre-existing communication wirelines.
E. General requirements.
1. Ground mounted equipment in the rights of way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights of way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
Page 38 of 644
259
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 14 of 16
8.06 MMC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant’s ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, city
ordinance, and state and federal laws and regulations in order to provide a clear and
safe passage within the rights-of-way. Further, the location of any replacement or new
pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health or safety.
5. To the extent feasible, rReplacement poles shall be located no more than five (5)
feet from the existing pole with the requirement to remove the abandoned pole.
6. No signage, message or identification other than the manufacturer’s
identification, or safety signage required by applicable law, regulations and safety
standards, and identifyingication informationrequired by governing law is allowed to be
portrayed on any antenna or equipment enclosure. Any permitted signage shall be
located on the equipment enclosures or as otherwise required by law and be of the
minimum amount possible to achieve the intended purpose (no larger than 4x6
inchesneeded to meet applicable law, regulations, and standards); provided that, signs
are permitted as concealment element techniques where appropriate.
7. 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.
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non-wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached. Antennas,
equipment enclosures, and ancillary equipment, conduit and cable is encouraged to be
integrated within the pole when technically feasible.
11. Except for locations in the right-of-way or within access easements on private
property within property owner permission, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way in when assessing proposed siting locations
so as to not adversely affect the visual character of the City. This provision shall not be
applied to limit the number of permits issued when no alternative sites are reasonably
Page 39 of 644
260
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 15 of 16
available nor to impose a technological requirement on the applicant.
13. 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 effectively prohibit the applicant from providing a wireless service,
alternative forms of concealment or deployment may be permitted which provide similar
or greater protections from negative visual impacts to the streetscape.
20.38.080 New poles for small wireless facilities or for deployments in Design Zones.
A. New poles or structures for small wireless facilities or for installations of small wireless
facilities in a Design Zone are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole or, electrical transmission tower or on a site outside of the public rights-of-
way or access easement such as public property, a building, a transmission tower, or in
or on a non-residential use in a residential zone whether by roof or panel-mount or
separate structure;
2. The proposed small wireless facility complies with the applicable requirements of
MMC 20.38.070(E);
3. The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.080(C) below;
4. For access easements, the property owner has given written permission for the
placement of a new pole within the access easement in such a manner so as to not
frustrate the purpose of the easement or create any access or safety issue and sh all be
in compliance with all land use regulations such as, but not limited to, setback
requirements;
5. The proposed small wireless facility also complies with Shoreline Management
Act, and SEPA, if applicable; and
6. Any new pole shall be installed at the point closestas close as is feasible to the
side property line so as to not minimize impacts on the property’s view; and
7. No new poles shall be located in a critical area or associated buffer required by
the City’s Critical Areas Management ordinance (Title 20.50MC), except when
determined to be exempt pursuant to said ordinance.
B. An application for a new pole or deployment in a Design Zone is subject to written
recommendation by the Director, and approval or denial by the Hearing Examiner.
C. The concealment element design shall include the design of the screening, fencing or
other concealment technology for a tower, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed small wireless facility,
including but not limited to fiber and power connections.
Commented [MP15]: See comments above.
Page 40 of 644
261
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 16 of 16
1. The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights of way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
replacement pole in a Design Zone, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the development services department
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic
the design of such pole and integrate the small wireless facility into the design of the
decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the
appearance thereof - as the surface against which the installation will be seen or on
which it will be installed, landscape design, or other camouflage strategies appropriate
for the type of installation. Applicants are required to utilize designs in which all conduit
and wirelines are installed internally in the structure, to the extent technically feasible.
2. If the Director or Hearing Examiner has already approved a concealment element
design either for the applicant or another small wireless facility along the same public
right-of-way, if applicable, or for the same pole type, then the applicant shall utilize a
substantially similar concealment element design, unless it can show that such
concealment element design is not physically or technologically feasible, or that such
deployment would undermine the generally applicable design standards.
D. Even if an alternative location is established pursuant to 20.38.080(A)(1) the Hearing
Examiner may determine that a new pole in the right-of-way is in fact a superior alternative
based on the impact to the City, the concealment element design, the City’s Comprehensive
Plan and the added benefits to the community.
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment
in the right-of-way, the applicant must obtain a site-specific agreement from the City to locate
such new pole or ground mounted equipment. This requirement also applies to replacement
poles when the replacement is necessary for the installation or attachment of small wireless
facilities, the replacement structure is higher than the replaced structure, and the overall height
of the replacement structure and the small wireless facility is more than sixty (60) feet.
F. 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 effectively prohibit
the applicant from providing a wireless service, alternative forms of concealment or deployment
may be permitted which provide similar or greater protections from negative visual impacts to
the streetscape.
Commented [MP16]: This code allows new poles for SWF
either inside or outside of the ROW.
Page 41 of 644
262
AGENDA ITEM 9.4
From:Emily F. Miner
To:Aimee Kellerman
Subject:FW: City of Medina Code
Date:Thursday, May 9, 2019 1:20:06 PM
Emily F. Miner | Associate Attorney
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
phone: 206.454.8321 | Fax 206.971.9223
eminer@omwlaw.com | www.omwlaw.com
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is
proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
From: Emily F. Miner
Sent: Monday, May 6, 2019 1:54 PM
To: Stephanie Keyser <skeyser@medina-wa.gov>; Steve Wilcox <swilcox@medina-wa.gov>; Ryan
Osada <rosada@medina-wa.gov>; Michael Sauerwein <msauerwein@medina-wa.gov>
Subject: FW: City of Medina Code
And these are the comments from Crown Castle.
Emily F. Miner | Associate Attorney
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
phone: 206.454.8321 | Fax 206.971.9223
eminer@omwlaw.com | www.omwlaw.com
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is
proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
From: Putt, Kathy <Kathy.Putt@crowncastle.com>
Sent: Monday, April 29, 2019 2:42 PM
To: Emily F. Miner <eminer@omwlaw.com>
Cc: Gasser, Timothy <Timothy.Gasser@crowncastle.com>; Watson, Chelsea
<Chelsea.Watson@crowncastle.com>
Subject: RE: City of Medina Code
Emily, thank you for the opportunity to review the attached changes. Please find our concerns
below:
Chapter 19.02.020, Definitions – there seems to be an extra “applicant” definition embedded in the
definition of Antenna. Since there is an additional definition for applicant below, I recommend you
combine them or at least reconcile.
Page 42 of 644
263
AGENDA ITEM 9.4
19.14.020 I – Please confirm that building permit materials would only be required if facility is
located outside of the ROW.
19.14.020 J – All three subsections go above and beyond what’s needed to actually process a SWF
permit application in the ROW. We aren’t a carrier so we won’t be providing service to customers.
We can provide information relative to what’s being proposed, but to require information regarding
all other facilities in the City is ridiculous. Please modify to reflect requirements more consistent
with a ROW application.
20.37.190 E 1 – Not compliant with the FCC Order’s 10-day application completeness check.
20.38.070 A 1 - Typo in third line “mall cell”.
20.38.070 A 2 a & b and B 11(a) – only allows attachment to poles if total enclosure is < 4 cu. ft. This
limit essentially precludes anything to be attached to the outside of a pole except for 1 antenna. We
can’t vault the equipment – is ground mount an option?
20.38.070 A 2 (c) - 20” diameter for pole base mounted equipment seems small.
20.38.070 A 4 – FCC allows poles to extend 10’ taller or 15%, whichever is greater.
20.38.070 B 15 - 25% limit to diameter increase for replacement wood poles may not always be
achievable.
20.38.070 D 4 - No valid justification for this restriction, so long as WSDOT required clearances above
travelled way are met.
20.38.070 E 1 - Repeat of vaulting requirement.
20.38.070 E 1 - Subjective requirement. Who determines when a piece of equipment “dominates” a
structure.
Thank you – any questions, please don’t hesitate to reach out.
Kathy Putt
From: Emily F. Miner <eminer@omwlaw.com>
Sent: Monday, April 22, 2019 12:18 PM
To: kim.allen@wirelesspolicy.com; lindaatkins@dwt.com; sunny.ausink@wirelesspolicy.com;
JBlackwell@mobilitie.com; gregg.busch@wirelesspolicy.com; Elizabeth.Carrasquero4@t-
mobile.com; victoria.chenault@wirelesscounsel.com; cdeshazer@extenetsystems.com;
dylan.fuge1@t-mobile.com; NGarcia@mobilitie.com; Gasser, Timothy
<Timothy.Gasser@crowncastle.com>; Hans_Hechtman@cable.comcast.com;
Page 43 of 644
264
AGENDA ITEM 9.4
matthew.krause@pse.com; nick@wirelesscounsel.com <nick.limberopoulos@wirelesscounsel.com>;
clindsay@extenetsystems.com; ken.lyons@wirelesspolicy.com; meridee.pabst@wirelesspolicy.com;
brenda.palomino@sprint.com; James.prop@zayo.com; lschneider@extenetsystems.com;
Kelly.Stone@pse.com; ct1417@att.com; stuart.taubman@zayo.com; Watson, Chelsea
<Chelsea.Watson@crowncastle.com>; randy.whitehead@zayo.com; ted.gilliam@zayo.com; Putt,
Kathy <Kathy.Putt@crowncastle.com>; Devendra.Maharaj@VerizonWireless.com;
rfenton@mobilitie.com; kari.c.marino@verizon.com
Cc: Steve Wilcox <swilcox@medina-wa.gov>; Michael Sauerwein <msauerwein@medina-wa.gov>
Subject: City of Medina Code
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Greetings,
The City of Medina is revising its small wireless code. We would appreciate your comments and
feedback on the code. Please respond by April 29th. The City Council will continue its discussion on
this topic with a public hearing at its May 13th Council meeting.
Please let me know if you have any questions.
Best,
Emily F. Miner | Associate Attorney
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
phone: 206.454.8321 | Fax 206.971.9223
eminer@omwlaw.com | www.omwlaw.com
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is
proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
This email may contain confidential or privileged material. Use or disclosure of it by anyone other
than the recipient is unauthorized. If you are not an intended recipient, please delete this email.
Page 44 of 644
265
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 1 of 13
Chapter 19.02.020
Definitions
1. Amendment to MMC 19.02.020. Medina Municipal Code Section 19.02.020 is hereby
amended by the addition of the following definitions:
The following words and phrases shall have the following meanings, unless the context of t he
sentence in which they are used shall indicate otherwise:
“Access Easement” means any lane, road, avenue, driveway, etc. that is shared among one or
more residents and dedicated for private ingress and egress purposes in a legal document
which is recorded with King County Property Records;
“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15.“Applicant” means any person or entity that
applies for any authorization, franchise, lease, or permit pursuant to this title;
“Applicant” means any person or corporation submitting an application for a small wireless
facility permit.
“Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
“Cable facilities” means equipment and wiring used to transmit audio and video signals to
subscribers;
“Cable operator” means a telecommunications carrier providing or offering to provide “cable
service” within the city as that term is defined in the Cable Act;
“Cable service,” for the purpose of this title, shall have the same meaning provided by the Cable
Act;
“Cable system” means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide ca ble service
and other service to subscribers;
“City” means the city of Medina, Washington;
“City property” means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
“Collocation” means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means
Page 45 of 644
266
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 2 of 13
the mounting or installing of transmission equipment on an eligible support structure for the
purposes of transmitting and/or receiving radio frequency signals for communications purposes ;
“Council” means the city council of the city of Medina, Washington acting in its official capacity;
“Data communication” means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
“Director” means the Development Services Director or his/her designee;
“Emergency” means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
“Excess capacity” means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
“FCC” or “Federal Communications Commission” means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
“Fiber optics” means the technology of guiding and projecting light for use as a communications
medium;
“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights-of-way of the city and to also
provide telecommunications service to persons or areas in the city;
“Franchisee” means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
“Grantor” means the City of Medina acting through its City Council;
“Open video system” or “OVS” refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time-to-time;
“Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
Page 46 of 644
267
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 3 of 13
“Person” means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
“Property of franchisee” means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
“Proposal” means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
“Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and
streets but does not include:
1. State highways;
2. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec 912 and
related provisions of federal law that are not open for motor vehicle use.
“Service provider”: is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of telecommunication services;
“Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless
facility” as set forth in 47 CFR 1.6002;
“State” means the state of Washington;
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of telecommunication service
(whether on its own or comingled with other types of services);
“Surplus space” means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
“Telecommunications carrier” means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
“Telecommunications facilities” means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
Page 47 of 644
268
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 4 of 13
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
“Telecommunications provider” means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
“Telecommunications service” means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
“Telecommunications system” see “telecommunications facilities”;
“Traffic Signal Poles” means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
“Transmission equipment” means equipment that facilitates transmission for any FCC -licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but no limited to private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
“Underground facilities” means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
“Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
“Universal service” means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
“Usable space” means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
“Utility facilities” means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights-of-way of the city and used or to be used for the
purpose of providing utility or telecommunications services.;
“Utility Pole” means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
“Washington Utilities and Transportation Commission” or “WUTC” means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
Page 48 of 644
269
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 5 of 13
“Wireline” means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Page 49 of 644
270
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 6 of 13
Chapter 19.14
Small Wireless Facility Deployment
Sections:
19.14.010 Application Process.
19.14.020 Small Wireless Permit Applications.
19.14.030 Review Process.
19.14.040 Permit Requirements.
19.14.050 Modifications.
19.14.060 Consolidated Permit.
19.14.070 Testing of Small Wireless Facility Required.
19.14.080 Appeals.
19.14.090 Removal of abandoned small wireless facilities.
19.14.010 Application Process.
A. Any application for a small wireless facility both inside and outside of the right -of-way
shall comply with the application requirements for a small wireless facility permit described in
this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply
with the requirements pursuant to MMC Chapter 19.02.
B. Consistent with MMC 19.14.060 all permits, leases, and right-of-way use authorizations
necessary for the deployment of small wireless facilities and, if applicable an application for
franchise, shall be consolidated for review and a decision rendered to the full extent feasible
consistent within the presumptively timeframes established within federal and state law.
Applicants are allowed to apply for franchises or leases independently of an application for a
small wireless facility permit.
C. The City and applicant for a franchise and other permits associated with the deployment
of small wireless facilities face challenges in coordinating applicable legislative and
administrative processes under the Federal Communications Commission (FCC) regulations.
Accordingly, in order to manage its rights-of-way in a thoughtful manner which balances the
need to accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Medina has adopted this administrative process for
the deployment of small wireless facilities. Applicants are encouraged and expected to provide
all related applications in one submittal, unless they have already obtained a franchise or lease.
D. The Director is authorized to establish franchise and other application forms to gather
the information required by these ordinances from applicants and to determine the
completeness of the application process as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the public right-of-way to deploy small wireless facilities if any
portion of the applicant's facilities are to be located in the right-of-way. An applicant with
a franchise for the deployment of small wireless facilities in the City may proceed to
directly apply for a small wireless facility permit and related approvals. An applicant at its
option may utilize phased deployment.
Page 50 of 644
271
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 7 of 13
2. Small Wireless Facility Permits. The application requires specification of the
small wireless facility components and locations as further required in the small wireless
permit application described in Section 19.14.020. Prior to the issuance of a small
wireless facility permit, the applicant shall pay a permit fee in an amount as determined
by the City Council and adopted by resolution, or the actual cost s incurred by the City in
reviewing such permit application.
3. Associated Permit(s). The applicant shall attach all associated permits
requirements including but not limited to permits required under MMC 19.12, and
applications or check lists required under the Critical Areas, Shoreline or SEPA
ordinances. Applicants for deployment of small wireless facilities in City Design Zones
or for new poles shall also comply with the requirements in MMC 20.38.070.
4. Leases. An applicant who desires to attach a small wireless facility to any
structure owned by the City shall include an application for a lease as a component of its
application. Leases for the use of other public property, structures or facilities shall be
submitted to the City Council for approval.
19.14.020 Small wireless facility permit application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, adjacent lighting sewer drainage and other lines and equipment within 50
feet of the proposed project area (which the project area shall include the location of the
fiber source and power source). Further, the applicant shall include all existing and
proposed improvements related to the proposed location, including but not limited to
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50
feet from the proposed project area.
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. The construction drawings shall also include the applicant's plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to which the applicant is
Commented [KA1]: How is "project area" defined?
Page 51 of 644
272
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 8 of 13
responsible for installing such electric and fiber utilities, conduits, cables, and related
improvements. Where another party is responsible for installing such electric and fiber
utilities, conduits, cables, and related improvements, applicant's construction drawings
will include such utilities to the extent known at the time of application, but at a minimum
applicant must indicate how it expects to obtain fiber and electric service to the small
wireless facility.
4. Compliance with the aesthetic requirements of MMC 20.38.070.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. To extent that the pole or
structure is not owned by the property owner, the applicant shall demonstrate in writing that they
have authority from the property owner to install the small wireless facility on the pole or
structure. Such written approval shall include approval of the specific structure, engineering and
design standards, as well as assurances that the specific structure can withstand all required
loads, including wind and seismic loads, from the structure owner, unless the structure owner is
the City. Submission of the lease agreement between the owner and the applicant is not
required. For city-owned poles or structures, the applicant must obtain a lease from the City
prior to or concurrent with the small wireless facility permit application and must submit as part
of the application the information required in the lease for the City to evaluate the usage of a
specific pole or structure.
C. The applicant can batch multiple small wireless facility sites in one a pplication. The
applicant is encouraged to batch the small wireless facility sites within an application in a
contiguous service area.
D. Any application for a small wireless facility located in the right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether the proposed small wireless facility could be located on a street corner
rather than in the middle of a block.
2. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a small wireless facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
3. Whether the proposed small wireless facility can be screened from residential
view by choosing a pole location that is not directly in front of a window or views.
E. Any application for a small wireless facility permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter
18.04. Further, any application proposing small wireless facilities in Shoreline Management
Zones (pursuant to MMC 20.6) or in Critical Areas (pursuant to MMC 20.50) must indicate that
the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the small wireless facility will operate. If facilities which
Page 52 of 644
273
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 9 of 13
generate RF radiation necessary to the small wireless facility are to be provided by a third party,
then the small wireless facility permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless facility deployment if the applicant is using the
same small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
G. The applicant shall provide proof of FCC and other regulatory approvals required to
provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that the construction plans and final construction of the small wireless facilities
and structure or pole and foundation are designed to reasonably withstand wind and seismic
loads, or in the case of a utility owned structure, written confirmation that the pole will support
the additional loads.
I. Applicant materials required for a building permit and a right of way permit.
J. A network facility plan that includes the applicant’s plan for deployment of small wireless
facilities in the City of Medina. Information shall include the following:
1. A written description of the type of technology and type of consumer services the
carrier will provide to its customers.
2. An inventory list of the applicant’s sites and equipment location, including
existing, approved, proposed or pending, and planned.
3. A 500-scale map (1 inch equals 500 feet) of the City depicting the geographic
location and boundaries of the scope of coverage area for each small wireless facility
proposed by the applicant, and with the location of the applicant’s existing facilities
identified as well as the location of all other existing small wireless facilities and macro
facilities within the City.
K. Recognizing that small wireless facility technology is rapidly evolvi ng, the Director is
authorized to adopt and publish standards for the technological and structural safety of City -
owned structures and to formulate and publish application questions for use when an applicant
seeks to attach to City-owned structures.
L. Such other information as the Director, in his/her discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering, and aesthetic
considerations.
19.14.030 Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless permit, the City will permit
small wireless deployment on existing or replacement utility poles conforming to the
Commented [KA2]: Development of the wireless network is
based on customer need and is not subject to long term planning.
The locations required for future facilities are based on a number of
factors and data that is proprietary. The FCC Order does not permit
a city to regulate the type of technology or services a provider may
deploy. Verizon requests that this section be deleted.
