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04-10-19 YPC Packet
111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director 11 %Xk� uu:�; Dui k wi PlOTY I° YAKIIMA anning Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC MEETING City Hall Council Chambers Wednesday April 10, 2019 3:00 p.m. - 5:00 p.m. YPC MPmhPrc- Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White (District 2) City Planning Staff: Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development Administrative Assistant), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner), Trevor Martin (Associate Planner), Colleda Monick (Community Development Specialist), and Lisa Maxey (Planning Technician) *iii*RFIV i SFis * AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of March 27, 2019 VI. Discussion on Potential Text Amendments • Small Cell Wireless Facilities Affordable Housing VII. Other Business VIII. Adjourn Next Meeting: April 24, 2019 MIS 094 City of Yakima Planning Commission (YPC) Meeting Minutes City Hall Council Chambers March 27, 2019 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick, Leanne Hughes -Mickel, Philip Ostriem YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Sara Watkins, Senior Assistant City Attorney; Lisa Maxey, Planning Technician Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements — Planning Manager Joseph Calhoun announced that the rezone at 5231 Powerhouse Rd. will become effective next week. In addition, he stated that two Comprehensive Plan Amendment applications have been received thus far and that more are expected to be submitted before the April 301h deadline. At approximately 3:01 p.m., Calhoun stated for the record that Commissioner Ostriem walked into the meeting. Audience Participation - None noted. Approval of Meeting Minutes of March 13, 2019 — Commissioner Hughes -Mickel asked about the term "shot clocks" used in the minutes. Calhoun clarified that this is terminology used by the Federal Communications Commission in relation to processing time for small cell wireless facilities. It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the meeting minutes of March 13, 2019. The motion carried unanimously. Discussion on Potential Text Amendments: Affordable Housing — Calhoun introduced this item and provided a document containing staff's suggestions for encouraging multi -family development and other housing within the city. After discussion, the Commission had consensus to 1) Look at potentially adding multi -family to the uses allowed in the R-1 zoning district; 2) Review whether single-family housing should be permitted in nonresidential zones as it may not be the best use of land; 3) Request staff to provide a map of existing houses in the General Commercial (GC), Regional Development (RD), and Light Industrial (M-1) zoning districts in comparison to the future land use map; 4) Invite home builders to provide input; 5) Request staff to map the orchards within the city; and 6) Investigate lowering utility connection fees. Calhoun made it known that the Commission will review in the near future and ultimately make recommendations on the following items that were referred to them by City Council: 1) Review techniques used in other cities, especially in the state of Washington, to encourage new housing of all types; -1- 2) Review the concept of Inclusionary Housing Ordinances that require set -asides for affordable housing or payment into a fund for affordable housing. Seattle and Portland have similar ordinances with mixed results; and 3) Review short term rental zoning and licensing regulations (AirBNB or VRBO) Calhoun provided an article on affordable housing from the Municipal Research and Services Center (MRSC) website, with his comments included. He pointed out that the Commission is already reviewing or will be reviewing many of the items mentioned in the article. Other Business — Chairwoman Byers shared that she will be absent for the Commission meeting on April 10, 2019. Calhoun stated that discussion on potential amendments to the Wireless Communications Facilities code chapter (YMC Ch. 15.29) will be brought back to the Commission on April 10tH At the request of the Commission, Senior Assistant City Attorney Sara Watkins gave a status update on the temporary worker housing issue. She indicated that this topic got wrapped into the affordable housing discussion; however, City Council moved to direct the Planning Commission to look at definitions for "boardinghouse" and "congregate living facility." The Commission also requested an update on the land near the Wastewater Treatment Plant that was considered to be a potential site for low -barrier homeless housing or a shelter. Watkins informed them that an ad hoc committee, which will meet for the first time on April 1St, has been seated with the goal of reviewing potential land uses for a General Commercial -zoned property of that size. Development standards and sitescreening will also be a part of their discussion. The committee will ultimately make a recommendation to City Council. Adjourn - A motion to adjourn to April 10, 2019 was passed with unanimous vote. This meeting adjourned at 4:26 p.m. Chairwoman Byers Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Technician. -2- City of Yakima Planning Commission April 10, 2019 Modifications to YMC Ch. 15.29 — Wireless Communications Facilities 1. Background After the initial meeting on March 13, 2019, staff incorporated several changes as proposed by wireless industry representatives. These changes provide numerous updated definitions for consistency with FCC regulations, process and procedure for small wireless facilities, and the removal of outdated and non -existing processes such as balloon tests. 2. YMC Ch. 15.29 Draft Edits The attached track changes document identifies the draft edits ....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ......... 3. Small Wireless - Industry Examples Visual representation of different small wireless installations Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Chapter 15.29 MAIN IN11a0-MK/J►iQi111►1[K1NN161 1;1&TOIaINIO R Sections: 15.29.010 Purpose. 15.29.020 Definitions. 15.29.030 Exemptions. 15.29.040 Permits required. 15.29.050 Application submittal/fees. 15.29.060 Development standards. 15.29.070 Design criteria. 15.29.080 Site selection standards. 15.29.090 Safety and industry standards. 15.29.100 Wireless conditional use permit criteria. 15.29.110 Wireless height variance. 15.29.120 Application review process. 15.29.130 Balloon tests—Visual impact assessments. 15.29.140 Third -party review. 15.29.150 Nonuse/abandonment. 15.29.160 Transfer of ownership. 15.29.170 Vacation of permits. 15.29.180 Violation Penalty. 15.29.190 Relief, waiver, exemption. 15.29.200 Severability. Page 275/315 15.29.010 Purpose. The purpose of this chapter is to establish general guidelines for the siting of wireless --,-facilities, including towers, antennas and support structures. A. Goals. The goals of this chapter are to: 1. Enhance the ability of j+eiz-wireless service providers to provide such services throughout the city quickly, effectively, and efficiently; 2. Encourage jwf- rw R4 -wireless service providers to locate towers and antennas in nonresidential areas; 3. Encourage pef- rw R4 -wireless service providers to co -locate on new and existing tower sites; 4. Encourage pe a4 wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; 5. Encourage �-�w+ -wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact; and 6. Provide for the wireless communications needs of governmental entities. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary: 1. To manage the location of towers and antennas in the city; 2. To protect residential areas and land uses from potential adverse impacts of towers; 3. To minimize adverse visual impacts of towers through careful design, siting, landscape, screening, and innovative camouflaging techniques; Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 276/315 4. To accommodate an increased need for towers to serve the wireless L�xH-�-needs of city residents-, 5. To promote and encourage col, -location on existing and new towers as an option rather than constriction of additional single -use towers, and to reduce the member of such structures needed in the future-, 6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and 7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support strictures. B. New Uses. All new towers,rz all wild c s.s l f`,tckC fes antennas and support strictures shall comply with this chapter t dw w f`k:q:°a caw dH'tt 4 of` ad oFd,4 +r ea+e°keo(� ��+ a4r e° i7 ttf)aw F. C. Existing Uses. Alltowers and antennas existing on the effective date of the ordinance codified in this chapter that are not in compliance with this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new constriction other than nio(lif cations nia(le yruunsu�and do �Scc darn (74U9 a}„ of thc„ Mi(Irile,,,, (loss [ ux RcIicI n..(J lour (. td nonl0 cd of 2012 u�7d. 47 CER `section 1.( 100 an(] routine maintenance ix+;¢ -+an - 4*weF �Hl(kff�s on +44�eF4,ue d�ie-,�, -shall comply with the requirements of this chapter. D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting jw+- w+ 4 -wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent fw+- w+ 4 -wireless services. E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.020 Definitions. For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC. "Abandonment" means to cease operation for a period of three hUn(hc(l sixty,,,,liveor more consecutive days. "Administrator" means the director of the city's department of community development and his or her designees. "Antenna" means "n aErpranada�s cicsi}surd f`on disc rll,n ua� e of clutntrtrnn nacfnof`nccuuen� [%T' nac�natrnon do Ire o rcnatrecf on ofrcl:4udnn7fn from a fixed �ocadnon 1r1!.!SU,ant to � CC aUthonizadion, lot the p-rnovision ol` wincless set vnc°c:�u f� I- -- upra,.udaa....w: ,li-A,....1sa t4€llpaaa ?z ara�8 e..lcrtata�aalo�r 8hla....�.i:1.... -e- ° +4-4P,, adder t as& -4, a o+i- 1n7d;cnnu ecl,n�i-anent" rncans c(nui-rrncnd wide°hcs winin:D c xlrinn:D;., rowcn song ccs slucldcns on cairincds associadcd. with an unden a locatc(l at the s unte fixe(] location... s the andennx:.>.... (I when c.olloc xdc(l crn a du,llcdau c, �� ruto�u�7d:e:Gl: on installed at the saunc liunc as suuch antenna. "Antenna height" means the vertical distance measured from the base of the antenna support stricture at natural grade to the highest point of the stricture even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the natural grade of the parcel at the lowest elevation point of the support stricture's perimeter. "Antenna support stricture" means any pole, telescoping Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 277/315 mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals. "Applicant" means any provider or any person, partnership, company, or government agency that files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city. 1 1 cnt di a� Fr1 dui i aa.. ..d c-ha4in... ianwisl`lst�innn 4:e.F- "Base station is x ShUcd ure,,,on equl,n unnent ad a f`ixccl location that enables l ------ 00111111 _C_licensecl on ailthorizccl wincless c ozltrni�nic, at ions between USCI Cgffipnncnt and a Coznmunicat:ions netwoik. The ternn clocs._not encompass a tower as ... .... ....... ........ ................. cicflnccl in this citulydcn on M Cc iui tnnCnt: associate(] with a tower. (.ml "[`hC denrnt htc°liucles, iriut iS not lirnidecl to, Cgosip-rrneitd aSSOCiadc(l Mth wineless_t,enviCCS SrichuS p;Iliv ute,, rI ) ucic. Ist..,... and _ri�irlic Sal`Cd Services as well as iunlicensecl whCICSS ScnviceS an(] fixccl weheSS SCIVICCS Sd..I.cit as rnicIowal orc ........... hackhadul. ..................................................... (mii! he dcrm inchucles, hitt is not limidCcl to, nach—toll sccJygrs antennas coaxial on fibgr-a1pdic° calcic ne ,,td 111A... hath Ir—OWcr s rmlics anti. Conn_uarralnle ccu1i-nmcnt -r-cahuclin , I isdI„ibL..1decllitdeitit,(t, S., sterns and small wincless facilidieS ..:. (mum).....(he ten n inc.lrl,(l,cs uny,strUcWr others„_th n a towel that at dile tame the teievand a _r-)iicadion is file(] with dile State on„_1(ic !I.. 2,overnment i1ncler dins sectiL) I sutpports on hoiuses c;c frnnCnt clesCnilnecl in yrara ra the ;n dhrouu',h.. (ii of dins sccdion that has been ncvicwccl and av trI ovc,c3 Lf!1 cn dhe Sidnn rnocess on n111cler unothen State on local nc,ID,iuladory nevncw luioc even if the, strisc.d;glrc was ..:not built lot the sole () prItmI,I;Y gri�rlrar, e of, Irnov,nclin L Ch sig t tort. (lyl l onyr�imoscs of `section 64 a) of the Mnrlrlle t iss Tax Rehet and Job---- CicationAct of` 2012 and 47 Cf R �cCd„.... d:h ,_dean„does not incluud _ ny stnitC.di1ne that at the tinnc the rglevand ap lication iS filed with the City..... Un(l,et this section, (1,ocS nett„s port or hcriL,� Cgiuil-anent clest niire(1,,,,nt Ir un(x,:D,LV)hs i) (it of this section. w ,....nx-1--ility--n� ���-rnd-wtn”,t-irn�;-n;E�nrsi-st-a�=wll=�i�w . � ri:�°-•.,, diva -i, �i�al-�°-n�le; n�=Inl�-nn�l- 4R+e4u e=4�gam 4 on:....1 , , , t u...�nna;nanr•. thacriad eraiirnrn�d dhnnEnrtidrtd;... n.., . , i�nnl enoti�a..,:alt.... -ffWnt-in-f++T 8 hii li 1 i 1l was t � ins liawlin.; rand , .gni t it ...nincl� to l "Camouflage” means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically impracticable tinder the facts and circumstances. The term includes, without limitation: (a) the use of structures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing stricture that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new structure; (c) "stealth strictures” in which the antenna or other wireless facility component is disguised or concealed within a structure designed to appear as another stricture (such as a church steeple or flagpole) or another natural form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural features. "Cell site” or "site” means a tract or parcel of land that contains wireless service facilities including any antenna, support stricture, accessory buildings, and parking, and may include other uses associated with, and ancillary to, personal wireless services. "City” means the city of Yakima. Chapter 15.29 WIRELESS COMMUNICATION Page 278/315 FACILITIES "City property" means all real property owned by the city whether in fee ownership or other interest. "Co" means the mounting or installation of an antenna ()+ x n+ei+Ha,_1 rc.t nd,,von a lnne,,, existing s,drLICdnne,,.. xn(Vot nmoci,n ynn,p a Sdn�aacdarre fon the roan ros,c of zmctaandnn� on instaihn.; rn,antenn�x,_facility on dhat Sdnaac°darrc. ��on lraan, -uoscs of nnoclificationS 111ac1c MrSaaant to `section 6409(a) of the nmi(Iffle Class Tax Relief anti Job Cication .Act: of 204,2, incl 47.t R `~�,cction4,...6400, `c.olloc "collocation" means the„-rnornntin D of installation of transmission cc rai-anent on an et14 ihlc Saar rant Stnarctnnc fon the rrrr-rose of tnansmittnn p znc�/ot tecenvnnp; nac]io fnectaaen ,,v�Sn 2,nal3 fon cortrrptaannc t,dnon3 grtl _ scs. & i i 1 cii..4:.pa� y�..a n tan gx an w Js n n c iv n a ,i 1`ne y sib -n om-{on € 4*i-H+a-n- at n pr "Conditional use permit” or "CUP" means a process and approval as described in this chapter and in YMC Title 15, Yakima Urban Area Zoning Ordinance. "COW" means "cell on wheels" or other temporary wireless facility. "Design" means the appearance of wireless service facilities, including such features as their materials, colors, and shape. "EIA" means the Electronics Industry Association. "Equipment enclosure" means a stricture, shelter, cabinet, or vault used to house and to protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities. "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with cross -arms, poles without cross -arms, wires, lines, conduits, cables, communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services. "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. "Governing authority" means the city council of the city of Yakima. "Governmental entity" means the state of Washington, Yakima County, the city, municipally owned utilities, and special purpose districts including the school, fire and library districts. "Hearing examiner" means the duly appointed hearing examiner of the city. "Major modification" means a co -location or other modification that constitutes a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(2). "Minor modification" on "➢?li giirlc Facilities Re( rrest" means a col location or other modification that does not ....................................... constitute a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(1). "Modification" or "modify" means the addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, rnd;;en, r;,,,e,grripment, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change -out of equipment for better or more modern equipment. Adding a new in +n ae =-+-wig e -provider to a I,.e e+m+iRaarr *4+ms--tower or d o° in n ate= site as a co -location is a modification. A modification shall not include repair and maintenance as defined by this chapter. Chapter 15.29 WIRELESS COMMUNICATION Page 279/315 FACILITIES "Mount" means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts: 1. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building. 2. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower. 3. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. "Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the approved finished grade of land platted through the subdivision process. "Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications facilities owned by another telecommunications provider does not constitute occupying the rights-of-way. "Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities and individuals. .. ...... .``� aur,44n.44is44_- +a-4.... e9ae4 iia--d-flaa ... aaa rau i s Sa s 7 t1 u w a iaa d flan a� a&mak-q=4ion-v,�,i:, € rarrn.:.. vile e fl dZviamiafl aal� aw ...4..�.�.fl a iu ... si , . w nw u1 iii- I"c , lou d tc lr�u gr,ar 1r1` otap srrr l��_w u fl� 1`4u °iflztae ruteaaus a Vyfl)e of du��cda t� dfl� ud n, ru ra74xy flr� �u ,cl nu7 whole :.... cra nI7...flr aaV ly oa 1`oa wnacfl�ple_C011aanaunicatflon cflcc°tune clastri butt o¢a, 1n Dfla � to ailn,c contio...> n ^uf 74u};D,.�, ru rlrnfl at::.... lnune,,d;non, on„_1on collocation of small wine'less facilities. gli-oLv deci �a�c°flu den�zat does not inc.flaucic _alower inaW dation i21!.i inj..2, of clecttic taansini:;�,flc�ly_StrUcda fires. "Protected areas” are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or historic district overlay zones; (c) proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings, strictures or objects listed in the National Register of Historic Places; (e) state and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to preservation or protection through recorded conservation easement. "Provider" «n wnneIc�;,s s,epvocc rnoy d "means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and/or individual that provides �,�w+R4--wireless service over wireless s viee-facilities. "Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement is iwd-ei.&lfl snrnnfl an;, -nn siz.ean..dto the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted. "Right-of-way use permit" means the authorization by which the city grants permission to a service provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing identified facilities. Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 280/315 "Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YNIC 15.02.020, but does not include (a) structures, including poles and conduits, located within the right -of -way -1 or (b) federally granted railroad rights-of-way acquired under 43 USC Section 912, and related provisions of federal law, that are not open for motor vehicle use. "Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses. "Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. "Security barrier" means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass. "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating or managing any facilities used to provide and providing telecommunications or cable television services for hire, sale, or resale to the general public. "Service provider" includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town. "Small wiicicssi facility" means facilities smaller than a traditional cell tower or basc station intendLd to augment and enhance existing wireless towers. These are typically attached to cxistin ot oiJe -)1acement utility poles or other El -— structures in the public right-of-way. This includes other technologies similar to small cells, such as nlicrocells and distributed antenna systems JDAS.L "State" means the state of Washington "StILICWre" nican, a -2� gi n or other bqJ11(lin �, whetheLL .................................................................................................. .... .... r !,Lj��j I., Ll L not it has an c L..1 S..0 (.1. or do be USe(II'm I IhC )YOViSiOn Of WiYCICS'��T- S ViCc. ......................... ................ ..................... _ ---- "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 orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment. +44e+f"', OP41", 0114111-41pt4ic-al ion -within t4re4+4rnab4e-pe4:iod opimvl, 14z4q.,� into ae�()w]A, the-nAkm-a an4--s(Lope 44h4_aaprprfrcratis n:... se144+i44+ iR or..4R41e-ons H4 afffl,- "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. Ri 44o aff4 t ova Chapter 15.29 WIRELESS COMMUNICATION Page 281/315 FACILITIES —"Tower" also includes any structure built for the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities. "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. "Unlicensed wireless services" means &o*i-Hm:e4 -Hi e-wii c I s,sservices that operate on public frequencies and do not need an FCC license. "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 the orders and regulations of the Washington Utilities and Transportation Commission. "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 rights-of-way and used or to be used for the purpose of providing utility or telecommunications services. "Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power, telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether located within or outside the public right-of-way. Utility poles i it 1reE subject to rights of ownership, applicable franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC), and statutes governing location and relocation. Wil„eiess sclvnc.c ...and witeiess facilities” used xn dims cha rder sta�i� ��c d� l`n�7ec1 n�7 disc 4xr�rc r�74x�raic� 4x n�7 47 1 J` C ecd; on 332(_c 7 G' as nd rn4x ire 4xrnended now ��1_ol7_di c ic1dU C ,4l,nca op1ci�Kdes 1`4xc°nindnes 1`0� dire tr4tnsrnnssnon 4xnd. pec .lydn)n of t xdio of tnnc�cr, y xvc 1.g,:?n4tis —used for sur ;. pre�son4ti c°omm��nnc°4ttnons —services enir4x,l7c ed s.ir, c n tin✓,cl rnoirl xclncr..>..... xnc1 x,7y odirer wnr cie sc lvncs licensed b dil, G G 4x�7c1 Lt7in, �7s cl...:wnti s .... senvices helessSCIVi �"1Llihncs ...