Commented [KA3]: SWF's are typically deployed to add
capacity, not coverage, which does not show up on a typical
coverage map. The coverage area for macro sites has been deleted
from MMC 20.37 and SWF requirements should not be more
stringent than those required for macros.
Page 53 of 644
274
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 10 of 13
City's generally applicable development and design standard adopted pursuant to
Chapter 20.38.060.
2. Vertical clearance shall be reviewed by the Director to ensure that the small
wireless facilities will not pose a hazard to other users of the rights-of-ways.
3. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic
warrants, city ordinances, and state and federal statutes and regulations in order to
provide a clear and safe passage within the rights-of-way. Further, the location of any
replacement pole or new pole must: be physically possible, cannot obstruct vehicular
or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g.,
fire hydrants, traffic control devices), and not adversely affect the public welfare,
health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
5. Small wireless facilities may not encroach onto or over private property o r
property outside of the right of way without the property owner's express written
consent.
B. Final Decision. Small wireless facilities on existing or replacement infrastructure shall be
reviewed and approved by the Director. The Director’s decision is final. Small wireless facilities
deployment in areas designated as Design Zones pursuant to Chapter 20.38.050, as well as
new non-City owned poles, and replacement poles deviating from the pole design standards
adopted pursuant to Chapter 20.38.060, are subject to a written recommendation and approval
or denial by the Hearing Examiner. The Hearing Examiner’s decision is final.
C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Chapter 20.37.190 when the modification does not defeat the
concealment elements of the small wireless facility.
D. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility permits shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Collaborative Review. The Director may require request the applicant to produce a
representative to collaboratively review application materials with City staff up to one time per
week during the course of the City’s review. The required applicant representative may include
an engineer and/or a siting specialist with sufficient understanding of the project to
knowledgeably address questions or concerns the City may have on the application. The City
must provide seven (7) days’ notice to applicant of the date, time, location, anticipated scope of
review, and requested participants for the meeting.
Commented [KA4]: The Hearing Examiner process in Medina
cannot be completed within 60 or 90 days due to the notice and
hearing time lines. Verizon suggests that all SWF applications be
subject to administrative review, with a higher level of scrutiny for
new poles and design district deployment.
Commented [KA5]: This is not required for other land use
applications and is not required for similar infrastructure in the right
of way. The FCC Order requires that the regulations for SWF's in
the ROW be no more burdensome than those imposed on similar
infrastructure in the ROW. To the extent that this process is not
required of other ROW users, like PSE, it cannot be required for
SWF's. That said, Verizon is committed to working with the city
collaboratively and will address staff's requests for information in a
timely fashion.
Page 54 of 644
275
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 11 of 13
F. Public Notice and Informational Meeting Requirement Within 15 days of submission of a
complete application, the applicant shall provide written notification of any proposed above -
ground installation and the date, time, and place for the informational meeting to all owners of
property within five hundred (500) feet of the proposed location as part of the permit submittal.
1. The notice shall include a description of the proposed installation, including the
proposed dimensions, design, color, type of facility, proposed location, identification of
alternative locations that would meet project objectives, and the date of the informational
meeting. In lieu of providing all of this information as part of the notice, the applicant may
produce a webpage containing this information and direct residents to its location.
2. A rendering of the proposed facility shall be included in the notification.
3. The applicant shall provide the City with a distribution list of property owners and
a copy of the materials distributed.
2. The applicant shall hold an informational meeting for the public within 30 days of
submission of a complete application. These informational meetings are for the public’s
information and are neither hearings nor part of any land use appeal process.
G. Withdrawal. Any applicant may withdraw an application submitted pursuant to 19.14.020
at any time, provided the withdrawal is in writing and signed by all persons who signed the
original application or their successors in interest. When a withdrawal is received, the
application shall be deemed null and void. If such withdrawal occurs prior to the Director’s
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall
be no refund of all or any portion of such fee.
H. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to 19.14.020 by the Director within sixty (60) days of notice by the Director
shall be deemed a denial of that application, unless an extension period has been approve d by
the Director.
19.14.040 Permit Requirements.
A. The permit holder shall comply with all of the requirements within the small wireless
permit.
B. Post-Construction As-Builts. Within sixty (60) days after construction of the small
wireless facility, the permit holder shall provide the City with as-builts of the small wireless
facilities demonstrating compliance with the permit and site photographs.
C. Permit Time Limit. Construction of the small wireless facility must be completed within
twelve (12) months after the approval date by the City. The permit holder may request one (1)
extension to be limited to six (6) months, if the permit holder cannot construct the small wireless
facility within the original twelve (12) month period.
D. Site Safety and Maintenance. The permit holder must maintain the small wireless
facilities in safe and working condition. The permit holder shall be responsible for the removal
Commented [KA6]: See previous comment. This requirement is
also excessive in the 500 foot radius relative to the small visual
impact of SWF's.
Page 55 of 644
276
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 12 of 13
of any graffiti or other vandalism and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
E. Operational Activity. The permit holder shall commence operation of the small wireless
facility no later than six (6) months after installation.
19.14.050 Modifications to small wireless facilities
A. If a small wireless facility permit holder desires to make a modification to an existing
small wireless facility, including but not limited to expanding or changing the antenna type,
increasing the equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, then the applicant shall apply for a small
wireless facility permit or eligible facilities requires as may be required by MMC 20.37.190.
B. A small wireless facility permit shall not be required for routine maintenance and repair
of a small wireless facility within the rights-of-way, or the replacement of an antenna or
equipment of similar size, weight, and height, provided that such replacement does not defeat
the concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.04 MC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless facility permit grants authority to construct small
wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most
situations, to avoid the need to seek duplicative approval by both the public w orks and the
development services department. If the applicant requires a new franchise to utilize the right-
of-way, the franchise approval shall be consolidated with the small wireless facility permit review
if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2),
the small wireless facility permit is not a right -of-way use permit, but instead a consolidated
public works and land use permit and the issuance of a small wireless facility permit shall be
governed by the time limits established by federal law for small wireless facilities.
B. The general standards applicable to the use of the rights-of-way described in 19.04 and
19.06 MMC shall apply to all small wireless facility permits.
19.14.070 Testing of Small Wireless Facilities Required.
A. Each permitted small wireless facility permit holder shall conduct annual tests, at the
permit holder’s expense, necessary to establish the level of radio frequency radiation created by
the small wireless facility when a site is modified. The purpose of this testing is to validate that
the radio frequency radiation is in compliance with the FCC’s regulations and standards.
B. The permit holder shall test the small wireless facility annually to measure the radio
frequency radiation created by the small wireless communication facilities to ensure compliance
with the FCC’s regulations and standards.
Commented [KA7]: Small wireless facilities operate at a small
fraction of the FCC limits for RF exposure and a small fraction of
the output from macro facilities. To the extent that the site continues
to deploy the original equipment and antennas, there is no reason
that the RF output would change and no need for annual testing.
This proposed annual testing is also more stringent than that required
for macro facilities with higher RF output. Verizon suggests that
this requirement be changed to require testing upon site
modification.
Commented [KA8]: This requirement is already covered in
Section A.
Page 56 of 644
277
AGENDA ITEM 9.4
City of Medina, Draft of MMC 19.14
{EFM1861163.DOC;2/05708.000009/ } Page 13 of 13
BC. All such tests required by this section shall be performed and certified by a licensed
electrical engineer, or by a person with equivalent capabilities approved by the City Engineer.
D. Copies of each and every radio frequency radiation test shall be submitted to the City
Engineer on the first day of the month following the month in which the test is performed.
E. If at any time a radio frequency radiation test shows that the radio frequency radiation
emanating from a small wireless facility exceeds the standards established by the FCC, the
permit holder shall immediately notify the City and shall take any and all action to remediate the
problem as required by the FCC. The small wireless facility shall not be reconnected until the
permit holder demonstrates compliance with the FCC requirements.
19.14.080 Appeals.
Small wireless facilities permit decisions including decisions made by the Director or the
Hearing Examiner are final decisions appealable to the King County Superior Court. Applicant
may proceed forward with a permitted project that has been appealed at applicant’s own risk
and subject to any subsequent court decision that may impact applicant’s ability to install such
facilities.
19.14.090 Removal of abandoned small wireless facilities.
A. Any small wireless facility that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing the application for a continuous period of
12 months shall be considered abandoned.
B. The wireless telecommunication carrier of such abandoned small wireless facility shall
remove the same within 90 days of receipt of a notice from the City notifying the owner or
operator of such abandonment.
C. Whenever a facility is abandoned or ceases operation, the entire facility shall be
removed, including, but not limited to, all antennas, antenna supports, feeder lines, base
stations, electronic equipment, and the pole upon which the small wireless facility is located,
unless the City determines that such pole shall remain.
D. Failure to remove such an abandoned facility shall result in declaring the small wireless
facility a public nuisance. If there are two or more users of a single pole, then this section shall
not become effective until all users cease using the pole.
Page 57 of 644
278
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 1 of 15
Chapter 20.12
Definitions
1. Amendment to MMC 20.12.040. Medina Municipal Code Section 20.12.040 is hereby
amended by the removal of the definition for “coverage gap”:
“Coverage gap” means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
2. Amendment to MMC 20.12.200. Medina Municipal Code Section 20.12.200 is hereby
amended by the removal of the definition for “significant gap in service coverage”:
“Significant gap in service coverage” means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection
to the national telephone network through a telecommunication carrier’s wireless
communication network. A “dead spot” (defined as small areas within a service area
where the field strength is lower than the minimum level for reliable service) does not
constitute a significant gap in services.
Chapter 20.37
Wireless Communication Facilities
1. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.030 regarding
applicability is hereby amended by the addition of section (c) as follows:
C. See Chapter 19.02.020 MMC for additional definitions for terms utilized in this
Chapter.
2. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.060(A)(1)
regarding location of wireless communication facilities is hereby amended as follows:
1. Those The southeast portions of Fairweather Nature Preserve which are is
nonforested and adjacent to the state highway right-of-way;
3. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.120(E) and (F)
regarding exceptions to the requirement for a nonadminstrative special use permit are
hereby repealed in their entirety.
4. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.130(C) is hereby
repealed in its entirety.
5. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.140 is hereby
repealed in its entirety.
6. Amendment to MMC 20.37. Medina Municipal Code Chapter 20.37 is hereby amended
by the addition of 20.37.190 – Eligible facilities request, as follows:
Page 58 of 644
279
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 2 of 15
20.37.190 Eligible facilities request
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.37.190.
B.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
Page 59 of 644
280
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 3 of 15
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of-way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights-of-way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure;
or
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
Page 60 of 644
281
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 4 of 15
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
of second or subsequent notices pursuant to the procedures identified in this sub -
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant’s request does not qualify as an Eligible Facilities Request, the
Director shall deny the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
Page 61 of 644
282
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 5 of 15
Chapter 20.38
SMALL WIRELESS FACILITIES
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Applicability.
20.38.050 Hierarchy for small wireless facility placement.
20.38.060 Design Zones for small wireless facilities.
20.38.070 Design and concealment standards for small wireless
deployments.
20.38.080 New poles for small wireless facilities or for deployments in
Design Zones.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development,
permitting, and removal of small wireless facilities. Among the purposes included are to:
A. Ensure that residents receive the best technology possible while siting the technology in
a respectful and thoughtful manner.
B. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
C. Establish objective standards for the placement of small wireless facilities.
E. Ensure that such standards allow competition and do not unreasonably discriminate
among providers of functionally equivalent services.
D. Provide clear and predictable permitting requirements for network providers and the
community.
E. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
F. Provide an opportunity for residents and interested parties to provide comment on the
proposed location and design of new small wireless facilities;
G. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
H. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for definitions of terms utilized in this Chapter.
Page 62 of 644
283
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 6 of 15
20.38.030 General provisions.
C. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
B. Small wireless facilities located outside of the public rights-of-way may be either a
primary or a secondary use. A different use of an existing structure on the same lot shall not
preclude the installation of a small wireless facility.
C. Small wireless facilities located within the public right-of-way pursuant to a valid
franchise are permitted uses in every zone of the City but still require a small wireless facility
permit pursuant to MMC 19.02.140.
20.38.040 Applicability.
A. Applicability. The placement of any small wireless facility in any location within the city is
subject to the provisions of this chapter.
B. Permit Required. Any application for a small wireless facility both inside and outside the
right-of-way shall comply with the application requirements for small wireless facility permit
described in MMC 19.14.020.
C. Lease Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located upon a city-owned structure,
or upon non-right-of-way property, which is either city-owned or city-leased, the applicant shall
be required to enter into a lease agreement with the City for the use of the city property.
D. Franchise Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located within the city’s right-of-way,
the applicant shall be required to enter into a franchise agreement, consistent with MMC
Chapter 19.02.140, with the City for the use of the city’s right-of-way and comply with the
requirements pursuant to MMC Title 19.
20.38.050 Hierarchy for small wireless facility placement.
A. The City’s preference is for applicants to deploy small wireless facilities as follows:
1. On existing or replacement wooden poles.
2. If an applicant would like to place a new metal pole, it should be placed along
84th Avenue between NE 12th Street and NE 28th Street.
3. If an applicant would like to place a pole in an undergrounded area, any new or
replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole design standards utilized within the contiguous right-of-way and
comply with the concealment standards in MMC 20.38.080.
Page 63 of 644
284
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 7 of 15
20.38.060 Design Zones for small wireless facilities.
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities:
1. Medina Park located at 7789 NW 12th Street;
2. Medina Beach Park located at 501 Evergreen Point Road;
3. Fairweather Nature Preserve (also referred to as Fairweather Nature Preserve
and Park) located at 2857 Evergreen Point Road;
4. Viewpoint Park located at Overlake Drive West and 84th Avenue NE;
5. Lake Lane Park located in the 3300 block of 78th Place NE.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones must comply with a
concealment element design described in Chapter 20.38.080. Such applications are subject to
approval or denial written recommendation by the Director. and approval or denial by the
Hearing Examiner.
20.38.070 Design and concealment standards for small wireless deployments.
Small wireless facilities whether permitted inside or outside the right-of-way shall conform to the
following design standards.
A. Small wireless facilities attached to existing or replacement non-wooden light poles or
utility poles in the right-of-way or non-wooden light poles or utility poles outside of the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the
City’s Standards, Specifics and Details Manual, the applicant shall utilize such pole
design or may request modifications to the standard pole design to accommodate its
mall cell facility without substantially changing the outward visual and aesthetic character
of the design. The applicant, upon a showing that use or modification of the standard
pole design is either technically or physically infeasible, or that the modified pole design
will not comply with the city's ADA, sidewalk clearance requirements and/or would
violate electrical or other safety standards, may deviate from the adopted standard pole
design and use the design standards as adopted in this subsection A.
2. The applicant shall minimize to the extent possible the antenna and equipment
Commented [KA1]: There is insufficient time under the 60 and
90 day shot clocks to use the hearing examiner process, and the
determination of technical infeasibility does not require the expertise
of the examiner.
Page 64 of 644
285
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 8 of 15
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. The antennas and equipment location shall be located in the following
priority order:
(a) Located on a pole. if the total equipment enclosure is less than four (4)
cubic feet. If located on a pole, antennas and the associated equipment
enclosures (including disconnect switches and other appurtenant devices) must
be camouflaged to appear as an integral part of the pole or flush mounted to the
pole, meaning for antennas no more than twelve (12) inches off of the pole and
for associated equipment no more than six (6) inches off the pole, and must be
the minimum size necessary for the intended purpose, not to exceed the
volumetric dimensions of small wireless facilities. If the equipment enclosure is
permitted on the exterior of the pole, the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole,
provided that such location does not interfere with the operation of the banners or
signs or the equipment itself. The applicant may propose a side mounted canister
antenna, so long as the inside edge of the antenna is no more than six (6) inches
from the surface of the pole. All cables shall be concealed either within the
canister antenna or within a sleeve between the antenna and the pole.
(b) Underground in a utility vault if the total equipment enclosure is four (4) or
more cubic feet. If located underground, the access lid to the equipment
enclosure shall be located outside the footprint of any pedestrian curb ramp and
shall have a nonskid surface meeting ADA requirement if located within an
existing pedestrian access route. In no event shall the equipment enclosure and
all other wireless equipment associated with the pole (including but not limited to
conduit), including wireless equipment associated with the antenna and any pre-
existing associated equipment on the pole exceed twenty-eight (28) cubic feet.
(c) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not
be more than a twenty (20) inches measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of
the pole. The pole shall comply with the requirements in subsection E.4 below
(d) On private property. If located on private property, the applicant shall
submit a copy of a letter of authority from the private property owner prior to the
small wireless facility permit issuance.
2. An antenna on top of an existing pole may not extend more than six (6) feet
above the height of the existing pole and the diameter may not exceed sixteen (16)
inches, measured at the top of the pole, unless the applicant can demonstrate that m ore
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match the
pole, and shall be shrouded or screened to blend with the pole except for canis ter
antennas which shall not require screening. All cabling and mounting hardware/brackets
Commented [KA2]: The FCC definition of SWF allows 28
cubic feet of equipment per pole. All SWF deployments will require
more than 4 CF of equipment per pole so this effectively prohibits
placement on the pole.
Commented [KA3]: It is not technically feasible to
underground SWF equipment in this rainy region due to
moisture. The equipment for a SWF produces heat which
requires a ventilated vault, which allows moisture to enter. The
moisture corrodes the sensitive radio equipment and is not
technically feasible. Undergrounding generally is also not
required for other similar infrastructure in the ROW. This
subsection violates the FCC's requirement that SWF regulation
be no more burdensome than that required for similar
infrastructure in the ROW. Verizon requests that the
requirement to underground be removed and that the
cumulative equipment volume on a pole reflect the Order's
allowance of 28 cubic feet.
Page 65 of 644
286
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 9 of 15
from the bottom of the antenna to the top of the pole shall be fully concealed and
integrated with the pole.
3. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous right-of-
way. Any replacement pole shall be placed as close to the original pole as possible, but
no more than five (5) feet from the existing pole location.
4. The height of any replacement pole may not extend more than ten (10) feet
above the height of the existing pole or the minimum additional height necessary;
provided that the height of the replacement pole cannot be extended further by
additional antenna height.
5. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on wooden poles shall
conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing
pole, unless a further height increase is required and confirmed in writing by the pole
owner and that such height extension is the minimum extension possible to provide
sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further
height increase is required and confirmed in writing by the pole owner and that such
height increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
(a) A “pole extender” as used herein is an object affixed between the pole
and the antenna for the purpose of increasing the height of the antenna above
the pole. The pole extender shall be painted to approximately match the color of
the pole and shall substantially match the diameter of the pole measured at the
top of the pole.
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the
pole owner in the City.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored or painted to match the approximate color of the surface of the wooden
pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
Page 66 of 644
287
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 10 of 15
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each
antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which
may not exceed the height requirements described in subsection B(1) above. A canister
antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches,
measured at the top of the pole, and shall be colored or painted to match the pole. The
canister antenna must be placed to look as if it is an extension of the pole. In the
alternative, the applicant may propose a side mounted canister antenna, so long as the
inside edge of the antenna is no more than twelve (12) inches from the surface of the
wooden pole. All cables shall be concealed either within the canister antenna or within a
sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty-eight (28) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless
a further distance is technically required, and is confirmed in writing by the pole owner.
11. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. The antennas and equipment location shall be located in the following
manner:
(a) Located on a pole. if the total equipment enclosure is less than four (4)
cubic feet. If located on a pole, antennas and the associated equipment
enclosures (including disconnect switches and other appurtenant devices) must
be camouflaged to appear as an integral part of the pole or flush mounted to the
pole, meaning for antennas no more than twelve (12) inches off of the pole and
for associated equipment no more than six (6) inches off the pole, and must be
the minimum size necessary for the intended purpose, not to exceed the
volumetric dimensions of small wireless facilities. If the equipment enclosure is
permitted on the exterior of the pole, the applicant is required to place the
equipment enclosure behind any banners or road signs that may be on the pole,
provided that such location does not interfere with the operation of the banners or
signs or the equipment itself. The applicant may propose a side mounted canister
antenna, so long as the inside edge of the antenna is no more than six (6) inches
from the surface of the pole. All cables shall be concealed either within the
Commented [KA4]: See previous comment.
Page 67 of 644
288
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 11 of 15
canister antenna or within a sleeve between the antenna and the pole.
(b) Underground in a utility vault if the total equipment enclosure is four (4) or
more cubic feet. If located underground, the access lid to the equipment
enclosure shall be located outside the footprint of any pedestrian curb ramp and
shall have a nonskid surface meeting ADA requirement if located within an
existing pedestrian access route. In no event shall the equipment enclosure and
all other wireless equipment associated with the pole (including but not limited to
conduit), including wireless equipment associated with the antenna and any pre-
existing associated equipment on the pole exceed twenty-eight (28) cubic feet.
13. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduit shall be minimized to the number technically necessary to accommodate the
small wireless.
C. Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent
Commented [KA5]: See comment to 20.38.070(A).
Page 68 of 644
289
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 12 of 15
building surfaces, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying
zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop.
9. If a cabinet enclosure cannot be located within the building where the wireless
communication facilities will be located, then the City’s first preference is for the wireless
telecommunication carrier to locate the equipment on the roof of the building. If the
equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must
be consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building
then it shall be located underground consistent with subsection E(1).
D. Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
1. Each strand mounted facility shall not exceed four (4) cubic feet in volume.
2. Only one strand mounted facility is permitted per cable between any two existing
poles.
3. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
4. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic.
5. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets.
6. Pole mounted equipment shall comply with the requirements of subsections A
and B above.
7. Such strand mounted devices must be installed to cause the least visual impact,
be outside the view of a single family residence, and without excess exterior cabling or
wires (other than the original strand).
8. Strand mounted facilities are prohibited on non-wooden poles, unless the existing
pole has pre-existing communication wirelines.
E. General requirements.
1. Ground mounted equipment in the rights of way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
Page 69 of 644
290
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 13 of 15
located in the rights of way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant’s ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, city
ordinance, and state and federal laws and regulations in order to provide a clear and
safe passage within the rights-of-way. Further, the location of any replacement or new
pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health or safety.
5. Replacement poles shall be located no more than five (5) feet from the existing
pole with the requirement to remove the abandoned pole.
6. No signage, message or identification other than the manufacturer’s identification
or identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no
larger than 4x6 inches); provided that, signs are permitted as concealment element
techniques where appropriate.
7. 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.
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non-wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached. Antennas,
equipment enclosures, and ancillary equipment, conduit and cable is encouraged to be
integrated within the pole when technically feasible.
11. Except for locations in the right-of-way or within access easements on private
property within property owner permission, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way in when assessing proposed siting locations
so as to not adversely affect the visual character of the City. This provision shall not be
Page 70 of 644
291
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 14 of 15
applied to limit the number of permits issued when no alternative sites are reasonably
available nor to impose a technological requirement on the applicant.
13. 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 effectively prohibit the applicant from providing a wireless service,
alternative forms of concealment or deployment may be permitted which provide similar
or greater protections from negative visual impacts to the streetscape.
20.38.080 New poles for small wireless facilities or for deployments in Design Zones.
A. New poles or structures for small wireless facilities or for installations of small wireless
facilities in a Design Zone are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole, electrical transmission tower or on a site outside of the public rights-of-way
or access easement such as public property, a building, a transmission tower, or in or on
a non-residential use in a residential zone whether by roof or panel-mount or separate
structure;
2. The proposed small wireless facility complies with the applicable requirements of
MMC 20.38.070(E);
3. The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.080(C) below;
4. For access easements, the property owner has given written permission for the
placement of a new pole within the access easement in such a manner so as to not
frustrate the purpose of the easement or create any access or safety issue and shall be
in compliance with all land use regulations such as, but not limited to, setback
requirements;
5. The proposed small wireless facility also complies with Shoreline Management
Act, and SEPA, if applicable; and
6. Any new pole shall be installed at the point closest to the side property line so as
to not impact the property’s view; and
7. No new poles shall be located in a critical area or associated buffer required by
the City’s Critical Areas Management ordinance (Title 20.50MC), except when
determined to be exempt pursuant to said ordinance.
B. An application for a new pole or deployment in a Design Zone is subject to written
recommendation approval or denial by the Director, and approval or denial by the Hearing
Examiner..
C. The concealment element design shall include the design of the screening, fencing or
other concealment technology for a tower, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed small wireless facility,
Commented [KA6]: The Hearing Examiner process is too
lengthy to be completed within the 60 or 90 day shotclocks.
Page 71 of 644
292
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
{EFM1905139.DOC;2/05708.000009/ } Page 15 of 15
including but not limited to fiber and power connections.
1. The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights of way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
replacement pole in a Design Zone, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the development services department
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic
the design of such pole and integrate the small wireless facility into the design of the
decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the
appearance thereof - as the surface against which the installation will be seen or on
which it will be installed, landscape design, or other camouflage strategies appropriate
for the type of installation. Applicants are required to utilize designs in which all conduit
and wirelines are installed internally in the structure.
2. If the Director or Hearing Examiner has already approved a concealment element
design either for the applicant or another small wireless facility along the same public
right-of-way or for the same pole type, then the applicant shall utilize a substantially
similar concealment element design, unless it can show that such concealment element
design is not physically or technologically feasible, or that such deployment would
undermine the generally applicable design standards.
D. Even if an alternative location is established pursuant to 20.38.080(A)(1) the Hearing
Examiner Director may determine that a new pole in the right-of-way is in fact a superior
alternative based on the impact to the City, the concealment element design, the City’s
Comprehensive Plan and the added benefits to the community.
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment
in the right-of-way, the applicant must obtain a site-specific agreement from the City to locate
such new pole or ground mounted equipment. This requirement also applies to replacement
poles when the replacement is necessary for the installation or attachment of small wireless
facilities, the replacement structure is higher than the replaced structure, and the overall height
of the replacement structure and the small wireless facility is more than sixty (60) feet.
F. 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 effectively prohibit
the applicant from providing a wireless service, alternative forms of concealment or deployment
may be permitted which provide similar or greater protections from negative visual impacts to
the streetscape.
Page 72 of 644
293
AGENDA ITEM 9.4
ATTACHMENT A
Chapter 19.02.020
Definitions
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
“Access Easement” means any lane, road, avenue, driveway, etc. that is shared among one or
more residents and dedicated for private ingress and egress purposes in a legal document
which is recorded with King County Property Records;
“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15.
“Applicant” means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title;
“Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
“Cable facilities” means equipment and wiring used to transmit audio and video signals to
subscribers;
“Cable operator” means a telecommunications carrier providing or offering to provide “cable
service” within the city as that term is defined in the Cable Act;
“Cable service,” for the purpose of this title, shall have the same meaning provided by the Cable
Act;
“Cable system” means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
“City” means the city of Medina, Washington;
“City property” means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
“Collocation” means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means
Page 73 of 644
294
AGENDA ITEM 9.4
the mounting or installing of transmission equipment on an eligible support structure for the
purposes of transmitting and/or receiving radio frequency signals for communications purposes;
“Council” means the city council of the city of Medina, Washington acting in its official capacity;
“Data communication” means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
“Director” means the Development Services Director or his/her designee;
“Emergency” means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
“Excess capacity” means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
“FCC” or “Federal Communications Commission” means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
“Fiber optics” means the technology of guiding and projecting light for use as a communications
medium;
“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights-of-way of the city and to also
provide telecommunications service to persons or areas in the city;
“Franchisee” means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
“Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this
section, is granted by the council under this chapter and the lawful successor, transferee or
assignee of such person, firm or corporation;
“Grantor” means the City of Medina acting through its City Council;
“Light Pole” means a pole owned by the City and used primarily for light streets, parking areas,
parks or pedestrian paths;
“Open video system” or “OVS” refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time-to-time;
Page 74 of 644
295
AGENDA ITEM 9.4
“Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
“Person” means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
“Property of franchisee” means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
“Proposal” means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
“Right-of-wayPublic right-of-way” or “right-of-way” means land acquired or dedicated for public
roads and streets, but does not include state highways or land :
1. Land dedicated for roadsroad, streets , and highways not opened and not
improved for motor vehicle use by the public;
2. Structures, including poles and conduits, located within the right-of-way;
3. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec 912 and
related provisions of federal law that are not open for motor vehicle use.
“Service provider”: Is is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of personal wireless telecommunication services;
“Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless
facility” as set forth in 47 CFR 1.6002(I);
“State” means the state of Washington;
“Structure” means a pole, tower, base station, or other building, whether or not it has an existin g
antenna facility, that is used or to be used for the provision of personal wireless
telecommunication service (whether on its own or comingled with other types of services);
“Surplus space” means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
Page 75 of 644
296
AGENDA ITEM 9.4
“Telecommunications carrier” means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
“Telecommunications facilities” means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
“Telecommunications provider” means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
“Telecommunications service” means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
“Telecommunications system” see “telecommunications facilities”;
“Traffic Signal Poles” means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but not limited to private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
“Underground facilities” means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
“Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
“Universal service” means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
“Usable space” means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
“Utility facilities” means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights-of-way of the city and used or to be used for the
purpose of providing utility or telecommunications services.;
Page 76 of 644
297
AGENDA ITEM 9.4
“Utility Pole” means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
“Washington Utilities and Transportation Commission” or “WUTC” means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
“Wireline” means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Page 77 of 644
298
AGENDA ITEM 9.4
Page 78 of 644
299
AGENDA ITEM 9.4
ATTACHMENT B
Chapter 19.14
Small Wireless Facility Deployment
Sections:
19.14.010 Application Process.
19.14.020 Small wireless permit applicationWireless Permit Applications.
19.14.030 Review processProcess.
19.14.040 Permit requirementsRequirements.
19.14.050 Modifications to small wireless facilities.
19.14.060 Consolidated Permit.
19.14.070 Annual inspection for small wireless facilities required.
19.14.080 Appeals.
19.14.090 Removal of abandoned small wireless facilities.
19.14.010 Application Process.
A. Any application for a small wireless facility both inside and outside of the city’s right-of-
way shall comply with the application requirements for a small wireless facility permit described
in this chapter. For small wireless facilities inside the city right-of-way, the applicant must also
comply with the requirements pursuant to MMC Chapter 19.02.
B. Consistent with MMC 19.14.060 all permits, and leases necessary for the deployment of
small wireless facilities and, if applicable an application for franchise, shall be consolidated for
review and a decision rendered to the full extent feasible consistent within the presumptively
timeframes established within federal and state law. Applicants are allowed to apply for
franchises or leases independently of an application for a small wireless facility permit.
A.Overview. In C. The City and applicant for a franchise and other permits associated with
the deployment of small wireless facilities face challenges in coordinating applicable legislative
and administrative processes under the Federal Communications Commission (FCC)
regulations. Accordingly, in order to manage its rights-of-way in a thoughtful manner which
balances the need to accommodate new and evolving technologies with the preservation of the
natural and aesthetic environment of the City, the City of Medina has adopted this administrative
process for the deployment of small wireless facilities. The City and applicant for a franchise
and other permits associated with the deployment of small wireless facilities face challenges in
coordinating applicable legislative and administrative processes under the Federal
Communications Commission (FCC) regulations. A franchise for the use of the City’s right-of-
way is a contract which requires approval by the City Council. The small wireless permits are
issued by the Director. Applicants are encouraged and expected to provide all related
applications listed in subsection (D) for each facility in one submittal, unless they have already
obtained a franchise or lease.
B.Application ProcessD. The Director is authorized to establish franchise and other
application forms to gather the information required by these ordinances from applicants and to
Page 79 of 644
300
AGENDA ITEM 9.4
determine the completeness of the an application process as provided herein. The application
shall include Parts A, B, and C as described below.
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the public city right-of-way to deploy small wireless facilities if
any portion of the applicant's facilities are to be located in the city right-of-way. A
complete application for a franchise is designated as Part A. An applicant with a
franchise for the deployment of small wireless facilities in the City may proceed to
directly apply for a small wireless facility permit and related approvals (Parts B and C).
An applicant at its option may utilize phased deployment.
2. Small Wireless Facility Permits. Part B of the The application requires
specification of the small wireless facility components and locations as further required in
the small wireless permit application described in Section 19.14.020. Prior to the
issuance of a small wireless facility permit, the applicant shall pay a permit fee in an
amount as determined by the City Council and adopted by resolution, or the actual costs
incurred by the City in reviewing such permit application.
3. Associated Permit(s). Part C of the application The applicant shall attach all
associated permits requirements required permit applications including but not limited to
permits applications required under MMC 19.12, and applications or check lists required
under the Critical Areas, Shoreline or SEPA ordinances. Applicants for deployment of
small wireless facilities in City Design Zones or for new poles shall also comply with the
requirements in Chapter 20.38.070MMC 20.38.080.
4. Leases. An applicant who desires to attach a small wireless facility to any utility
pole or light pole structure owned by the City shall include an application for a lease as a
component of its application. The Director is authorized to approve leases in the form
approved for general use by the City Council for any utility pole or light pole in the right -
of-way. Leases for the use of other public property, structures or facilities shall be
submitted to the City Council for approval.
19.14.020 Small Wireless Permit Applicationwireless facility permit application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, adjacent lighting sewer drainage and other lines and equipment in the
rights-of-way along the proposed route;within 50 feet of the proposed project area (which
Page 80 of 644
301
AGENDA ITEM 9.4
the project area shall include the location of the fiber source and power source).
Further, the applicant shall include all existing and proposed improvements related to the
proposed location, including but not limited to poles, driveways, ADA ramps, equipment
cabinets, street trees and structures within 50 feet from the proposed project area.
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. All existing proposed improvements related to the proposed location, including
but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and
structures within 250 feet from the proposed site.
43. The construction drawings shall also include the applicant's plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to which the applicant is
responsible for installing such electric and fiber utilities, conduits, cables, and related
improvements. Where another party is responsible for installing such electric and fiber
utilities, conduits, cables, and related improvements, applicant's construction drawings
will include such utilities to the extent known at the time of application, but at a minimum
applicant must indicate how it expects to obtain fiber and electric service to the small
wireless facility.
5. If the site location includes a replacement light pole, then the applicant must
submit a photometric analysis of the roadway and sidewalk 150 feet upstream and
downstream of the existing light.
54. Compliance with the aesthetic requirements of Chapter 20.38.060MMC
20.38.070 or with MMC 20.38.080 as applicable.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. To For locations outside the
city right-of-way, to extent that the pole or structure is not owned by the property owner, the
applicant shall demonstrate in writing that they have authority from the property owner to install
the small wireless facility on the pole or structure. Such written approval shall include approval
of the specific pole, engineering and design standards, as well as assurances that the specific
pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the
City. Submission of the lease agreement between the owner and the applicant is not required.
For city-owned poles or structures, the applicant must obtain a lease from the City prior to or
concurrent with the small wireless facility permit application and must submit as part of the
application the information required in the lease for the City to evaluate the usage of a specific
pole or structure.
C. The applicant can batch multiple small wireless facility sites in one application. The
applicant is encouraged to batch the small wireless facility sites within an application when they
are proposed for approval at the same time and are in a contiguous service area or use the
same design.
Page 81 of 644
302
AGENDA ITEM 9.4
D. Any application for a small wireless facility located in the city right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether the proposed small wireless facility could be located on a street corner
rather than in the middle of a block.
21. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a small wireless facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
32. Whether the proposed small wireless facility can be screened from residential
view by choosing a pole location that is not directly in front of a window or views.
E. Any application for a small wireless facility permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter
MMC 18.04. Further, any application proposing small wireless facilities in Shoreline
Management Zones (pursuant to MMC 20.620.60) or in Critical Areas (pursuant to MMC 20.50)
must indicate that the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the Small Wireless small wireless facility will operate. If
facilities which generate RF radiation necessary to the Small Wireless small wireless facility are
to be provided by a third party, then the small wireless facility permit shall be conditioned on an
RF Certification showing the cumulative impact of the RF emissions on the entire installation.
The applicant may provide one emissions report for the entire small wireless facility deployment
if the applicant is using the same small wireless facility configuration for all installations within
that batch or may submit one emissions report for each subgroup installation identified in the
batch.
G. The applicant shall provide proof of FCC license and other regulatory approvals required
to provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that both the construction plans and final construction of the small wireless
facilities and structure or pole and foundation are designed to reasonably withstand required
loads as well as wind and seismic loads as established by the International Building Code. , or
in the case of a utility owned structure, written confirmation that the pole will support the
additional loads.
I. Applicant materials required for a building permit and a right of way permit to the extent
applicable.
I. A traffic control plan as required by MMC 19.12.
J. The applicant shall endeavor to use the quietest equipment possible and shall state the
noise levels of all equipment utilized.
Page 82 of 644
303
AGENDA ITEM 9.4
K. Pursuant to MMC 19.14.040(F), applicants shall include documentation that
demonstrates that there is a licensed provider of wireless services contractually committed to
using the proposed small wireless facility at the requested location.
J. An initial build out plan as of the date of the application that includes the applicant’s
proposed plan for deployment of small wireless facilities in the City of Medina. The city’s
preference is for the applicant to provide a two (2) year proposed build out plan. The initial build
out plan shall include the following:
1. A list of the actual and proposed locations of the applicant’s small wireless
facilities.
2. A 500-scale map (1 inch equals 500 feet) of the City depicting the geographic
location and boundaries of the actual and proposed locations of the applicant’s small
wireless facilities.
LK. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the technological and structural safety of City-
owned structures and to formulate and publish application questions for u se when an applicant
seeks to attach to City-owned structures.
L. Such other information as the Director, in his/her discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering, and aesthetic
considerations.
19.14.030 Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless permit, the City will permit
small wireless deployment on existing or replacement utility poles or other structures
conforming to the City's generally applicable development and design standard
standards adopted pursuant to Chapter 20.38.060 except as provided in subsection B
below20.38.070.
2. Vertical clearance shall be reviewed by the Director to ensure that the small
wireless facilities will not pose a hazard to other users of the rights -of-ways.
3. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic
warrants, city ordinances, and state and federal statutes and regulations in order to
provide a clear and safe passage within the rights -of-way. Further, the location of any
replacement pole or new pole must: be physically possible, cannot obstruct vehicular
or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g.,
fire hydrants, traffic control devices), and not adversely affect the public welfare,
health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
Page 83 of 644
304
AGENDA ITEM 9.4
5. Small wireless facilities may not encroach onto or over private property or
property outside of the right of way without the property owner's express written
consent.
6B. Development Services DepartmentFinal Decision. Small wireless facilities on existing ,
replacement, or new infrastructure shall be reviewed and approved by the Director. Small
wireless facilities deployment in areas designated as Design Zones pursuant to Chapter
20.38.050, as well as new non-City owned poles, or replacement poles deviating from the pole
design standards adopted pursuant to Chapter 20.38.060, are subject to review by the Hearing
ExaminerThe Director’s decision is final.
7C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Chapter 20.38.080 20.37.190 when the modification does not
defeat the concealment elements of the small wireless facility.