-..nnsnnzy licemscci or uniicen'�!s�uecdnu�rm, , diic use of WY.ifi.z wirethei at x fixed ion°ration ��1_lclobilc prnovided to the puubfic. "Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.030 Exemptions. The following are exempt from the provisions of this chapter and shall be permitted in all zones: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite dish antennas less than two meters in diameter, including direct -to -home or site satellite services, when used as a secondary use of the property. G. Routine maintenance, replacement or repair of a pc.i.s .4 -wireless skaiv4ce facility and related equipment that does not constitute a modification; provided, that compliance with the standards of this chapter is maintained. Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to the provisions of YMC 15.29.060(A). Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 282/315 H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a pi nso wireless w1t=v4facility until thirty days after the completion of such emergency activity. I. A COW or other temporary jw+-, w+R4-wireless gra s s facility shall be permitted for a maximum of ninety days... -y a.: ,.naw�n ai b � � y y al,ri�cd dcr.-p�n7�wx,1 iry fly, �nd„y, or during an emergency declared by the city. J. �1 nnC I Ssof the city located upon city property and city utility poles and fixtures. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.040 Permits required. The following table summarizes the permits required for the various types of- r -",'-m4 wireless s v e- facilities that meet the standards of this chapter: Table 29-1 Permit Table* Type of Use Permit Type Approval Type Co-location/minor modification (no Modification Administrative (if minor substantial change) modification) Co-location/major modification Same as New Towers (depending on Same as New Towers (depending on (substantial change in height) location) location) New antenna (existing noncellular Standard Wireless Administrative structures, industrial and commercial zoning districts) New tower (public or city -owned Standard Wireless Administrative/Lease property) New tower (commercial or industrial Standard Wireless Administrative zoning district, more than 300 feet from residential or protected area) New tower (in or within 300 feet of Standard Wireless if camouflaged Administrative residential zoning district) by stealth or Wireless CUP** if not camouflaged Hearing Examiner by stealth New tower (in or within 300 feet of Wireless CUP Hearing Examiner protected area) Any tower, antennas or modification Wireless Variance Hearing Examiner not meeting standards of this chapter * Applicable permits include building permits and other permits required for installation. ** Wireless conditional use permit 'faublle 29--1 5. ........................................................... Srinall Wh,elless Perri@it 'Lablle Tvpe of Use Permit Tvtae Arataroval TvRe a irele ss V arlitt' itll Nc a inni: 11 Wire le .s ,h iniiui it tti� e i,,all 11E21 ri„elnt 2t ca cn exi, irrg,e or re l;teeru'uernt uirlrt - ole nyirelers�s,,..f"'Cr,lxtyron tne�� lnnall,,,Wi;rele;ss, ... Aa9nnrnr..trative ......... ......... pcic (..I i.aIc ctl the,rr4 ht-of�s'<t r and withiiu 300-fe.el,_nrV`.a roteeted ;treat (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). Chapter 15.29 WIRELESS COMMUNICATION Page 283/315 FACILITIES 15.29.050 Application submittal/fees. A. Standard Wireless Application. A complete application shall consist of the following: 1. A complete application form as provided by the community development department. 2. The name, address, signature and contact information of the applicant: a. If the applicant is not the landowner, applicant shall provide written authorization signed by the landowner authorizing the applicant to submit for permits on the landowner's behalf. The written authorization signed by the landowner shall contain a statement and acknowledgement by the landowner that the landowner shall be deemed a co -applicant by virtue of such authorization. b. If any applicant or co -applicant is a corporation, trust, association, or other organized group or legal entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of authority filed with the state of Washington, Secretary of State's Office. 3. Evidence that the applicant is an FCC -licensed rel ss service provider or that it has agreements with an FCC -licensed iess service provider for use or lease of the support structure. 4. Legal description of the parcel. 5. Site plan, drawn to scale, clearly indicating the location, type and height of the current or proposed wireless facility, accessory buildings, fencing, trees, landscaping, topographic contours of the site at two -foot intervals, location of utility easements, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, and all other items required in this chapter. 6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height and width of the facility. 7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing materials associated with the wireless facility. 8. State Environmental Policy Act (SEPA) checklist, if required. d 2u� rr t� is r e -v . 10. A copy of the FCC license for the intended use of the wireless telecommunications facilities. 11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor lighting fixtures, including direction and intensity of light, and including manufacturer's "curt -sheets" of all outdoor luminaries. 12. The location of existing or proposed strictures, trees, and other significant site features intended to camouflage the facility. 13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations. 14. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded" to verify that the wirelesswith the proposed installation will be in full compliance with the current FCC RF emissions guidelines (non -ionizing electromagnetic radiation—NIER). If not categorically excluded, a complete RF emissions study is required to provide verification. 