8D. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility permits shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
9E. Collaborative Review. The Director may require request the applicant to produce a
representative to collaboratively review application materials with City staff up to one time per
week during the course of the City’s reviewon an as needed basis. The required applicant
representative may include an engineer and/or a siting specialist with sufficient understanding of
the project to knowledgeably address questions or concerns the City may have on the
application. The City must provide seven (7) days’ notice to applicant of the date, time, location,
anticipated scope of review, and requested participants for the meeting.
10. Final Decision. Consistent with this Chapter as well as other applicable code provisions
including but not limited to MMC 20.38.060, the Director or his/her designee shall review an
application to site small wireless facilities, with the exception of new poles in the rights-of-way
which is governed by MMC 20. .38.070, for completeness and notify the Applicant consistent
with the requirements of federal and state law.
F. Public Notice and Informational Meeting Requirement. Within 15 days of submission of
a complete application, the applicant shall provide written notification for each application, or
batch applications to all property owners within five hundred (500) feet of the proposed
location(s) and notice of the informational meeting, as part of the permit submittal. Only one
informational meeting per application or batched application is required. The notice shall include
the following:
1. The date, and time for the informational meeting. All informational meetings shall
be held at Medina City Hall with at least one City staff member present.
Page 84 of 644
305
AGENDA ITEM 9.4
2. A description of the proposed installation, including the proposed dimensions,
design, color, type of facility, proposed location, identification of alternative locations that
would meet project objectives, and the date of the informational meeting. In lieu of
providing all of this information as part of the notice, the applicant may produce a
webpage containing this information and direct residents to its location.
3. A rendering of the proposed facility shall be included in the notification.
4. The applicant shall provide the City with a distribution list of property owners and
a copy of the materials distributed.
11.Public Comment. The City shall provide notice of a complete application for a small wireless
facility permit on the City’s website with a link to the application. The notice shall include an
email contact and telephone number for the applicant to answer citizen inquiries. The applicant
shall notice and hold at least one (1) the informational meeting for the public within 30 days of
filing the submission of a complete application. These informational meetings are for the public’s
information and are neither hearings nor part of any land use appeal process.
12G. Withdrawal. Any applicant may withdraw an application submitted pursuant to 19.14.020
at any time, provided the withdrawal is in writing and signed by all persons who signed the
original application or their successors in interest. When a withdrawal is received, the
application shall be deemed null and void. If such withdrawal occurs prior to the Director’s
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall
be no refund of all or any portion of such fee.
13H. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to 19.14.020 by the Director within sixty (60) days of notice by the Director
shall be deemed a denial of that application, unless an extension period has been approved by
the Director.
19.14.040 Permit Requirements.
A. The grantee of any permit holder shall comply with all of the requirements within the
small wireless permit.
B. Small wireless facilities installed pursuant to a small wireless facility permit may proceed
to install the approved small wireless facilities without the need for an additional right-of-way use
permit if construction is commenced within thirty (30) days of approval by providing email or
written notice to the Director. Facilities approved in a small wireless permit in which installation
has not commenced within thirty (30) days of the approval of a small wireless facility permit shall
apply for and be issued a right-of-way use permit to install such small wireless facilities in
accordance with the standard requirements of the City for use of the right-of-way.
CB. Post-Construction As-Builts. Within sixty (60) days after construction of the small
wireless facility, the grantee permit holder shall provide the City with as-builts of the small
wireless facilities demonstrating compliance with the permit and site photographs.
Page 85 of 644
306
AGENDA ITEM 9.4
DC. Permit Time Limit. Construction of the small wireless facility must be completed within
six (6twelve (12) months after the approval date by the City. The grantee permit holder may
request one (1) extension to be limited to three six (36) months, if the applicant permit holder
cannot construct the small wireless facility within the original six twelve (612) month period.
ED. Site Safety and Maintenance. The grantee permit holder must maintain the small
wireless facilities in safe and working condition. The grantee permit holder shall be responsible
for the removal of any graffiti or other vandalism and shall keep the site neat and orderly,
including but not limited to following any maintenance or modifications on the site.
F. Operational Activity. The grantee shall include documentation that demonstrates that
there is a licensed provider of wireless services contractually committed to using the proposed
small wireless facility at the requested location.
E. Operational Activity. The permit holder shall commence operation of the small wireless
facility no later than six (6) months after installation.
19.14.050 Modifications to small wireless facilities
A. If a grantee small wireless facility permit holder desires to make a modification to an
existing small wireless facility, including but not limited to expanding or changing the antenna
type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, then the applicant shall apply for a small
wireless facility permit or eligible facilities request as may be required by MMC 20.37.190.
B. Each small wireless facility permit holder shall conduct new RF emissions testing upon
modification of a permitted small wireless facility or if the FCC requires a new NIER report for
the activity being undertaken. The purpose of this test is to validate that the radio frequency
radiation is in compliance with the FCC’s regulations and standards.
1. All such tests required by this section shall be performed and certified by a
licensed electrical engineer, or by a person with equivalent capabilities approved by the
City Engineer.
2. Copies of each and every radio frequency radiation test shall be submitted to the
City Engineer on the first day of the month following the month in which the test is
performed.
3. If at any time a radio frequency radiation test shows that the radio frequency
radiation emanating from a small wireless facility exceeds the standards established by
the FCC, the permit holder shall immediately notify the City and shall take any and all
action to remediate the problem as required by the FCC. The small wireless facility shall
not be reconnected until the permit holder demonstrates compliance with the FCC
requirements.
B. A small wireless facility permit shall not be required for routine maintenance and repair
of a small wireless facility within the rights-of-way, or the replacement of an antenna or
Page 86 of 644
307
AGENDA ITEM 9.4
equipment of similar size, weight, and height, provided that such replacement does not defeat
the concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.04 MC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless facility permit grants authority to construct small
wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most
situations, to avoid the need to seek duplicative approval by both the public works and the
development services department. If the applicant requires a new franchise to utilize the city
right-of-way, the franchise approval shall be consolidated with the small wireless facility permit
review if requested by the applicant. As an exercise of police powers pursuant to RCW
35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a
consolidated public works and land use permit and the issuance of a small wireless facility
permit shall be governed by the time limits established by federal law for small wireless facilities.
B. To the extent they do not conflict with the requirements of this chapter, the The general
standards applicable to the use of the rights-of-way described in 19.04 and 19.06 MMC Title 19
shall apply to all small wireless facility permits.
19.14.070 Annual inspection for small wireless facilities required.
Each grantee shall conduct an annual inspection of its facilities located within the City, at the
grantee’s expense, and draft a written report of its inspection for submission to the City
Engineer. If upon inspection any problems are discovered, the report shall include a proposed
fix or correction action plan.
19.14.080 Appeals.
Small wireless facilities permit decisions are final decisions appealable to the King County
Superior Court. Applicant may proceed forward with a permitted project that has been appealed
at applicant’s own risk and subject to any subsequent court decision that may impact applicant’s
ability to install such facilities.
19.14.090 Removal of abandoned small wireless facilities.
A. Any small wireless facility that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing the application for a continuous period of
twelve (12) months shall be considered abandoned.
B. The wireless telecommunication carrier of such abandoned small wireless facility shall
remove the same within 90 days of receipt of a notice from the City notifying the owner or
operator of such abandonment.
C. Whenever a facility is abandoned or ceases operation, the entire facility shall be
Page 87 of 644
308
AGENDA ITEM 9.4
removed, including, but not limited to, all antennas, antenna supports, feeder lines, base
stations, electronic equipment, and the pole upon which the small wireless facility is located,
unless the City determines that such pole shall remain.
D. Failure to remove such an abandoned facility shall result in declaring the small wireless
facility a public nuisance. If there are two or more users of a single pole, then this section shall
not become effective until all users cease using the pole.
Page 88 of 644
309
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
ATTACHMENT C
Chapter 20.12
Definitions
1. Amendment to MMC 20.12.040. Medina Municipal Code Section 20.12.040 is hereby
amended by the removal of the definition for “coverage gap”:
“Coverage gap” means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
2. Amendment to MMC 20.12.200. Medina Municipal Code Section 20.12.200 is hereby
amended by the removal of the definition for “significant gap in service coverage”:
“Significant gap in service coverage” means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection
to the national telephone network through a telecommunication carrier’s wireless
communication network. A “dead spot” (defined as small areas within a service area
where the field strength is lower than the minimum level for reliable service) does not
constitute a significant gap in services.
Chapter 20.37
Wireless Communication Facilities
1. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.030 hereby
amended as follow by the addition of the following provision:
A. The provisions of this chapter shall apply to all new and expansion and/or
alteration of wireless communication facilities located within the boundaries of the city,
except for the following:
1. Those facilities used for the primary purpose of public safety by a public
agency, such as police, and 911 communications systems;
2. Incidental use of a support structure exempts under subsection (A)(1) of this
section by nonpublic entities for the attachment of antennas and ancillary
facilities;
3. Wireless radio utilized for emergency communications in the event of a
disaster;
4. An antenna that is designed to receive television broadcast signals;
5. An antenna for receiving and sending of amateur radio devices or HAM radios
provided the criteria in MMC 20.37.040 are satisfied;
6. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive direct broadcast satellite services, including direct-
to-home satellite services and those subject to MMC 20.32.060;
7. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services,
instructional television fixed services, and local multipoint distribution services.;
Page 89 of 644
310
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
8. Small wireless facilities as defined in MMC 19.02.020, and which are subject
to MMC. 20.38; and
9. Routine maintenance, repair, and replacement of telecommunication facilities
that does not substantially change, as defined in MMC 20.37.190(A)(6), the
eligible support structure.
2. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.030 is hereby
amended by the addition of section (C) as follows:
C. See Chapter 19.02.020 MMC for additional definitions for terms utilized in this
Chapter.
3. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.070(B)(3)(b) is
here by amended as follows:
The increase in height is the minimum necessary to avoid prohibiting or having the effect
of prohibiting the provisions of personal wireless services a significant gap in service
coverage on the SR 520 floating bridge;
4. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.080(B)(1) is
hereby amended as follows:
Either the increase in height is established by the applicant as the minimum necessary
to avoid prohibiting or having the effect of prohibiting the provisions of personal wireless
services within the City eliminate a significant gap in service coverage, or the increase in
height is established by the applicant as the minimum necessary to separate
components of the wireless communication facility from the electrical primary lines;
5. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.080(C)(6) is
hereby amended as follows:
6. The hearing examiner may approve deviations from the standards in subsections (B),
(C)(3), (4) and (5), and (E) of this section under a nonadministrative special use permit
provided the applicant can demonstrate the deviation will satisfy the following criteria:
a. Without the deviation, the telecommunications provider would be effectively
prohibited from providing telecommunication service to the City; There exists an
actual (not theoretical) significant gap in service coverage;
b. The proposed deviation will be is designed and located to remove the
significant gap in service coverage in a manner that is, in consideration of the
values, objectives, and regulations set forth in this chapter, including subsection
(C)(2) of this section, the zoning code, and the comprehensive plan, the least
intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
d. The proposed least intrusive deviation is the minimum deviation necessary to
resolve the significant gap in service coverage;
Page 90 of 644
311
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that do not prohibit or have the effect
of prohibiting the provisions of personal wireless services will allow the applicant
to resolve the significant gap in service coverage without a deviation from the
standard.
6. Amendment to MMC 20.37. The Medina Municipal Code Section 20.37.120(E) and (F)
regarding exceptions to the requirement for a nonadminstrative special use permit are
hereby repealed in their entirety.
7. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.130(C) is hereby
repealed in its entirety.
8. Amendment to MMC 20.37. Medina Municipal Code Section 20.37.140 is hereby
repealed in its entirety.
9. Amendment to MMC 20.37. Medina Municipal Code Chapter 20.37 is hereby amended
by the addition of 20.37.190 – Eligible facilities request, as follows:
20.37.190 Eligible facilities request
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.37.190.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
Page 91 of 644
312
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
2. “Collocation”: The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of -way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights-of -way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
Page 92 of 644
313
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
e. It would defeat the concealment elements of the eligible support structure;
or
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
Page 93 of 644
314
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
of second or subsequent notices pursuant to the procedures identified in this sub-
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant’s request does not qualify as an Eligible Facilities Request, the
Director shall deny the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
Page 94 of 644
315
AGENDA ITEM 9.4
Page 95 of 644
316
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
ATTACHMENT D
Chapter 20.38
SMALL WIRELESS FACILITIES
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Applicability.
20.38.050 Hierarchy for small wireless facility placement.
20.38.060 Design Zones for small wireless facilities.
20.38.070 Design and concealment standards for small wireless
deployments.
20.38.080 New poles in the rights-of-way for small wireless facilities or
installations for deployments in Design Zones.
20.38.080 Eligible facilities request.
20.38.090 Testing of small wireless facilities required.
20.38.100 Appeals.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development,
permitting, and removal of small wireless facilities. Among the purposes included are to:
A. Ensure that residents receive the best technology possible while siting the technology in
a respectful and thoughtful manner.
AB. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
BC. Establish objective standards for the placement of small wireless facilities.
CE. Ensure that such standards allow competition and do not unreasonably discriminate
among providers of functionally equivalent services.
D. Provide clear and predictable permitting requirements for network providers and the
community.
DE. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
F. Provide an opportunity for residents and interested parties to provide comment on the
proposed location and design of new small wireless facilities;
EG. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
Page 96 of 644
317
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
FH. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for additional definitions for of terms utilized in this Chapter.
A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet or
other communications through the sending and/or receiving of radio frequency signals including,
but not limited to, equipment attached to a tower, utility pole, building or other structure for the
purpose of providing wireless services.
B. “Co-location” means (1) mounting or installing an antenna facility on a pre-existing
structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna
facility on that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation”
means the mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for communications
purposes.
C. “Small wireless facility” has the same meaning as defined in 47 CFR 1.6002.
D. “Structure” means a pole, tower, base station, or other building, whether or not it has an
existing antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or comingled with other types of services).
E. “Transmission equipment” means equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services included, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
F. “Unified enclosure” means a small wireless facility providing concealment of antennas
and equipment within a single enclosure.
G. “Utility pole” means a structure designed and used primarily for the support of electrical
wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths.
20.38.030 General provisions.
A.A. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
B. Small wireless facilities located outside of the public rights-of-way may be either a
primary or a secondary useare permitted subject to a valid small wireless facility permit. A
different use of an existing structure on the same lot shall not preclude the installation of a small
wireless facility.
C. Small wireless facilities located within the public city right-of-way pursuant to a valid
franchise are permitted uses in every zone of the City but still require a small wireless facility
Page 97 of 644
318
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
permit pursuant to MMC 19.02.140.city.
20.38.040 Applicability.
A. Applicability. The placement of any small wireless facility in any location within the city is
subject to the provisions of this chapter.
B. Permit Required. Any application for a small wireless facility both inside and outside of
the city right-of-way shall comply with the application requirements for a small wireless facility
permit described in Chapter MMC 19.14.020.
C. Lease Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located upon a city-owned structure,
or upon non-right-of-way property, which is either city-owned or city-leased, the applicant shall
be required to enter into a lease agreement with the City for the use of the city property.
D. Franchise Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located within the city’s right-of-way,
the applicant shall be required to enter into a franchise agreement, consistent with MMC
Chapter 19.02.140, with the City for the use of the city’s right-of-way and comply with the
requirements pursuant to MMC Title 19.
20.38.050 Hierarchy for small wireless facility placement.
A. The City’s preference is for applicants to deploy small wireless facilities as follows:
1. On existing or replacement wooden poles.
2. If an applicant would like to place a new metal pole, it should be placed along
84th Avenue between NE 12th Street and NE 28th Street.
3. If an applicant would like to place a pole in an undergrounded area, any new or
replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole designs utilized within the contiguous right-of-way (or the City’s
preferred standard pole design, if applicable) and comply with the concealment
standards in MMC 20.38.070.
20.38.060 Design Zones for small wireless facilities.
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities: Medina Park located at 7789 NW 12th Street,
1. Medina Park located at 7789 NW 12th Street;
2. Medina Beach Park located at 501 Evergreen Point Road, and ;
3. Fairweather Nature Preserve (also referred to as Fairweather Nature Preserve
and Park) located at 2857 Evergreen Point Road, ;
4. Viewpoint Park located at Overlake Drive West and 84th Avenue NE, and ;
Page 98 of 644
319
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
A.5. Lake Lane Park located in the 3300 block of 78th Place NE.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones are subject to approval by
the Hearing Examiner and must comply with a concealment element design described in
Chapter 20.38.070 below. 20.38.080. Such applications are subject to review and approval or
denial by the Director.
20.38.06020.38.070 Design and concealment standards for small wireless deployments.
Small wireless facility deployments facilities whether permitted in the right-of way under Chapter
19.14 MMC or permitted in accordance with this chapter inside or outside the city right-of-way
shall conform to the following design standards: .
A. Small wireless facilities attached to existing or replacement non-wooden light poles and
other non-wooden poles in the right-of-way or non-wooden poles outside of the or utility poles
inside or outside the city right-of-way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the
City’s Standards, Specifics and Details Manual, the applicant shall utilize such pole
design or may request modifications to the standard pole design to accommodate its
small cell facility without substantially changing the outward visual and aesthetic
character of the design. The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible, or that the modified
pole design will not comply with the city's ADA, or sidewalk clearance requirements
and/or would violate electrical or other safety standards, may deviate from the adopted
standard pole design and use the design standards as adopted in this subsection A.
2.Enclosure Location and Dimensions The antennas and equipment shall be located
using the following methods in priority order: b.Located on a pole. If located on a pole,
antennas and associated equipment enclosures must be camouflaged to appear as an
integral part of the pole or flush mounted to the pole, meaning no more than six (6)
inches off of the pole, and shall be the minimum size necessary for the intended
purpose. The equipment enclosure and all other wireless equipment associated with the
pole. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the small wireless facility (including but not limited to conduit), including
wireless equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet. Up to fifteen 15 cubic feet of
equipment is allowed on the pole. Any equipment exceeding the fifteen 15 cubic feet
allowance shall be installed underground. The follow design criteria shall apply as
applicable depending on the location of the antenna and equipment:
Page 99 of 644
320
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than six (6) inches off the pole,
and must be the minimum size necessary for the intended purpose, not to
exceed the volumetric dimensions of small wireless facilities. If the equipment
enclosure is permitted on the exterior of the pole, the applicant is required to
place the equipment enclosure behind any banners or road signs that may be on
the pole, provided that such location does not interfere with the operation of the
banners or signs . The furthest point of any antenna or equipment enclosure
may not extend more than twenty (20) inches from the face of the pole. or the
equipment itself. The applicant may install a side mounted canister antenna, so
long as the inside edge of the antenna is no more than six (6) inches from the
surface of the pole. All cables shall be concealed either within the canister
antenna or within a sleeve between the antenna and the pole.
(b) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not
be more than a twenty (20) inches measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of
the pole. The pole shall comply with the requirements in subsection E.4 below
c.(c) Underground in a utility vault. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(d) On private property. If located on private property, the applicant shall
submit a copy of an executed easement or lease agreement with a letter of
authority from the private property owner prior to the small wireless facility permit
issuance.
2. An antenna on top of an existing pole may not extend more than six (6) feet
above the height of the existing pole and the diameter may not exceed sixteen (16)
inches, measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match the
pole, and shall be shrouded or screened to blend with the pole except for canister
antennas and 5G antennas which shall not require screening. All cabling and mounting
hardware/brackets from the bottom of the antenna to the top of the pole shall be fully
concealed and integrated with the pole.
3. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous right-of-
way, or the City’s new preferred standard pole design if applicable, and conform to the
Page 100 of 644
321
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
applicable requirements in subsection E below.
4. The height of any replacement pole and associated antennas may not extend
more than ten (10) feet above the height of the existing pole or the minimum additional
height necessary; provided that the height of the replacement pole cannot be extended
further by additional antenna height.
5. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not be
more than a 25% increase of the existing non-wooden pole measured at the base of the
pole, unless additional diameter is needed in order to conceal equipment within the base
of the pole, and shall comply with the requirements in subsection E(4) below.
6. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
7. All equipment that can be located underground shall be located underground if
technically feasible.
5. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on wooden poles inside
or outside the city right-of-way shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing
pole, unless a further height increase is required and confirmed in writing by the pole
owner and that such height extension is the minimum extension possible to provide
sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further
height increase is required and confirmed in writing by the pole owner and that such
height increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
(a) A “pole extender” as used herein is an object affixed between the pole
and the antenna for the purpose of increasing the height of the antenna above
the pole. The pole extender shall be painted to approximately match the color of
the pole and shall substantially match the diameter of the pole measured at the
top of the pole.
Page 101 of 644
322
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the
pole owner in the City, and in addition shall conform to the applicable requirements in
subsection E below.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored or painted to match the approximate color of the surface of the wooden
pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each
antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing or replacement
wooden pole, which may not exceed the height requirements described in subsection
B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed
sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to
match the pole. The canister antenna must be placed to look as if it is an extension of
the pole. In the alternative, the applicant may propose install a side mounted canister
antenna, so long as the inside edge of the antenna is no more than twelve (12) inches
from the surface of the wooden pole. All cables shall be concealed either within the
canister antenna or within a sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty -eight (2028) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless
a further distance is technically required, and is confirmed in writing by the pole owner.
11. Equipment for small wireless facilities must be attached to the wooden pole,
unless otherwise permitted to be ground mounted pursuant to subsection (E)(1). The
equipment must be placed in the smallest enclosure possible for the intended purpose.
The The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the utility polesmall wireless facility (including but not limited to conduit),
including wireless equipment associated with the antenna and any pre-existing
associated equipment on the pole, may not exceed twenty-eight (28) cubic feet. Multiple
Page 102 of 644
323
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
equipment enclosures may be acceptable if designed to more closely integrate with the
pole design and does not cumulatively exceed twenty-eight (28) cubic feet. The
applicant is encouraged Up to fifteen 15 cubic feet of equipment is allowed on the pole.
Any equipment exceeding the fifteen 15 cubic feet allowance shall be installed
underground. The follow design criteria shall apply as applicable depending on the
location of the antenna and equipment:
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than twelve (12) inches off the
pole if necessary for tilt, and must be the minimum size necessary for the
intended purpose, not to exceed the volumetric dimensions of small wireless
facilities. If the equipment enclosure is permitted on the exterior of the pole, the
applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole, provided that such location does not interfere
with the operation of the banners or signs .or the equipment itself. The applicant
may install a side mounted canister antenna, so long as the inside edge of the
antenna is no more than six (6) inches from the surface of the pole. All cables
shall be concealed either within the canister antenna or within a sleeve between
the antenna and the pole.
(b) Located Underground. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(c) Located on private property. If located on private property, the applicant
shall submit a copy of a letter of authority from the private property owner prior to
the small wireless facility permit issuance.
12. An applicant who desires to enclose both its antennas and equipment within one
unified enclosure may do so, provided that such enclosure is the minimum size
necessary for its intended purpose and the enclosure and all other wireless equipment
associated with the pole, including wireless equipment associated with the antenna and
any pre-exiting associated equipment on the pole does not exceed twenty-eight (28)
cubic feet. The unified enclosure may not be placed more than six (6) inches from the
surface of the pole, unless a further distance is required and confirmed in writing by the
pole owner. To the extent possible, the unified enclosure shall be placed so as to appear
as an integrated part of the pole or behind banners or signs, provided that such location
does not interfere with the operation of the banners or signs.
13. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
Page 103 of 644
324
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduit shall be minimized to the number technically necessary to accommodate the
small wireless.
C. Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent
building surfaces, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying
zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop or
otherwise concealed from view.
9. If a cabinet enclosure cannot be located within the building where the small
wireless facilities will be located, then the City’s first preference is for the wireless
telecommunication carrier to locate the equipment on the roof of the building. If the
equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must
be consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building
then it shall be located underground consistent with subsection E(1).
D. Small wireless facilities mounted on cables strung between existing utility poles shall
Page 104 of 644
325
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
conform to the following standards.
1. Each strand mounted facility shall not exceed three four (34) cubic feet in
volume;.
2. Only one strand mounted facility is permitted per cable between any two existing
poles; .
3. The pole must be able to support the necessary load requirements of the strand
mounted facility.
34. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
45. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic; .
56. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets; and .
67. Pole mounted equipment shall comply with the requirements of subsections A
and B above.
78. Such strand mounted devices must be installed to cause the least visual impact,
be outside the view of a single family residence, and without excess exterior cabling or
wires (other than the original strand).
89. Strand mounted facilities are prohibited on non-wooden poles, unless the existing
pole has pre-existing communication wirelines.
E. General requirements.
1. Ground mounted equipment in the rights of way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights of way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant’s ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, city
ordinance, and state and federal laws and regulations in order to provide a clear and
safe passage within the rights-of-way. Further, the location of any replacement or new
Page 105 of 644
326
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health or safety.
5. Replacement poles shall be located as near as possible to no more than five (5)
feet from the existing pole with the requirement to remove the abandoned pole.
6. No signage, message or identification other than the manufacturer’s identification
or identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures or as otherwise required by law and be of the minimum amount possible to
achieve the intended purpose (no larger than 4x6 inches)needed to meet applicable law,
regulations, and standards; provided that, signs are permitted as concealment element
techniques where appropriate.
7. 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. As feasible, lighting must be shielded to prevent direct glare
and should not be directed towards nearby properties.
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non-wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached. Antennas,
equipment enclosures, and ancillary equipment, conduit and cable is encouraged to be
integrated within the pole when technically feasible.
11. Except for locations in the city right-of-way or within access easements on private
property within property owner permission, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way in when assessing proposed siting locations
so as to not adversely affect the visual character of the City. This provision shall not be
applied to limit the number of permits issued when no alternative sites are reasonably
available nor to impose a technological requirement on the applicant.
13. 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
effectively prohibit the applicant from providing a wireless service, alternative forms of
concealment or deployment may be permitted which provide similar or greater
protections from negative visual impacts to the streetscape.
Page 106 of 644
327
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
20.38.07020.38.080 New poles in the rights-of-way for small wireless facilities or
installations for deployments in Design Zones.
A. New poles within the rights-of-way or structures for small wireless facilities or for
installations of small wireless facilities in a Design Zone are only permitted if the applicant can
establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole, electrical transmission tower or on a site outside of the public rights of way -
of-way or access easement such as a public park, public property, a building, a
transmission tower , or in or on a non-residential use in a residential zone whether by
roof or panel-mount or separate structure;
2. The proposed small wireless facility complies with the applicable requirements of
MMC 20.38.070(E);
23. The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.070(C20.38.080(C) below;
4. For access easements, the property owner has given written permission for the
placement of a new pole within the access easement in such a manner so as to not
frustrate the purpose of the easement or create any access or safety issue and shall be
in compliance with all land use regulations such as, but not limited to, setback
requirements;
35. The proposed small wireless facility also complies with Shoreline Management
Act, and SEPA, if applicable; and
46. Any new pole shall be installed at the point closest to the side property line so as
to not impact the property’s view; and
57. No new poles shall be located in a critical area or associated buffer required by
the City’s Critical Areas Management ordinance (Title 20.50MC20.50 MMC), except
when determined to be exempt pursuant to said ordinance.
6. All equipment that can be located underground shall be located underground if
technically feasible.
B. An application for a new pole or deployment in a Design Zone is subject to a review and
decision approval or denial by the Hearing ExaminerDirector.
C. The concealment element design shall include the design of the screening, fencing or
other concealment technology for a tower, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed small wireless facility,
including but not limited to fiber and power connections.
1. The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights of way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
Page 107 of 644
328
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
replacement pole in a Design Zone, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the development services department
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic
the design of such pole and integrate the small wireless facility into the design of the
decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the
appearance thereof - as the surface against which the installation will be seen or on
which it will be installed, landscape design, or other camouflage strategies appropriate
for the type of installation. Applicants are required to utilize designs in which all conduit
and wirelines are installed internally in the structure. Further, applicant designs should,
to the extent technically possible, comply with the generally applicable design standards
adopted pursuant to MMC 20.38.060.
2. If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same public city right-of-way , if
applicable, or for the same pole type, then the applicant shall utilize a substantially
similar concealment element design, unless it can show that such concealment element
design is not physically or technologically feasible, or that such deployment would
undermine the generally applicable design standards.
D. Even if an alternative location is established pursuant to 20.38.070(A)(120.38.080(A)(1)
the Director may determine that a new pole in the right-of-way is in fact a superior alternative
based on the impact to the City, the concealment element design, the City’s Comprehensive
Plan and the added benefits to the community.
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment
in the city right-of-way, the applicant must obtain a site-specific agreement from the City to
locate such new pole or ground mounted equipment. This requirement also applies to
replacement poles that are when the replacement is necessary for the installation or attachment
of small wireless facilities, the replacement structure is higher than the replaced polestructure,
and the overall height of the replacement pole structure and the proposed small wireless facility
is more than sixty (60) feet.
F. 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 effectively prohibit the applicant from providing
a wireless service, alternative forms of concealment or deployment may be permitted which
provide similar or greater protections of the street scapefrom negative visual impacts to the
streetscape.
20.38.080 Eligible Facilities Request
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.38.080.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-
Page 108 of 644
329
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
Page 109 of 644
330
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
a. For towers other than towers in the public rights-of -way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights-of -way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure;
or
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
Page 110 of 644
331
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
of second or subsequent notices pursuant to the procedures identified in this sub-
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant’s request does not qualify as an Eligible Facilities Request, the
Director shall deny the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
20.38.090 Testing of small wireless facilities required.
A. Each permitted small wireless facility permit holder shall conduct annual tests, at the
permit holder’s expense, necessary to establish the level of radio frequency radiation created by
the small wireless facility. The purpose of this testing is to ensure that the radio frequency
radiation is in compliance with the FCC’s regulations and standards.
Page 111 of 644
332
AGENDA ITEM 9.4
City of Medina, Draft of MMC Title 20
B. The annual testing is in addition to the test required pursuant to MMC 19.14.020(F).
Thereafter, the permit holder shall test the small wireless facility every April to measure the
radio frequency radiation created by the small wireless communication facilities to ensure
compliance with the FCC’s regulations and standards.
C. All such tests required by this section shall be performed by a licensed electrical
engineer, or by a person with equivalent capabilities approved by the City Engineer.
D. Copies of each and every radio frequency radiation test shall be submitted to the City
Engineer on the first day of the month following the month in which the test is performed. Such
test results shall be certified by a licensed electrical engineer. No renewal of a permit or lease
shall be granted unless the permit holder submits the test results to the City prior to the City’s
consideration of the renewal application.
E. If at any time the radio frequency radiation test shows that the radio frequency radiation
emanating from the small wireless facility exceeds the standards established by the FCC, the
permit holder shall immediately disconnect the small wireless facility and notify the City
Engineer. The small wireless facility shall not be reconnected until the permit holder
demonstrates that corrections have been completed to reduce the radio frequency radiation to
levels permitted by the FCC.
20.38.100 Appeals
Small wireless facilities permit decisions or Eligible Facilities Requests decisions made by the
Director are final decisions appealable to the Hearing Examiner within thirty (30) days of such
decision. However, decisions on request for new poles for the siting of small wireless facilities
as outlined in MMC 20.38.070 or for installations in Design Zones as outlined in MMC
20.38.050, are determined by the Hearing Examiner. Such decisions by the Hearing Examiner
are final and appealable to King County Superior Court within thirty (30) days of such decision.
The timely filing of an appeal of a wireless communication facility permit decision shall stay the
effective date of the decision until such time as the appeal is concluded or withdrawn.
Page 112 of 644
333
AGENDA ITEM 9.4
City of Medina
Wireless Communications Code
Emily Miner
206-447-7000
eminer@omwlaw.com
334
AGENDA ITEM 9.4
2
Why are we here?
•Upcoming changes in technology
•Small cells work for both 4G and
5G
•Current build-out & designs are
for 4G
•5G operates at a different
frequency and will use the
millimeter wave portion of the
spectrum
•May need to modify design
criteria in the future due to
changes in technology
•Will need additional antennas
•FCC Order
•Effective January 14, 2019
335
AGENDA ITEM 9.4
3
Process Overview
•Use of OMW template code
•Tailored for Medina
•Discussions with City Staff and Council
•Update MMC Titles 19 and 20
•Request input from Carriers
•Crown Castle
•Verizon
•AT&T
•Council review and feedback
•SEPA & GMA Review
•For MMC Title 20 Changes
336
AGENDA ITEM 9.4
4
Council Feedback
Requested Change Corresponding Code
Change
1 Encourage 5G technology MMC 20.38.070(A)(2)(a)
and 20.38.070(B)(11)
2 Update notice and informational
meeting requirements
19.14.030(F)
3 Create an initial build out plan
requirement
MMC 19.14.020(J)
4 Develop a hierarchy of pole material,
based on location
MMC 20.38.050
5 Reduce equipment enclosure size MMC 20.38.070(A)(2)(a)
and 20.38.070(B)(11)
6 Design Manual Internal staff document
7 Discussion of Fee Schedule Internal staff document
337
AGENDA ITEM 9.4
5
Ordinance Process –Next Steps
Step Status
1 Draft interim regulations Complete
2 Adopt interim regulations Complete
3 Meet with council to review interim regulations In Process
4 Amend interim regulations In Process
5 GMA review process May-June 2019
6 Public hearing and adoption process Due July 14,2019
338
AGENDA ITEM 9.4
6
Carrier Feedback
Concern Addressed
1 Revise “network facility plan” requirement Replaced with “initial buildout plan”
19.14.020(J)
2 Revise decision maker for new poles and
poles in design zones
Replaced hearing examiner
decision with Director decision
3 Revise collaborative review requirement Updated to reflect an “as needed
basis” rather than “once per week”
19.14.030(E)
4 Remove public notice and informational
meeting requirement
Clarified the noticing and meeting
requirements 19.14.030(F)
5 Remove annual testing of facilities
requirement
Replaced with “annual inspection”
and testing upon modification
19.14.070 and 19.14.050
6 Increase equipment enclosure size Increased to Bellevue standards
20.38.070(A)(2)(a) and
20.38.070(B)(11)
339
AGENDA ITEM 9.4
7
Proposed Amendments -MMC Title 19
Section Title Proposed Amendment
MMC 19.02.020 Definitions Updated definitions to reflect new terms in FCC
Order
MMC 19.14.010 Application Process Updated the application process to clarify what
permits are required and to encourage
consolidated permits for review
MMC 19.14.020 Small Wireless Permit
Application
Added additional application requirements
including an initial build out plan.
MMC 19.14.030 Review Process Revised the public notice and informational
meeting requirement; made Director final
decision-maker
MMC 19.14.040 Permit Requirements Updated requirements to extend permit time limits
and operational activity requirement
MMC 19.14.070 Testing of small wireless
facility required
Moved this requirement from 20.38 to 19.14;
revised to have an annual inspection and testing
upon modifications
MMC 19.14.080 Appeals Moved this section from 20.38 to 19.14; revised
appeal process to go straight to superior court
with no administrative hearing process
MMC 19.14.090 Removal of abandoned
small wireless facilities
Developed new section for abandoned facilities
340
AGENDA ITEM 9.4
8
Proposed Amendments –MMC 20.37
Section Title Proposed Amendment
MMC 20.37.030 Applicability Add subsection (C) to refer readers to
19.02.020 MMC for additional definitions for
terms utilized in the chapter and also clarified
what facilities are excluded from the chapter
MMC 20.37.070
and 20.37.080
Site requirements
for macro towers
Removed reference to “significant gap in
coverage test” and replaced with “effective
prohibition” test
MMC
20.37.120(E)
and (F)
Nonadminstrative
special use permit
required
Removed and replaced sections with new
MMC 20.37.190
MMC
20.37.130(C)
Application submittal
requirements
Removed reference to significant gap in
coverage test
MMC 20.37.140 Requirement to
demonstrate need
for facility
Removed reference to significant gap in
coverage test
MMC 20.37.190 Eligible Facilities
Requests
Replaces old test for EFRs; moved from 20.38
because it generally pertains to macro facilities
341
AGENDA ITEM 9.4
9
Proposed Amendments –MMC 20.38
Section Title Proposed Amendment
MMC 20.38.010 Purpose Updated purpose section to reflect
goals for the code
MMC 20.38.020 Definitions Consolidated definitions in MMC 19.02
MMC 20.38.040 Applicability Clarified what this code applies to and
the types of permits required
MMC 20.38.050 Hierarchy for small
wireless facility
placement
Created a hierarchy for placement of
small wireless facilities within the city
MMC 20.38.070 Design and
Concealment
standards
Created an option for standardize metal
pole designs; developed a hierarchy of
equipment placement based on
equipment size; increased equipment
enclosure size
MMC 20.38.080(A)New Poles Added language regarding “access
easements” to address private lanes
MMC 20.38.080(B)New Poles Replaced hearing examiner decision
with Director decision
342
AGENDA ITEM 9.4
10
15 cubic feet examples
343
AGENDA ITEM 9.4
MMC 20.38.070(A) –Nonwooden Poles
External Equipment Internal Equipment 344
AGENDA ITEM 9.4
345
AGENDA ITEM 9.4
13
MMC 20.38.070(B) –Wooden Poles
346
AGENDA ITEM 9.4
14
Fees
•Municipalities are now restricted to a reasonable
approximate of objectively reasonable costs
•Applicable to all fees paid to the municipality (ROW use
fees, street closure fees, administrative costs, etc.)
•Safe harbor thresholds (if you are under this amount the
fee is presumptively safe)
•$500 for first five applications
•$100 for each additional application
•$1,000 for new pole
•$270 for recurring fees
•Could also do an actual accounting of costs
347
AGENDA ITEM 9.4
15
Ordinance Process -Next Steps
Step Status
1 Draft interim regulations Complete
2 Adopt interim regulations Complete
3 Meet with council to review interim regulations In Process
4 Amend interim regulations In Process
5 GMA review process May-June 2019
6 Public hearing and adoption process Due July 14,2019
348
AGENDA ITEM 9.4
16
349
AGENDA ITEM 9.4
OGDEN MURPHY WALLACE
OMWLAW.COM
Emily Miner
Attorney
206-454-8321
eminer@omwlaw.com
350
AGENDA ITEM 9.4
18
351
AGENDA ITEM 9.4
Verizon
Sample
352
AGENDA ITEM 9.4
Medina City Council Regular Meeting AGENDA ITEM 6.1
Monday July 8, 2019
{EFM1965859.DOC;1/05708.000009/ }
AGENDA BILL
Subject: Public Hearing on Wireless Communication Facilities Code Amendments
Category:
Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Emily Miner, Assistant City Attorney
Summary:
City staff have prepared draft amendments to the Medina Municipal Code regulating wireless
communication facilities. The impetus for these code amendments stems from the Federal
Communication Commission’s Order that went into effect on January 14, 2019. The FCC Order
issued new rules regarding cities’ ability to regulate the deployment of small wireless facilities.
The Council adopted interim regulations on January 14, 2019 and has spent the last six months
revising and refining the interim regulations. The Council has reviewed and provided feedback
on the code over the course of three meetings. In addition, the Council has held two public
hearings to solicit and receive input from both citizens and the industry. Staff have revised the
code based on the feedback received from these meetings. Accordingly, included in the
attachments here is final version of the code. Adoption of the code will conclude the official code
amendment process.
Future steps beyond the code adoption include the development of internal administrative
documents for additional technical standards, collaborative meetings with the other Points
Communities to develop uniform design ideas, and a close watch of the litigation at the Ninth
Circuit as the legal challenge of the FCC Order continues.
Attachments:
1. Staff Report – Wireless Communication Facilities Code Update
2. Comment letter from Washington Department of Transportation
3. Ordinance No. 974
4. Ordinance No. 975
Budget/Fiscal Impact: N/A
Staff Recommendation: Approval
City Manager Approval:
Proposed Council Motion:
Approve Ordinance No. 974and Ordinance No. 975 as
presented.
Page 135 of 290
353
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 1
City of Medina – Wireless Code Update: Staff Report Page 1 of 1
MEMORANDUM
DATE: July 8, 2019
TO: Honorable Mayor and Medina City Council
FROM: Emily Miner, Assistant City Attorney
RE: Wireless Communication Facilities Code Amendments
In the fall of 2018, the Federal Communication Commission (FCC) adopted new rules regarding how cities
can regulate the deployment of small wireless communication facilities in their communities. The FCC
Order went into effect on January 14, 2019. In response, the City adopted interim regulations in order to
comply with the new FCC Order and protect the City in the event it received an application to deploy small
wireless facilities. This gave the Council six months to work through its regular legislative process to
further modify and tailor the interim regulations.
Over the last six months, Council has met three times to review the revised code amendments, and has
held two public hearings to solicit and receive public comment. Staff also met with citizens and industry
experts to obtain feedback on the proposed code. On May 13, 2019, the Council reviewed a draft
ordinance that incorporated the comments from the industry. Council requested some changes during
the May 13, 2019 meeting and those have been made and are noted in red in the ordinances attached.
Staff will also highlight these revisions during the staff presentation. The rest of the code is unchanged
since the May 13, 2019 meeting.
In addition to receiving input from the Council, citizens, and industry experts, the code also underwent
the required Growth Management Act review, including receiving approval from the Department of
Commerce (“DOC”). One comment was received during the DOC review from the Washington State
Department of Transportation, which has been addressed. In addition, the code underwent the required
State Environmental Policy Act review. A determination of non-significance was issued, and no comments
or appeals were received.
Accordingly, staff recommends approval of the code amendments as presented.
Page 136 of 290
354
AGENDA ITEM 9.4
1
Emily F. Miner
From:Stephanie Keyser <skeyser@medina-wa.gov>
Sent:Thursday, June 13, 2019 7:37 AM
To:Emily F. Miner
Subject:FW: WSDOT comments on Medina small cell wireless code update, Commerce ID #
2019-S-268
Attachments:Picture (Device Independent Bitmap) 1.jpg
Good Morning Emily,
Please see WSDOT's comment below!
Stephanie
-----Original Message-----
From: Bolotin, Leah <BolotiL@wsdot.wa.gov>
Sent: Thursday, June 13, 2019 7:35 AM
To: Stephanie Keyser <skeyser@medina-wa.gov>
Cc: Wright, Patrick <WrightP@wsdot.wa.gov>
Subject: WSDOT comments on Medina small cell wireless code update, Commerce ID #2019-S-268
Hi Stephanie,
Thank you for the opportunity to review Medina's code update. WSDOT has reviewed the proposed amendments to
Medina Municipal Code Titles 19 and 20 - Wireless Code. The WSDOT Aviation Office is asking all jurisdictions to add the
following text to their wireless communications code:
Any proposed communication tower or Small Wireless Facility requires analysis by the FAA to ensure that the structure
does not emit incompatible frequencies that could impact air navigation or air navigation facilities. This is accomplished
by submitting an FAA Form 7460-1 for analysis by the FAA. Additionally, an FAA Form 7460-1 is required for proposed
construction of any facility that can impede the operations of an airport or national airspace as required by 14 CFR Part
77<https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=61302bd90d79271a583474ad2f9dcd7e&rgn=div5&view=text&node=14:2.0.1.2.9&idno=14 >.
Please forward questions regarding the above suggested text to WSDOT Aviation & Emergency Services Planner Patrick
Wright at WrightP@wsdot.wa.gov or 360-709-8019.
Thank you,
Leah
___________________________
Leah Bolotin, AICP
Senior Planner
WSDOT Management of Mobility Division
206-440-5057
WSDOT Planning Resources<http://www.wsdot.wa.gov/planning/community/GMA.htm >
AGENDA ITEM 6.1
ATTACHMENT 2
Page 137 of 290
355
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 1 of 14
Ordinance No. 974
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING APPLICATION
REQUIREMENTS FOR SMALL WIRELESS FACILITLIES; AMENDING MMC SECTION
19.02.020; REPEALING AND REPLACING IN FULL MMC CHAPTER 19.14; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
____________________________________________________________________________
WHEREAS, the Federal Communications Commission (“FCC”) recently adopted a
Declaratory Ruling and Third Report and Order 18-133 (“FCC Order”) governing small wireless
facilities, which imposes limitations on the processing and review of all permits associated with
the deployment of small wireless facilities, including setting presumptive review periods for the
consideration of such facilities; and
WHEREAS, poles within the public rights-of-way have been identified by the FCC as a
primary resource for the deployment of small wireless facilities which are intended to increase
the density and accessibility of radio frequency signals employed by smart phones and other
wireless devices; and
WHEREAS, the FCC Order allows the City to adopt standards for the deployment of
small wireless facilities that will require utilization of a consolidated process emphasizing
administrative review in order to comply with federal presumptively reasonable time limits for
review; and
WHEREAS, the City Council finds that the existence of the federal regulations requires
the enactment of administrative procedures and processes which can comply with the FCC
Order; and
WHEREAS, on January 8, 2019, the Council adopted permitting regulations for small
wireless facilities pursuant to Ordinance No. 967 and simultaneously adopted Ordinance No.
968 which established interim aesthetic regulations and official controls for small wireless
facilities; and
WHEREAS, over the last six months, the City Council held three Council meetings, and
two public hearings to solicit and receive public testimony regarding these wireless code
amendments; and
WHEREAS, contemporaneously with the consideration of this Ordinance, the City
Council considered and enacted amendments to MMC Title 20 by adopting a new Chapter
20.38 authorizing and establishing permanent aesthetic standards for the deployment of small
wireless facilities pursuant to Ordinance No. 975 and
WHEREAS, the City Council finds that adopting the revised applications requirements
related to small wireless facilities as set forth in the sections below will further the public’s
health, safety, and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGOTN, DOES
ORDAIN AS FOLLOWS:
Page 138 of 290
356
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 2 of 14
Section 1. Findings. The City Council adopts the recitals above and further finds that this
ordinance is necessary, in conjunction with Ordinance No. 975, to address potential applications
for small wireless facilities within the presumptive safe harbor review periods prescribed by the
FCC Order.
Section 2. Amendment to MMC 19.02.020. The Medina Municipal Code Section 19.02.020 is
hereby amended as follows:
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
“Access Easement” means any lane, road, avenue, driveway, etc. that is shared among one or
more residents and dedicated for private ingress and egress purposes in a legal document
which is recorded with King County Property Records;
“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15;
“Applicant” means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title;
“Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
“Cable facilities” means equipment and wiring used to transmit audio and video signals to
subscribers;
“Cable operator” means a telecommunications carrier providing or offering to provide “cable
service” within the city as that term is defined in the Cable Act;
“Cable service,” for the purpose of this title, shall have the same meaning provided by the Cable
Act;
“Cable system” means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
“City” means the city of Medina, Washington;
“City property” means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
“Collocation” means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” means
Page 139 of 290
357
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 3 of 14
the mounting or installing of transmission equipment on an eligible support structure for the
purposes of transmitting and/or receiving radio frequency signals for communications purposes;
“Council” means the city council of the city of Medina, Washington acting in its official capacity;
“Data communication” means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
“Director” means the Development Services Director or his/her designee;
“Emergency” means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
“Excess capacity” means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
“FCC” or “Federal Communications Commission” means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
“Fiber optics” means the technology of guiding and projecting light for use as a communications
medium;
“Franchise” shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights-of-way of the city and to also
provide telecommunications service to persons or areas in the city;
“Franchisee” means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
“Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this
section, is granted by the council under this chapter and the lawful successor, transferee or
assignee of such person, firm or corporation;
“Grantor” means the City of Medina acting through its City Council;
“Light pole” means a pole owned by the city and used primarily for light streets, parking areas,
parks or pedestrian paths;
“Open video system” or “OVS” refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time-to-time;
Page 140 of 290
358
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 4 of 14
“Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
“Overhead facilities” means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
“Person” means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
“Property of franchisee” means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
“Proposal” means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
“Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and
streets but does not include:
1. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
2. Structures, including poles and conduits, located within the right-of-way;
3. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec 912 and
related provisions of federal law that are not open for motor vehicle use.
“Right-of-way” means land acquired or dedicated for public roads and streets, but does not
include state highways or land dedicated for roads, streets and highways not opened and not
improved for motor vehicle use by the public;
“Service provider”: is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of telecommunication services;
“Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless
facility” as set forth in 47 CFR 1.6002(I);
“State” means the state of Washington;
“Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of telecommunication service
(whether on its own or comingled with other types of services);
Page 141 of 290
359
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 5 of 14
“Surplus space” means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
“Telecommunications carrier” means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
“Telecommunications facilities” means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
“Telecommunications provider” means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
“Telecommunications service” means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
“Telecommunications system” see “telecommunications facilities”;
“Traffic Signal Poles” means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but not limited to private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul;
“Underground facilities” means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
“Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure;
“Universal service” means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
“Usable space” means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
“Utility facilities” means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
Page 142 of 290
360
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 6 of 14
the surface of the ground within the rights-of-way of the city and used or to be used for the
purpose of providing utility or telecommunications services.;
“Utility Pole” means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
“Washington Utilities and Transportation Commission” or “WUTC” means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
“Wireline” means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Section 3. Amendment to MMC Chapter 19.14. MMC Chapter 19.14 – Small Wireless
Deployment is hereby repealed and replaced in its entirety as follows:
MMC 19.14 – Small Wireless Facility Deployment
Sections:
19.14.010 Application process.
19.14.020 Small wireless facility permit applications.
19.14.030 Review process.
19.14.040 Permit requirements.
19.14.050 Modifications.
19.14.060 Consolidated permit.
19.14.070 Annual inspection required.
19.14.080 Appeals.
19.14.090 Removal of abandoned facilities.
19.14.010 Application process.
A. Any application for a small wireless facility both inside and outside of the city’s right-of-
way shall comply with the application requirements for a small wireless facility permit described
in this chapter. For small wireless facilities inside the city right-of-way, the applicant must also
comply with the requirements pursuant to MMC 19.12.
B. Consistent with MMC 19.14.060 all permits, and leases necessary for the deployment of
small wireless facilities and, if applicable an application for franchise, shall be consolidated for
review and a decision rendered to the full extent feasible consistent within the presumptive
timeframes established within federal and state law. Applicants are allowed to apply for
franchises or leases independently of an application for a small wireless facility permit.
C. The City and applicant for a franchise and other permits associated with the deployment
of small wireless facilities face challenges in coordinating applicable legislative and
administrative processes under the Federal Communications Commission (FCC) regulations.
Accordingly, in order to manage its rights-of-way in a thoughtful manner which balances the
need to accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Medina has adopted this administrative process for
Page 143 of 290
361
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 7 of 14
the deployment of small wireless facilities. Applicants are encouraged and expected to provide
all related applications listed in subsection (D) for each facility in one submittal, unless they
have already obtained a franchise or lease.
D. The Director is authorized to establish franchise and other application forms to gather
the information required by these ordinances from applicants and to determine the
completeness of an application as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the city right-of-way to deploy small wireless facilities if any
portion of the applicant's facilities are to be located in the City right-of-way. An applicant
with a franchise for the deployment of small wireless facilities in the City may apply
directly for a small wireless facility permit and related approvals. An applicant at its
option may utilize phased deployment.
2. Small Wireless Facility Permits. The application requires specification of the
small wireless facility components and locations as further required in the small wireless
permit application described in MMC 19.14.020. Prior to the issuance of a small wireless
facility permit, the applicant shall pay a permit fee in an amount as determined by the
City Council and adopted by resolution, or the actual costs incurred by the City in
reviewing such permit application.
3. Associated Permit(s). The applicant shall attach all associated required permit
applications including but not limited to applications required under MMC 19.12, and
applications or check lists required under the City’s Critical Areas, Shoreline or SEPA
ordinances. Applicants for deployment of small wireless facilities in City Design Zones
or for new poles shall also comply with the requirements in MMC 20.38.080.
4. Leases. An applicant who desires to attach a small wireless facility to any
structure owned by the City shall include an application for a lease as a component of its
application. Leases for the use of public property, structures, or facilities shall be
submitted to the City Council for approval.
19.14.020 Small wireless facility permit application.
The following information shall be provided by all applicants for a small wireless facility permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50
Page 144 of 290
362
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 8 of 14
feet of the proposed project area (which the project area shall include the location of the
fiber source and power source). Further, the applicant shall include all existing and
proposed improvements related to the proposed location, including but not limited to
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50
feet from the proposed project area.
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that the applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. The construction drawings shall also include the applicant's plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to which the applicant is
responsible for installing such electric and fiber utilities, conduits, cables, and related
improvements. Where another party is responsible for installing such electric and fiber
utilities, conduits, cables, and related improvements, applicant's construction drawings
shall include such utilities to the extent known at the time of application, but at a
minimum applicant must indicate how it expects to obtain fiber and electric service to the
small wireless facility.
4. Compliance with the aesthetic requirements of MMC 20.38.070 or with MMC
20.38.080 as applicable.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. For locations outside the city
right-of-way, to extent that the pole or structure is not owned by the property owner, the
applicant shall demonstrate in writing that they have authority from the property owner to install
the small wireless facility on the pole or structure. Submission of the lease agreement between
the owner and the applicant is not required. For city-owned poles or structures, the applicant
must obtain a lease from the City prior to or concurrent with the small wireless facility permit
application and must submit as part of the application the information required in the lease for
the City to evaluate the usage of a specific pole or structure.
C. The applicant can batch multiple small wireless facility sites in one application. The
applicant is encouraged to batch small wireless facility sites when they are proposed for
approval at the same time and are in a contiguous service area or use the same design.
D. Any application for a small wireless facility located in the city right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a small wireless facility exists, then the applicant shall
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
2. Whether the proposed small wireless facility can be screened from residential
view by choosing a pole location that is not directly in front of a window or views.
Page 145 of 290
363
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 9 of 14
E. Any application for a small wireless facility permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter
MMC 18.04. Further, any application proposing small wireless facilities in Shoreline
Management Zones (pursuant to MMC 20.60) or in Critical Areas (pursuant to MMC 20.50)
must indicate that the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the small wireless facility will operate. If facilities which
generate RF radiation necessary to the small wireless facility are to be provided by a third party,
then the small wireless facility permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless facility deployment if the applicant is using the
same small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
G. The applicant shall provide proof of FCC license and other regulatory approvals required
to provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that the construction plans and final construction of the small wireless facilities
and structure or pole and foundation are designed to reasonably withstand required loads as
well as wind and seismic loads, or in the case of a utility owned structure, written confirmation
that the pole will support the additional loads.
I. Applicant materials required for a building permit and a right of way permit to the extent
applicable.
J. An initial build out plan as of the date of the application that includes the applicant’s
proposed plan for deployment of small wireless facilities within the City. The city’s preference is
for the applicant to provide a two (2) year proposed build out plan. The initial build out plan shall
include the following:
1. A list of the actual and proposed locations of the applicant’s small wireless
facilities.
2. A 500-scale map (1 inch equals 500 feet) of the City depicting the geographic
location and boundaries of the actual and proposed locations of the applicant’s small
wireless facilities.
K. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the technological and structural safety of City-
owned structures and to formulate and publish application questions for use when an applicant
seeks to attach to City-owned structures.
L. Such other information as the Director, in his/her discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering, and aesthetic
considerations.
Page 146 of 290
364
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 10 of 14
19.14.030 Review process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless facility permit, the City will
permit small wireless facility on existing or replacement utility poles or other structures
conforming to the City's generally applicable development and design standards
adopted pursuant to MMC 20.38.070.
2. Vertical clearance shall be reviewed by the Director to ensure that the small
wireless facilities will not pose a hazard to other users of the rights-of-ways.
3. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic
warrants, city ordinances, and state and federal statutes and regulations in order to
provide a clear and safe passage within the rights-of-way. Further, the location of any
replacement pole or new pole must: be physically possible, cannot obstruct vehicular
or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g.,
fire hydrants, traffic control devices), and not adversely affect the public welfare,
health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
5. Small wireless facilities may not encroach onto or over private property or
property outside of the right of way without the property owner's express written
consent.
B. Final Decision. Small wireless facilities on existing replacement, or new infrastructure
shall be reviewed and approved by the Director. The Director’s decision is final.
C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in MMC 20.37.190 when the modification does not defeat the
concealment elements of the small wireless facility.
D. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC §253 and 47 USC §332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility permits shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Collaborative Review. The Director may request the applicant produce a representative
to collaboratively review application materials with City staff on an as needed basis or at least
once per week during the course of the City’s review. The required applicant representative
may include an engineer and/or a siting specialist with sufficient understanding of the project to
Page 147 of 290
365
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 11 of 14
knowledgeably address questions or concerns the City may have on the application. The City
must provide seven (7) days’ notice to applicant of the date, time, location, anticipated scope of
review, and requested participants for the meeting.
F. Public Notice and Informational Meeting Requirement. Within 15 days of submission of
a complete application, the applicant shall provide written notification for each application, or
batch applications to all property owners within five hundred (500) feet of the proposed
location(s) and notice of the informational meeting, as part of the permit submittal. Only one
informational meeting per application or batched application is required. The notice shall include
the following:
1. The date, and time for the informational meeting. All informational meetings shall
be held at Medina City Hall with at least one City staff member present.
2. A description of the proposed installation, including the proposed dimensions,
design, color, type of facility, proposed location, identification of alternative locations that
would meet project objectives, and the date of the informational meeting. In lieu of
providing all of this information as part of the notice, the applicant may produce a
webpage containing this information and direct residents to its location.
3. A rendering of the proposed facility shall be included in the notification.
4. The applicant shall provide the City with a distribution list of property owners and
a copy of the materials distributed.
The applicant shall hold the informational meeting for the public within 30 days of submission of
a complete application. These informational meetings are for the public’s information and are
neither hearings nor part of any land use appeal process.
G. Withdrawal. Any applicant may withdraw an application submitted pursuant to MMC
19.14.020 at any time, provided the withdrawal is in writing and signed by all persons who
signed the original application or their successors in interest. When a withdrawal is received,
the application shall be deemed null and void. If such withdrawal occurs prior to the Director’s
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall
be no refund of all or any portion of such fee.
H. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to MMC 19.14.020 by the Director within sixty (60) days of notice by the
Director shall be deemed a denial of that application, unless an extension period has been
approved by the Director.
19.14.040 Permit requirements.
A. The permit holder shall comply with all of the requirements within the small wireless
permit.
Page 148 of 290
366
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 12 of 14
B. Post-Construction As-Builts. Within sixty (60) days after construction of the small
wireless facility, the permit holder shall provide the City with as-builts of the small wireless
facilities demonstrating compliance with the permit and site photographs.
C. Permit Time Limit. Construction of the small wireless facility must be completed within
twelve (12) months after the approval date by the City. The permit holder may request one (1)
extension to be limited to six (6) months, if the permit holder cannot construct the small wireless
facility within the original twelve (12) month period.