15. Applicable fees. 16. Other information for each permit and stricture type as specified in subsection B of this section. Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 284/315 B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard permit in subsection A of this section, the following information shall be provided for each specified permit type or structure type: 1. New Towers and Base Stations. a. A current map and aerial showing the location of the proposed tower and/or base station; a map showing the locations and service areas of other��.+fta4 wireless service facilities operated by the applicant in the city. b. The approximate distance between the proposed tower and the nearest residential unit, residentially zoned properties, and protected areas. c. A statement by the applicant that the design of the tower will accommodate co -location of additional antennas for future users. d. An affidavit stating that (1) the applicant and landowner agree they will allow co -location of additional p ono wireless ,�k°e-facilities by other providers on the applicant's stricture or within the same site location, subject to good faith negotiation of compensation according to market rates, and (2) the applicant and/or landlord agree to remove the facility within ninety days after abandonment. e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support stricture owners, if different, indicating that: i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible to dismantle and remove the WCF/antenna support stricture and restore the site to its approximate original prestr acture condition within the applicable time limits set forth in YMC 15.29.150 following receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this chapter; and ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such affidavit or a memorandum thereof with the Yakima County auditor against title to the property for which the permit was issued. f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new facilities. g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the proposed camouflaging reflects conditions of the surrounding site and area. 2. Facilities in Residential Zoning Districts and Protected Areas. a. A statement describing the applicant's effort to first locate the proposed eoii+mwJnr--wits ic ss facilities on a government facility, a private institutional stricture (such as a hospital or school), or other appropriate existing structures outside the residential zone or protected area and within a half -mile radius of the proposed site, and explaining why, based upon valid considerations including physical, technological, leasing, or other valid constraints, no more appropriate location is available. b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. c. A statement describing the applicant's effort to first contact the owners of strictures in excess of thirty-five feet within a one -quarter -mile radius of the site proposed and which from a location standpoint could meet the )-,, p atyd� c.hni. ,..aI objectives of the facility in the applicant's network. The statement shall, if applicable, confirm whether the applicant asked for permission to install the antenna on Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 285/315 those strictures and whether he or she was denied permission of use for reasons other than the ability or refusal of the applicant to pay a market rate for use of the alternative strictures. 3. Modification Permit. a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the height and width of the facility (this drawing is required in addition to elevation drawing of proposed facility described under subsection A of this section); y74.;-afre, e1 ;� dim ia{ �ircl ear.. A computation and description of proposed modification establishing whether or not such modification constitutes a substantial change in the physical dimensions of the existing facility (if the application is for modification of an existing facility); and �:.. Written authorization signed by the owner of said facility authorizing its modification. (Required if the applicant is not the owner of the existing wireless facility.) 4. Wireless CUP (Conditional Use Permit). a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects conditions of the surrounding site and area. b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a wireless conditional use permit prescribed in YMC 15.29.100. c. A list of owners of property within three hundred feet of the site and their associated mailing addresses. 5. Wireless Variance. a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a wireless height variance prescribed in YMC 15.29.110. b. A statement describing the requested variance and why it is needed. c. A list of owners of property within three hundred feet of the site and their associated mailing addresses. C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to post notice at a location or locations deemed appropriate by the city, and will provide notice to the governing body of any affected historic district association or organization. Applicant shall provide an affidavit that all required notices have been posted and published as required. Additionally, and without limitation, the city may use any other means deemed advisable to provide advance notice to the public. D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in Table 29-2. Table 29-2 Application Fees* Permit Type Fee Modification (if minor) $300.00 Modification (if major) $500.00 Standard Wireless $500.00 Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Table 29-2 Application Fees* Permit Type Fee Srn x11. Wireless ........ ..... `� r00 for the first d,v� ( r) :rn ill wireless 6 xcilitir rn ..... the xlne rpplic<rtron pl ��. 5100 for c rcln t xcili.t�yf... e kry. n,.orn:4f.-� ..... ). Wireless Variance $1,500.00 Wireless Conditional Use Pernut $3,500.00 * Separate fee required for each pernut type associated with application. For an application requiring a wireless variance and a wireless conditional use pernut, both the variance fee and the conditional use pernut fee are required. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.060 Development standards. A. Modifications to an Existing Wireless Facility or Base Station. Page 286/315 1. Minor Modification/ll fn&Jj c 1 ciittuc s Rcrlotcst under 47 CT R Section 1.6100. Any modification of or co - location on an existing wireless facility that does not substantially change the physical dimensions of such tower or base station (as defined in subsection (A)(2) of this section), even if it exceeds the underlying standards of the zoning district, shall be deemed a "minor modification" and shall be administratively approved under a modification permit. 2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major modification." A substantial change occurs if: .Cmjjor lower,; other than towels in the p.r;alirii i lits IIl way it inc,lc,_x�,es the hc.ig2lit of the lower by than 1(J(%b..-oi irvth 9 D,i,d of 1p�c �ciclndnctl7xi x,p�tep��y� �� .I with c�� 4xtion 1`�om di e nea est exnsdnnf� anile nna not to exceed tweedy teed, whnam� vers" is f�,ne xten..:, 1«n others ein 4ible SLI ) )Oit StrUCInres it crc xscs,_t c henghd of the SdnaletUre marc than 1�% of rnonc dhan ten feed: whit°hcvct ns .�ncatcn: t lase t�Ls_nn hci Aij_sh0L1l(1 be me rsuered f`nonl_the ni D,inal Sri r roti Str-nrednrc in Cases whcrc (lelrloyrncnts areof will be scgrrt rde,(1 h(ntoz�rntally, SUCh as on brril(1nngs" toofloprs:: in others.. c 1CUrnslanc s,,chanl2,cs in lje; phd Shonufcl be IT CaSrtncci horn the dimensions of the towen� of base station incfrusnve ,liy_oveci. Clue to dhc pr rss r�;e...LI_dhemue Ctrur.m icd,,,,,(Le bnntany, (ii 1 or tcnwc,ls otflct than ,-dowc S in dhc d-re�irinc nifD,hds ol` wa it invoivcs a(i(iin:D, an a r-)Urlenance to the bo(iy of !J]l towei that wonufd Ljl( dtnudC fnorn the c(Ige of the towers rnonc than twend feel of rnotc than the width of,the tower stnnuCWrc at the level of`the aprprnuttcnanec, whichcvcn ns }D,tc t,dct, lon-crdhen e nlD,ibfc alirirotd St'Lucnres,jooves anngaar'tic sdrnucdrre thatworth rodr-nide , n d f horn the chic of the structure by rnoic than six fect:: ( iJ 1 on ally fi:D,iblc srijr.inarnt Stntp,ttU e, nil::. -involves installation (ll; tnone than the..-st xn(i xn„G] nuurnbet of ne:w:... e. ➢rrne d c rbnneds lot tic tecItnoI r y involved, bead not do cxeccd forth c°shiners. ot, 1`on dowcns in the ia;albinc, n( 11 I's of sway and base stadnons, it involves installadion of any newc(lrtnlarit c nil: c, abnnct:son the.., Dnonrnd il`dhctc arse no me cx.is,il D aLj1!n(1 c.rbnncts associated with the Sttnuctnte, of els involves... ....... ....... ........ .... .. .insd shall n ol,,,, ;normd Cnrbincds Chad ane marc than -1-9 _(V2 1_,112 en nn hers �,hr art ovcntz,(l volrttlrc dhan-r,n others pnonund Cabincds assoeiarcd width rhe stn-nte.dnrc: (my) ld entails any cxeavarion ondcprloymcnd oUrsidc the c°nurtenr Sirc: It woarf(1 (1cfeat the concealment elements of the clisiiblc Srrrrnrotd StrUclnirc: of Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 287/315 (m ld loss nod: conn y with concfidions assoc°iatecl width the sitinfL an-Liovai of the consdnciction on 111o(lifac. ation of the cli i)ric scar road sir-cacdaiire or )rase station cc Ipaprancnd raOviclecl howevca that this limitation ...clocs need appy do any rnoclnhcation that is non.. coanph ant only nn a manner that wouicl not exceed the dhneshoicls icfendificcf in (i) dhIOLWh (iv). 144 .. tc+....d.i Fri—W0t4A..ifwfc-& , L� ti.-ia4g4t 4k2 4+we-4 l+y- a��-a�--t-h�aa-car--pew-cant, (-H+0 e ,4 , :::w: ,t -t wOly l; tiol, t+e-av-- c,..... Thr-ni0an]tir1f.xo f d s se l ant r a avFrc lel ins-ivy1 a4d41n apprand r4nx° do....t kis lg-Of d .....t :c..r that avraall pada€ck fay ni.....dia cel:.p�af'....�e dOwwa::...aars....dhan Ivaenfy @�t;....F:.ra ni.....diar....dhe wal..gh.....F:.rf dh.....t da=ad dpaff1 aprpq:..hica-i fpta;...., .. �t dpa a8 dflia r:�:nf{ d.:per:..fA Op: :1.... 4rrrdca-rrr-4r-m y cxc�e114e si ..�i.ni..id s d.....f dh an.....din �rbseckaon '..ar tires ay do...sh�fdca.....dh aa�denna faFraaa iax f naeard ave adh a spa day oa nnce t dhc andea ar a d.o....th_-kcrwea v-ka...o4rrkalc,...o.+ :i+(....f-1 pre d p.. -carat d 44Hw-4 as 4-H.....& ex44e 4-the:.....f awl pr a8y wa f.> 3. Major Modification—Required Permits. A major modification shall be processed under the same permit types as new towers located in the same zone and area. (See Table 29-1, Permit Table ot Ia;ble,,,2,.... ,;;;;, B. Coll �,ocation Capable—New Structures. To reduce the number of antenna support structures needed in the city in the future, the following standards apply to new towers 9 satin: 1. Requirement and Waiver. New proposed support structures shall be designed to accommodate at least two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived if such design is not feasible for aesthetic reasons, or necessary to preserve camouflaging or stealth strictures in residential or protected areas; or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible or creates an unnecessary and unreasonable burden, based upon: a. The kind of wireless rr r r facilities site and stricture proposed; or b. The member of existing and potential licenses without wireless telecommunications facilities spaces/sites; or c. Available space on existing and approved towers or other appropriate strictures. 