D. Site Safety and Maintenance. The permit holder must maintain the small wireless
facilities in safe and working condition. The permit holder shall be responsible for the removal
of any graffiti or other vandalism and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
E. Operational Activity. The permit holder shall commence operation of the small wireless
facility no later than six (6) months after installation. The permit holder may request one (1)
extension to be limited to six months if the permit holder can show that such operational activity
is delayed due to factors outside the control of the permit holder.
F. Security. Security of the small wireless facility is an integral component of operation. The
applicant shall comply with any federal order regarding the security of its telecommunications
network.
19.14.050 Modifications.
A. If a small wireless facility permit holder desires to make a modification to an existing
small wireless facility, including but not limited to expanding or changing the antenna type,
increasing the equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, the applicant shall apply for a small
wireless facility permit or eligible facilities request as may be required by MMC 20.37.190.
B. Each small wireless facility permit holder shall conduct new RF emissions testing upon
modification of a permitted small wireless facility or if the FCC requires a new NIER report for
the activity undertaken. The purpose of this test is to validate that the RF emissions are in
compliance with the FCC’s regulations and standards.
1. All such tests required by this section shall be performed and certified by a
licensed electrical engineer, or by a person with equivalent capabilities approved by the
City Engineer.
2. Copies of each and every RF emissions test shall be submitted to the City
Engineer on the first day of the month following the month in which the test is performed.
Page 149 of 290
367
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 13 of 14
3. If at any time a RF emissions test shows that the RF emissions emanating from a
small wireless facility exceeds the standards established by the FCC, the permit holder
shall immediately notify the City and shall take any and all action to remediate the
problem as required by the FCC. The small wireless facility shall not be reconnected
until the permit holder demonstrates compliance with the FCC requirements.
C. A small wireless facility permit shall not be required for routine maintenance and repair
of a small wireless facility within the rights-of-way, or the replacement of an antenna or
equipment of similar size, weight, and height, provided that such replacement does not defeat
the concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.12 MMC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless facility permit grants authority to construct small
wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most
situations, to avoid the need to seek duplicative approval by both the public works and the
development services department. If the applicant requires a new franchise to utilize the city
right-of-way, the franchise approval shall be consolidated with the small wireless facility permit
review if requested by the applicant. As an exercise of police powers pursuant to RCW
35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a
consolidated public works and land use permit and the City will endeavor to issue small wireless
facility permit within the presumptively reasonable time limits established by federal law for
small wireless facilities.
B. The general standards applicable to the use of the rights-of-way described in MMC Title
19 shall apply to all small wireless facility permits.
19.14.070 Annual inspection for small wireless facilities required.
Each grantee shall conduct an annual inspection of its facilities located within the City, at the
grantee’s expense, and complete a written report of its inspection for submission to the City
Engineer. The report shall indicate whether the facility is operational and whether it is operating.
In addition, if the inspection reveals any problems, the report shall include a proposed fix or
correction action plan.
19.14.080 Appeals.
Small wireless facilities permit decisions are final decisions appealable to the King County
Superior Court. Applicant may proceed forward with a permitted project that has been appealed
at applicant’s own risk and subject to any subsequent court decision that may impact applicant’s
ability to install such facilities.
19.14.090 Removal of abandoned small wireless facilities.
Page 150 of 290
368
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 3
Ordinance No. 974 Page 14 of 14
A. Any small wireless facility that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing the application for a continuous period of
twelve (12) months shall be considered abandoned.
B. The telecommunication carrier of such abandoned small wireless facility shall remove
the same within 90 days of receipt of a notice from the City notifying the owner or operator of
such abandonment.
C. Whenever a facility is abandoned or ceases operation, the entire facility shall be
removed, including, but not limited to, all antennas, antenna supports, feeder lines, base
stations, electronic equipment, and the pole upon which the small wireless facility is located,
unless the City determines that such pole shall remain. Failure to remove such an abandoned
facility shall result in declaring the small wireless facility a public nuisance. If there are two or
more users of a single pole, then this subsection (C) shall not become effective until all users
cease using the pole.
Section 4. Severability. If any section, sentence, clause, or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 6. Effective Date. This ordinance shall be in full force and effective five (5) days from
the passage and published in accordance with law.
Passed by the City Council of the City of Medina and approved by the Mayor this 8th day of
July, 2019.
Cynthia Adkins, Mayor
Attested to by: Approved as to form:
Aimee Kellerman, City Clerk Scott Missall, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: / AB
Page 151 of 290
369
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 1 of 18
Ordinance No. 975
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING WIRELESS
COMMUNICATION FACILITIES; AMENDING MMC CHAPTERS 20.12 AND 20.37;
ESTABLISHING A NEW CHAPTER MMC 20.38 RELATED TO DESIGN STANDARDS FOR
SMALL WIRELESS FACILITIES; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
____________________________________________________________________________
WHEREAS, the Federal Communications Commission (“FCC”) recently adopted a
Declaratory Ruling and Third Report and Order 18-133 (“FCC Order”) governing small wireless
facilities, which imposes limitations on the processing of all permits associated with the
deployment of small wireless facilities and requires the City of Medina (“City”) to adopt aesthetic
standards for such deployments; and
WHEREAS, federal law and regulation establishes both substantive and procedural
limitations, upon local government application and development requirements applicable to
proposals for modification to an existing antenna support structure or an existing base station,
known as “eligible facility requests”; and
WHEREAS, the City Council finds that the existence of the federal regulations requires
the adoption and implementation permanent local development and zoning regulations and
review procedures that are consistent with federal laws and regulations on wireless
communication facilities, including small wireless facilities and eligible facility requests; and
WHEREAS, on January 8, 2019, pursuant to Ordinance No. 968, the City Council
adopted interim land use regulations and official controls pursuant to RCW 36.70A.390 and
RCW 35.63.200 relating to small wireless regulations; and
WHEREAS, simultaneously with the adoption of Ordinance No. 968, the City Council
adopted initial permitting procedures for small wireless facilities pursuant to Ordinance No. 967;
and
WHEREAS, over the last six months, the City Council has held three council meetings,
two public hearings, and received staff recommendations regarding revisions of the interim land
use regulations and officials controls as well as the permitting procedures for small wireless
facilities; and
WHEREAS, concurrently with the consideration of this Ordinance, the City Council
considered and enacted amendments to MMC Title 19 by adopting revised permitting
procedures for small wireless facilities pursuant to Ordinance 974; and
WHEREAS, the City Council desires to adopt the permanent land use regulations and
controls set forth in the sections below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY MEDINA, WASHINGTON DOES
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the following findings:
Page 152 of 290
370
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 2 of 18
1. This ordinance amending the City’s municipal code adopting regulations related to
wireless communication facilities imposes restrictions necessary to protect public health
and safety, while not unreasonably discriminating among providers of functionally
equivalent services nor having an effect of prohibiting personal wireless services within
the City.
2. These proposed regulations were properly sent to the Washington State Department of
Commerce for expedited review on June 11, 2019 as required by the Growth
Management Act and received approval on June 25, 2019.
3. The City issued a SEPA threshold Determination of Non-Significance for the proposed
regulations on June 13, 2019 and the comment and appeal period for the Determination
of Non-significance expired on June 27, 2019 with no comments received or appeals
filed.
4. Public hearings to solicit and receive citizen comment were held on May 13, 2019 and
July 9, 2019.
5. The requirements of MMC 20.81.040 for land use code amendments have been met.
6. As required by MMC 20.81.080, the adoption and amendment of codes in the following
sections are consistent with the Medina Comprehensive Plan, serve to advance the
public health, safety and welfare, and advances the public interest of the community.
7. The above recitals are adopted as additional findings in support of this ordinance.
Section 2. Amendment to MMC 20.12.040. Medina Municipal Code Section 20.12.040 is
hereby amended by the removal of the definition for “coverage gap”.
Section 3. Amendment to MMC 20.12.200. Medina Municipal Code Section 20.12.200 is
hereby amended by the removal of the definition for “significant gap in service coverage”.
Section 4. Amendment to MMC 20.37.030(A). The Medina Municipal Code Section
20.37.030(A) is hereby amended as follow by the addition of the following provision:
A. The provisions of this chapter shall apply to all new and expansion and/or
alteration of wireless communication facilities located within the boundaries of the city,
except for the following:
1. Those facilities used for the primary purpose of public safety by a public
agency, such as police, and 911 communications systems;
2. Incidental use of a support structure exempts under subsection (A)(1) of this
section by nonpublic entities for the attachment of antennas and ancillary
facilities;
3. Wireless radio utilized for emergency communications in the event of a
disaster;
4. An antenna that is designed to receive television broadcast signals;
5. An antenna for receiving and sending of amateur radio devices or HAM radios
provided the criteria in MMC 20.37.040 are satisfied;
6. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive direct broadcast satellite services, including direct-
to-home satellite services and those subject to MMC 20.32.060;
7. An antenna that is one meter or less in diameter or diagonal measurement,
which is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services,
instructional television fixed services, and local multipoint distribution services.;
Page 153 of 290
371
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 3 of 18
8. Small wireless facilities as defined in MMC 19.02.020, and which are subject
to Chapter 20.38 MMC; and
9. Routine maintenance, repair, and replacement of telecommunication facilities
that does not substantially change, as defined in MMC 20.37.190(A)(6), the
eligible support structure, and which are subject to MMC 20.37.190.
Section 5. Amendment to MMC 20.37.030. The Medina Municipal Code Section 20.37.030 is
hereby amended by the addition of section (C) as follows:
C. See Chapter 19.02.020 MMC for additional definitions for terms utilized in this
Chapter.
Section 6. Amendment to MMC 20.37.070. The Medina Municipal Code Section
20.37.070(B)(3)(b) is here by amended as follows:
The increase in height is the minimum necessary to avoid prohibiting or having the effect
of prohibiting the provisions of personal wireless services a significant gap in service
coverage on the SR 520 floating bridge;
Section 7. Amendment to MMC 20.37.080(B). The Medina Municipal Code Section
20.37.080(B)(1) is hereby amended as follows:
Either the increase in height is established by the applicant as the minimum necessary
to avoid prohibiting or having the effect of prohibiting the provisions of personal wireless
services within the City eliminate a significant gap in service coverage, or the increase in
height is established by the applicant as the minimum necessary to separate
components of the wireless communication facility from the electrical primary lines;
Section 8. Amendment to MMC 20.37.080(C). The Medina Municipal Code Section
20.37.080(C)(6) is hereby amended as follows:
6. The hearing examiner may approve deviations from the standards in subsections (B),
(C)(3), (4) and (5), and (E) of this section under a nonadministrative special use permit
provided the applicant can demonstrate the deviation will satisfy the following criteria:
a. Without the deviation, the telecommunications provider would be prohibited
from providing telecommunication service to the City; There exists an actual (not
theoretical) significant gap in service coverage;
b. The proposed deviation will be is designed and located to remove the
significant gap in service coverage in a manner that is, in consideration of the
values, objectives, and regulations set forth in this chapter, including subsection
(C)(2) of this section, the zoning code, and the comprehensive plan, the least
intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
d. The proposed least intrusive deviation is the minimum deviation necessary to
resolve the significant gap in service coverage;
Page 154 of 290
372
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 4 of 18
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that do not prohibit or have the effect
of prohibiting the provisions of personal wireless services will allow the applicant
to resolve the significant gap in service coverage without a deviation from the
standard.
Section 9. Amendment to MMC 20.37.120. The Medina Municipal Code Sections 20.37.120(E)
and (F) regarding exceptions to the requirement for a nonadminstrative special use permit are
hereby repealed in their entirety.
Section 10. Amendment to MMC 20.37.130. Medina Municipal Code Section 20.37.130(C) is
hereby repealed in its entirety.
Section 11. Amendment to MMC 20.37.140. Medina Municipal Code Section 20.37.140 is
hereby repealed in its entirety.
Section 12. Amendment to MMC 20.37. Medina Municipal Code Chapter 20.37 is here by
amended by the addition of new Section 20.37.190 – Eligible Facilities Requests:
A. Definitions. The following definitions shall apply to Eligible Facilities Requests only as
described in this Section 20.37.190.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application
is filed (with jurisdiction) under this section, supports or houses equipment
described in subparagraph (i) and (ii) above that has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, even if the structure was not built for the sole or
primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible
Facilities Request application is filed with the City, does not support or house
equipment described in subparagraph (1)(a) and (1)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an
Page 155 of 290
373
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 5 of 18
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure”: Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed
and approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of-way, it increases the
height of the tower by more than 10% or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed twenty (20)
feet, whichever is greater; for other eligible support structures, it increases the
height of the structure by more than 10% or more than ten (10) feet, whichever is
greater;
b. For towers other than towers in the public rights-of-way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six (6)
feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure;
or
Page 156 of 290
374
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 6 of 18
f. It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associated site.
8. “Transmission equipment”. Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form
used to consider whether an application is an Eligible Facilities Request. The application may
not require the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Director shall review such application to determine whether the
application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits
an Eligible Facilities Request application, the Director shall approve the application unless it
determines that the application is not covered by this Section 20.38.080.
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run
when the application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review
of applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within
ten (10) days that the supplemental submission did not provide the information identified
in the original notice delineating missing information. The timeframe is tolled in the case
of second or subsequent notices pursuant to the procedures identified in this sub-
Page 157 of 290
375
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 7 of 18
section. Second or subsequent notice of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant’s request does not qualify as an Eligible Facilities Request, the
Director shall deny the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed grant does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
Section 13. Amendment to MMC Title 20. Medina Municipal Code Title 20 is here by amended
as follows by the addition of new Chapter 20.38 – Small Wireless Facilities:
Sections:
20.38.010 Purpose.
20.38.020 Definitions.
20.38.030 General provisions.
20.38.040 Applicability.
20.38.050 Hierarchy for small wireless facility placement.
20.38.060 Design Zones for small wireless facilities.
20.38.070 Design and concealment standards for small wireless facility
deployments.
20.38.080 New poles for small wireless facilities in the right-of-way or for
deployments in Design Zones.
20.38.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement and development of
small wireless facilities. Among the purposes included are to:
A. Ensure that residents receive the best technology possible while siting the technology in
a respectful and thoughtful manner.
B. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
C. Establish objective standards for the placement of small wireless facilities.
E. Ensure that such standards allow competition and do not unreasonably discriminate
among providers of functionally equivalent services.
D. Provide clear and predictable permitting requirements for service providers and the
community.
E. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
Page 158 of 290
376
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 8 of 18
F. Provide an opportunity for residents and interested parties to provide comment on the
proposed location and design of new small wireless facilities;
G. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
H. Protect the public health, safety and welfare.
20.38.020 Definitions.
See Chapter 19.02.020 MMC for definitions of terms utilized in this Chapter.
20.38.030 General provisions.
A. Small wireless facilities shall not be considered nor regulated as essential public
facilities.
B. Small wireless facilities located outside of the city rights-of-way are permitted subject to
a valid small wireless facility permit. A different use of an existing structure on the same lot shall
not preclude the installation of a small wireless facility.
C. Small wireless facilities located within the city right-of-way pursuant to a valid franchise
are permitted uses in every zone of the city.
20.38.040 Applicability.
A. Applicability. The placement of any small wireless facility in any location within the city is
subject to the provisions of this chapter.
B. Permit Required. Any application for a small wireless facility both inside and outside the
city right-of-way shall comply with the application requirements for small wireless facility permit
described in MMC 19.14.020
C. Franchise Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located within the city’s right-of-way,
the applicant shall be required to enter into a franchise agreement, consistent with MMC
19.02.140, with the City for the use of the city’s right-of-way and comply with the requirements
pursuant to MMC Title 19.
D. Lease Required. In addition to the requirement of obtaining a small wireless facility
permit, if all or a portion of the small wireless facility will be located upon a city-owned structure,
or upon non-right-of-way property, which is either city-owned or city-leased, the applicant shall
be required to enter into a lease agreement with the City for the use of the city property.
20.38.050 Hierarchy for small wireless facility placement.
A. The City’s preference is for applicants to deploy small wireless facilities as follows:
Page 159 of 290
377
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 9 of 18
1. On existing or replacement wooden poles.
2. If an applicant would like to place a new metal pole, it should be placed along
84th Avenue between NE 12th Street and NE 28th Street.
3. If an applicant would like to place a pole in an undergrounded area, any new or
replacement pole shall substantially conform to the design of the pole it is replacing or
the neighboring pole designs utilized within the contiguous right-of-way (or the City’s
preferred standard pole design, if applicable) and comply with the concealment
standards in MMC 20.38.070.
20.38.060 Design Zones for small wireless facilities.
A. The following zones are designated as Design Zones for the purpose of siting small
wireless facilities:
1. Medina Park located at 7789 NW 12th Street;
2. Medina Beach Park located at 501 Evergreen Point Road;
3. Fairweather Nature Preserve (also referred to as Fairweather Nature Preserve
and Park) located at 2857 Evergreen Point Road;
4. Viewpoint Park located at Overlake Drive West and 84th Avenue NE;
5. Lake Lane Park located in the 3300 block of 78th Place NE.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones must comply with a
concealment element design described in MMC 20.38.080. Such applications are subject to
review and approval or denial by the Director.
20.38.070 Design and concealment standards for small wireless facility deployments.
Small wireless facilities whether permitted inside or outside the city right-of-way shall conform to
the following design standards.
A. Small wireless facilities attached to existing or replacement non-wooden light poles or
utility poles inside or outside the city right-of-way shall conform to the following design criteria:
1. Upon adoption of a city standard small wireless facility pole design(s) within the
City’s Standards, Specifics and Details Manual, the applicant shall utilize such pole
design or may request modifications to the standard pole design to accommodate its
small wireless facility without substantially changing the outward visual and aesthetic
Page 160 of 290
378
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 10 of 18
character of the design. The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible, or that the modified
pole design will not comply with the city's ADA, or sidewalk clearance requirements
and/or would violate electrical or other safety standards, may deviate from the adopted
standard pole design and use the design standards as adopted in this subsection A.
2. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the small wireless facility (including but not limited to conduit), including
wireless equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet. An equipment enclosure up
to fifteen (15) cubic feet, excluding the antenna, is allowed on the exterior of the pole.
Any equipment enclosures exceeding the fifteen (15) cubic feet allowance shall be
installed within the pole or underground. The follow design criteria shall apply as
applicable depending on the location of the antenna and equipment:
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than six (6) inches off the pole,
and must be the minimum size necessary for the intended purpose, not to
exceed the volumetric dimensions of small wireless facilities. If the equipment
enclosure is permitted on the exterior of the pole, the applicant is required to
place the equipment enclosure behind any banners or road signs that may be on
the pole, provided that such location does not interfere with the operation of the
banners or signs or the equipment itself. The applicant may install a side
mounted canister antenna, so long as the inside edge of the antenna is no more
than six (6) inches from the surface of the pole. All cables shall be concealed
either within the canister antenna or within a sleeve between the antenna and the
pole.
(b) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. The diameter of the pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not
be more than a twenty (20) inches measured at the base of the pole, unless
additional diameter is needed in order to conceal equipment within the base of
the pole. The pole shall comply with the requirements in subsection E(4) below
(c) Underground in a utility vault. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(d) On private property. If located on private property, the applicant shall
submit a copy of a letter of authority from the private property owner prior to the
Page 161 of 290
379
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 11 of 18
small wireless facility permit issuance.
2. An antenna on top of an existing pole may not extend more than six (6) feet
above the height of the existing pole and the diameter may not exceed sixteen (16)
inches, measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match the
pole, and shall be shrouded or screened to blend with the pole except for canister
antennas and 5G antennas which shall not require screening. All cabling and mounting
hardware/brackets from the bottom of the antenna to the top of the pole shall be fully
concealed and integrated with the pole.
3. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous right-of-
way, or the City’s new preferred standard pole design if applicable, and conform to the
applicable requirements in subsection E below.
4. The height of any replacement pole and associated antennas may not extend
more than ten (10) feet above the height of the existing pole or the minimum additional
height necessary; provided that the height of the replacement pole cannot be extended
further by additional antenna height.
5. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on wooden poles inside
or outside the city right-of-way shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the existing
pole, unless a further height increase is required and confirmed in writing by the pole
owner and that such height extension is the minimum extension possible to provide
sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further
height increase is required and confirmed in writing by the pole owner and that such
height increase is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
(a) A “pole extender” as used herein is an object affixed between the pole
and the antenna for the purpose of increasing the height of the antenna above
the pole. The pole extender shall be painted to approximately match the color of
the pole and shall substantially match the diameter of the pole measured at the
top of the pole.
Page 162 of 290
380
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 12 of 18
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the
pole owner in the City, and in addition shall conform to the applicable requirements in
subsection E below.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored or painted to match the approximate color of the surface of the wooden
pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that each
antenna shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing or replacement
wooden pole, which may not exceed the height requirements described in subsection
B(1) above. A canister antenna mounted on the top of a wooden pole shall not exceed
sixteen (16) inches, measured at the top of the pole, and shall be colored or painted to
match the pole. The canister antenna must be placed to look as if it is an extension of
the pole. In the alternative, the applicant may install a side mounted canister antenna,
so long as the inside edge of the antenna is no more than twelve (12) inches from the
surface of the wooden pole. All cables shall be concealed either within the canister
antenna or within a sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty-eight (28) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless
a further distance is technically required, and is confirmed in writing by the pole owner.
11. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. In no event shall the equipment enclosure and all other wireless equipment
associated with the small wireless facility (including but not limited to conduit), including
wireless equipment associated with the antenna and any pre-existing associated
equipment on the pole exceed twenty-eight (28) cubic feet. An equipment enclosure up
to fifteen (15) cubic feet, excluding the antenna, is allowed on the exterior of the pole.
Any equipment enclosures exceeding the fifteen (15) cubic feet allowance shall be
installed underground. The follow design criteria shall apply as applicable depending on
Page 163 of 290
381
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 13 of 18
the location of the antenna and equipment:
(a) Located on a pole. If located on a pole, antennas and the associated
equipment enclosures (including disconnect switches and other appurtenant
devices) must be camouflaged to appear as an integral part of the pole or flush
mounted to the pole, meaning for antennas no more than twelve (12) inches off
of the pole and for associated equipment no more than twelve (12) inches off the
pole if necessary for tilt, and must be the minimum size necessary for the
intended purpose, not to exceed the volumetric dimensions of small wireless
facilities. If the equipment enclosure is permitted on the exterior of the pole, the
applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole, provided that such location does not interfere
with the operation of the banners or signs or the equipment itself. The applicant
may install a side mounted canister antenna, so long as the inside edge of the
antenna is no more than six (6) inches from the surface of the pole. All cables
shall be concealed either within the canister antenna or within a sleeve between
the antenna and the pole.
(b) Located Underground. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian curb
ramp and shall have a nonskid surface meeting ADA requirement if located
within an existing pedestrian access route.
(c) Located on private property. If located on private property, the applicant
shall submit a copy of a letter of authority from the private property owner prior to
the small wireless facility permit issuance.
13. The visual effect of the small wireless facility on all other aspects of the
appearance of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small wireless facility becomes unnecessary, the pole shall
not be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduit shall be minimized to the number technically necessary to accommodate the
small wireless facility.
C. Small wireless facilities attached to existing buildings, shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building’s architectural theme.
Page 164 of 290
382
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 14 of 18
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent
building surfaces, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying
zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop or
otherwise concealed from view.
9. If a cabinet enclosure cannot be located within the building where the small
wireless facilities will be located, then the City’s first preference is for the wireless
telecommunication carrier to locate the equipment on the roof of the building. If the
equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must
be consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building,
then it shall be located underground consistent with subsection E(1).
D. Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
1. Each strand mounted facility shall not exceed four (4) cubic feet in volume.
2. Only one strand mounted facility is permitted per cable between any two existing
poles.
3. The pole must be able to support the necessary load requirements of the strand
mounted facility.
4. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
5. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic.
Page 165 of 290
383
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 15 of 18
6. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets.
7. Pole mounted equipment shall comply with the requirements of subsections A
and B above.
8. Such strand mounted devices must be installed to cause the least visual impact,
be outside the view of a single family residence, and without excess exterior cabling or
wires (other than the original strand).
9. Strand mounted facilities are prohibited on non-wooden poles, unless the existing
pole has pre-existing communication wirelines.
E. General requirements.
1. Ground mounted equipment in the rights-of-way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights-of-way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant’s ability to provide
telecommunications service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, city
ordinance, and state and federal laws and regulations in order to provide a clear and
safe passage within the rights-of-way. Further, the location of any replacement or new
pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health, or safety.
5. Replacement poles shall be located no more than five (5) feet from the existing
pole with the requirement to remove the abandoned pole.
6. No signage, message or identification other than the manufacturer’s identification
or identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures or as otherwise required by law and be of the minimum amount possible to
achieve the intended purpose needed to meet applicable law, regulations, and
standards; provided that, signs are permitted as concealment element techniques where
appropriate.
7. 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.
Page 166 of 290
384
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 16 of 18
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non-wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached. Antennas,
equipment enclosures, and ancillary equipment, conduit and cable is encouraged to be
integrated within the pole when technically feasible.
11. Except for locations in the city right-of-way or within access easements on private
property within property owner permission, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way in when assessing proposed siting locations
so as to not adversely affect the visual character of the City. This provision shall not be
applied to limit the number of permits issued when no alternative sites are reasonably
available nor to impose a technological requirement on the applicant.
13. 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 effectively prohibit the applicant from providing a wireless service,
alternative forms of concealment or deployment may be permitted which provide similar
or greater protections from negative visual impacts to the streetscape.
20.38.080 New poles for small wireless facilities in the right-of-way or for
deployments in Design Zones.
A. New poles or structures for small wireless facilities or for installations of small wireless
facilities in a Design Zone are only permitted if the applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole, electrical transmission tower or on a site outside of the public rights-of-way
or access easement such as public property, a building, a transmission tower, or in or on
a non-residential use in a residential zone whether by roof or panel-mount or separate
structure;
2. The proposed small wireless facility complies with the applicable requirements of
MMC 20.38.070(E);
3. The proposed small wireless facility receives approval for a concealment element
design, as described in MMC 20.38.080(C) below;
4. For access easements, the property owner(s) has given written permission for
the placement of a new pole within the access easement in such a manner so as to not
frustrate the purpose of the easement or create any access or safety issue and shall be
Page 167 of 290
385
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 17 of 18
in compliance with all land use regulations such as, but not limited to, setback
requirements;
5. The proposed small wireless facility also complies with Shoreline Management
Act, and SEPA, if applicable; and
6. Any new pole shall be installed at the point closest to the side property line so as
to not impact the property’s view; and
7. No new poles shall be located in a critical area or associated buffer required by
the City’s Critical Areas Management ordinance (Title 20.50 MMC), except when
determined to be exempt pursuant to said ordinance.
B. An application for a new pole or deployment in a Design Zone is subject to review and
approval or denial by the Director.
C. The concealment element design shall include the design of the screening, fencing or
other concealment technology for a tower, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed small wireless facility,
including but not limited to fiber and power connections.
1. The concealment element design should seek to minimize the visual
obtrusiveness of the small wireless facility. The proposed pole or structure should have
similar designs to existing neighboring poles in the rights of way, including similar height
to the extent technically feasible. If the proposed small wireless facility is placed on a
replacement pole in a Design Zone, then the replacement pole shall be of the same
general design as the pole it is replacing, unless the development services department
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility on a decorative pole should attempt to mimic
the design of such pole and integrate the small wireless facility into the design of the
decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the
appearance thereof - as the surface against which the installation will be seen or on
which it will be installed, landscape design, or other camouflage strategies appropriate
for the type of installation. Applicants are required to utilize designs in which all conduit
and wirelines are installed internally in the structure when technically feasible.
2. If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same city right-of-way, if applicable,
or for the same pole type, then the applicant shall utilize a substantially similar
concealment element design, unless it can show that such concealment element design
is not physically or technologically feasible, or that such deployment would undermine
the generally applicable design standards.
D. Even if an alternative location is established pursuant to MMC 20.38.080(A)(1) the
Director may determine that a new pole is in fact a superior alternative based on the impact to
the City, the concealment element design, the City’s Comprehensive Plan and the added
benefits to the community.
Page 168 of 290
386
AGENDA ITEM 9.4
AGENDA ITEM 6.1
ATTACHMENT 4
Ordinance No. 975 Page 18 of 18
E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment
in the city right-of-way, the applicant must obtain a site-specific agreement from the City to
locate such new pole or ground mounted equipment. This requirement also applies to
replacement poles when the replacement is necessary for the installation or attachment of small
wireless facilities, the replacement structure is higher than the replaced structure, and the
overall height of the replacement structure and the small wireless facility is more than sixty (60)
feet.
F. 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 effectively prohibit
the applicant from providing a wireless service, alternative forms of concealment or deployment
may be permitted which provide similar or greater protections from negative visual impacts to
the streetscape.
Section 14. Severability. If any section, sentence, clause, or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
Section 15. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 16. Effective Date. This ordinance shall be in full force and effective five (5) days from
the passage and published in accordance with law.
Passed by the City Council of the City of Medina and approved by the Mayor this 8th day of
July, 2019.
Cynthia Adkins, Mayor
Attested to by: Approved as to form:
Aimee Kellerman, City Clerk Scott Missall, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: / AB
Page 169 of 290
387
AGENDA ITEM 9.4
Gary Abrahams
For T-Mobile USA, Inc.
PO Box 2006
Bellevue, WA 98009
206-349-4279 Gary@GMAnetworkservices.com
VIA EMAIL
April 1, 2021
Mr. Ryan Osada
Director, Public Works
City of Medina
501 Evergreen Pt. Road
Medina, WA 98039
RE: Planning for T-Mobile wireless communication facility in City of Medina ROW
Adjacent to 247-84th Ave. NE, Medina
Utilize PSE pole for antennas and locate equipment in an underground vault
T-Mobile Site ID: SE02025C, Eastland – PSE – Utility
Submittal of Pre-application Materials
Dear Mr. Osada,
T-Mobile is planning for a wireless communication facility in Medina to be located approximately at 84th
Ave. NE and Overland Drive West. The plan includes installing an underground vault in the ROW on 84th
Avenue NE, just north of Overland Drive West. Additionally, T-Mobile plans to utilize a Puget Sound
Energy utility pole in the ROW at 84th Avenue NE and Midland Road.
T-Mobile continues to have a significant coverage gap in the City of Medina that its existing sites are not
able to cover. To reach the residential areas at 84th Avenue NE and Overland Drive West, the proposed
site is essential to closing a portion of this gap extending coverage to its customers.
I have attached the following documentation for your review and for discussion during the pre-
application meeting:
Preliminary project plans reflecting the proposed vault location and PSE pole location to be
utilized for the antennas;
Preliminary concept photo simulations of the before and after of the PSE pole;
Propagation maps evidencing the need for the coverage in this area
Please let me know if you have any questions. We will look forward to further discussions on April 7th.
Thank you,
Gary Abrahams
For T-Mobile USA
206-349-4279
Contracted through TAEC
388
AGENDA ITEM 9.4
Preliminary project plans
389
AGENDA ITEM 9.4
390
AGENDA ITEM 9.4
391
AGENDA ITEM 9.4
392
AGENDA ITEM 9.4
393
AGENDA ITEM 9.4
394
AGENDA ITEM 9.4
395
AGENDA ITEM 9.4
396
AGENDA ITEM 9.4
S
T
O
P
B
A
R
145 SW 155th Street, Suite 102
Seattle, Washington 98166
Phone 206.244.4141
Fax 206.244.4455
1 inch = ft.
(IN FEET)
GRAPHIC SCALE
1 inch = ft. (11x17 SHEET)1020 397
AGENDA ITEM 9.4
ST
O
P
B
A
R
MIDLAND RD
POLE I.D.:
222714/165633
SLAG4552
145 SW 155th Street, Suite 102
Seattle, Washington 98166
Phone 206.244.4141
Fax 206.244.4455
1 inch = ft.
(IN FEET)
GRAPHIC SCALE
1 inch = ft. (11x17 SHEET)1020 398
AGENDA ITEM 9.4
Preliminary concept photo simulations
399
AGENDA ITEM 9.4
400
AGENDA ITEM 9.4
401
AGENDA ITEM 9.4
402
AGENDA ITEM 9.4
403
AGENDA ITEM 9.4
404
AGENDA ITEM 9.4
405
AGENDA ITEM 9.4
406
AGENDA ITEM 9.4
Propagation maps
407
AGENDA ITEM 9.4
•T-Mobile On Air Sites
•Showing LTE AWS Coverage
•SE02618A with current RC =32 fee t
408
AGENDA ITEM 9.4
•T-Mobile On Air Sites
•Showing LTE AWS Coverage
•SE02618A with NEW RC =51 fee t
409
AGENDA ITEM 9.4
•T-Mobile On Air Sites
•Showing LTE AWS Coverage
•SE02618A with NEW RC =51 feet
•Includes:
SE02025C
SE02027A
SE02028A
410
AGENDA ITEM 9.4
{EFM2811104.DOCX;3/05708.000001/ }
MEMORANDUM
DATE: April 26, 2023
TO: Medina City Council
FROM: Emily Romanenko – Assistant City Attorney
RE: Small Wireless Facility Permit Overview
The purpose of this memorandum is to: (1) address the scope of the City’s ability to regulate the
deployment of small wireless facilities (“SWF”), (2) provide an overview of the SWF permit process, and
(3) provide an update on the status of T-Mobile’s SWF permit application.
I. City’s Ability to Regulate SWF
By way of background, SWF are cellular installations meant to supplement existing 4G networks and to
facilitate the rollout of future 5G networks. These installations are significantly smaller than 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.
In 2018, the Federal Communications Commission (“FCC”) had issued a range of new rules that governed
how the City is allowed to regulate SWF. Under these new rules, cities are prohibited from restricting the
placement of SWF within the right-of-way; however, cities can adopt objective aesthetic and safety
standards that are prescriptively applied. This means that if the applicant meets the adopted standards,
the permit must be approved. Additionally, the FCC established presumptively reasonable permit review
timelines (“shot clocks”) within which wireless permits needed to be reviewed. During the winter of 2018,
the City undertook a review and update of its wireless facilities code to ensure compliance with the 2018
FCC regulations.
As part of its wireless code update, the City Council reviewed and approved aesthetic and safety standards
that would ensure the safety of the residents while staying within the parameters of what the FCC allows
cities to regulate. Thus, while the City cannot regulate the choice of technology used (meaning we cannot
ask the applicant to use a different type of antenna that is less obtrusive or site the SWF in a different
location), the City can, and did, adopt reasonable aesthetic and safety requirements, including limiting the
height of associated antennas and/or replacement poles, and requiring concealment elements. Design
and concealment regulations can be found in MMC 16.38.070 and include standards for deployment on
non-wooden light or utility poles, wooden light or utility poles, and strand mounted facilities. However,
because the design standards cannot materially inhibit or have the effect of materially inhibiting the
deployment of SWF, if the applicant states that additional height is necessary to meet other regulations
(for example clearance between power lines), the applicant can increase the height of the pole or antenna
411
AGENDA ITEM 9.4
Medina City Council
April 26, 2023
Page 2
{EFM2811104.DOCX;3/05708.000001/ } 2
to the minimum additional height necessary to meet those other regulations. FCC 18-133A1, para. 37, 47
U.S.C. § 253(a) and 47 U.S.C § 332(c)(7).
The City is also preempted from regulating SWF based on health and environmental concerns. 47 U.S.C §
332(c)(7)(B)((iv). In 1996 and 1997, the FCC issued guidelines for use in evaluating environmental effects
of radio frequency (“RF”) emissions from cellular towers. The guidelines established maximum permitted
exposure (“MPE”) limits established by the Congressionally chartered National Council on Radiation
Protection. Those guidelines still stand today, and SWF applicants are only required to ensure that their
facilities meet the federally established MPE limits; as long as they do, they can deploy the facilities. To
ensure the SWF deployed within the City meet these federal standards, the City requires applicants to
submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that
the proposed SWF will be compliant with all FCC and other governmental regulations in connection with
human exposure to RF emissions for every frequency at which the SWF operates. MMC 15.14.020(F).
II. SWF Permit Process
To deploy SWF within the City’s rights-of-way, the Medina Municipal Code (“MMC”) requires an applicant
to obtain the following agreements and permits:
A franchise agreement. The purpose of this agreement is to govern the applicant’s access
to the City’s right-of-way. It is an “umbrella” agreement that contains provisions including
insurance and indemnification requirements, permitting requirements, restoration
requirements, and bonding requirements. Franchise agreements are approved
legislatively by City Council. MMC 15.14.010(D)(1) and MMC 15.06.030.
A SWF permit. This is a consolidated building permit that includes the construction plans,
design standards, electrical and mechanical plans, and all the other permitting aspects
that are typically included in a building permit. This consolidated permit grants the
applicant the right to install their facilities on an existing or replacement pole in the right-
of-way. SWF permits are approved administratively based on a prescriptive review of the
code by the Development Services Director in conjunction with the Public Works Director.
MMC 15.14.010(D)(2) and MMC 15.14.030(B).
A site-specific license agreement. This agreement regulates the exact placement of new
stand-alone equipment in the right-of-way. This agreement is used if the applicant wants
to place any equipment on anything other than an existing, or replacement pole, in the
right-of-way. As an example, an the applicant wanted to locate a new pole or place an
underground vault in the right-of-way, they would need to obtain a site-specific license
agreement. Site-specific license agreements are approved legislatively by City Council.
MMC 15.14.010(D)(4).
412
AGENDA ITEM 9.4
Medina City Council
April 26, 2023
Page 3
{EFM2811104.DOCX;3/05708.000001/ } 3
Other permits. Depending on the scope of the proposal, as determined through review of
the small wireless facilities permit, other permits may also be required such as a right-of-
way permit, grading and drainage permit, or a SEPA checklist. These types of permits are
administratively approved by the Development Services Director in conjunction with the
Public Works Director. MMC 15.14.010(D)(3).
Additionally, while not part of the permit review process, MMC 15.14.040(F) requires the applicant to
hold an open house style meeting for the purposes of providing notice of the project to residents and
providing an opportunity for residents to ask questions about the project. These meetings are for the
public's information and are neither hearings nor part of any land use appeal process.
III. T-Mobile SWF Application
In 2021, T-Mobile proposed, through a pre-application meeting, to deploy SWF within the City. T-Mobile
first applied for a franchise and, after the negotiation process, City Council approved a franchise with T-
Mobile in September 2022, pursuant to Ordinance No. 1013. Upon receiving their approved franchise, T-
Mobile then applied for a SWF permit to site a SWF on an existing utility pole at the corner of 84th Ave NE
and Midland Road, and a site-specific license agreement to locate an underground vault in the right-of-
way. City staff are currently reviewing the small wireless facilities permit and the site-specific agreement
is scheduled to come to Council in May. Additionally, as required by MMC 15.14.040(F), T-Mobile is now
scheduled to hold their open house today, April 26, 2023. As next steps, City Council will review and vote
on the site-license agreement while City staff finish reviewing the SWF permit and any other associated
permits.
413
AGENDA ITEM 9.4