2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either: a. Provide a written statement affirming that a master license agreement with another wireless provider or providers exists stating mutually acceptable terms and conditions for co -location for wireless facilities on the tower and site; or b. Provide a written statement affirming that the owner and owner's successors will negotiate in good faith for the co -location and shared use of the proposed tower by other wireless service providers in the future, and shall allow shared use of the tower if another „-serviceprovider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, constriction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 288/315 C. Coin E,ocation Encouraged—Existing Strictures. To minimize adverse visual impacts associated with the proliferation of towers, col -location of pe= a4 -wireless se4=w�kLe facilities on existing towers and strictures is encouraged as follows: 1. Co Vocation is permitted by right under a modification permit, unless the modification constitutes a substantial change to the tower and/or base station pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012/4 7 Ci, R Section 1.6100 '. Changes to tower height that constitute a "substantial change" as defined by subsection (A)(2) of this section are subject to all provisions applicable to new towers and base stations described in this chapter. 2. The city may deny an application to constrict new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on a suitable existing stricture or tower within one -c; ��4xi 11C 4+i4 -mile of the proposed facility. 3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co - location with competitors. D. Required Parking. Adequate parking shall be required for maintenance workers. ��, rn, I_ t:...,eti....441oo i 1001-1- a 4i14y-4()+.:.w4k-4 1ka.... a .4 '& .i0 ff F. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning districts: 1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC 15.29.050(B)(2) have been met. 2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet of an established or pending federal, state or local historic district or historic district overlay are facilities that may affect districts, sites, buildings, strictures or objects significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places. (See 16 U.S.C. 470w-5; 36 CFR Parts 60 and 800.) Applicant shall comply with applicable provisions of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein. 3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed to be located in a local historic district, historic district overlay, or other protected historic site, listed in the city of Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the issuance of any permit for the constriction, installation or major modification of wireless facilities in such areas. G. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of any necessary and appropriate building permits to accomplish such modification, subject to compliance with applicable permit requirements and fees. Applicant shall submit complete applications for all other construction permits necessary to accomplish the constriction. H. Financial Security Required. The applicant shall provide a financial guarantee in the form of a bond or other financial instrument acceptable to the city in an amount sufficient to reimburse all costs associated with facility removal should it be necessary. Chapter 15.29 WIRELESS COMMUNICATION Page 289/315 FACILITIES I. rrr.rr., 1-301@ r.,s¢�.rr�.fr. � � o�o .,o r. Small Wincless Facilities. I. Small wiicicssee�4 facilities ai4 located on x new :.,lrarlc,- Touadsi(lc cif; the pgblic right-of-way 1� 1 a c1il 1a�rdi d Fri l shall conform to the design criteria of YMC 15.29.070 -(.AES 2. Small wiicicsseed4 facilities installed on new polest a d -i klAy 44 s-ia,4 �l � - oyf-t 4i4 --shall only be permitted if the applicant can show that the small whcicss L2L facility cannot otherwise be installed on an existing pole or structure;-�w�4 kai--Jn the public right-of-way ±g:. 2±jywithin the area that the small1..:.wii.c:1.css facility r, s proposed to serve. 3. Small &�wiic le ss facilities located in the public right of way, whether on an existing utility pole or on a new structure, shall comply with the lollowin �j,si9 it d -ism a. Small &- wiicle ss facilities placed in the public right-of-way shall not obstruct bicycle, pedestrian, or vehicular access where access currently exists or is proposed to exist in the future. b. Small ee4lwnn.cless facilities placed in the public right-of-way and/or on public structures shall require a franchise agreement, master license agreement, or other legally -binding contract i fthe city deems app Irl rate. c. Permitting small lwiicicss facilities on city -owned infrastructure including street lights and traffic signals shall be determined by the director of public works. ,l Small e wincicss facilities may be modified under the modification procedures of YMC 15.29.120 (C). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.070 Design criteria. A. All wnt, lcss-facilities. except small �wncicss facilities..., to Y@1G" V529.070(ll) lie ytw, lsa� at lai &la a r8 sf � �s�r last ie; shall comply with the following standards: 1. Setback. A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. Except as otherwise set forth below, setbacks for facilities shall comply with the setback requirements of Chapter 15.05 YMC and Table 5-1. a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and antenna support structure are located in the city right -of -way -1 +wiwka4-4kcaWe-HH-a -ir-�aeh ! b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected area, towers shall be set back from all property lines a distance equal to one hundred ten percent of tower height as measured from ground level. c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height. d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless facility that constitutes a minor modification shall be considered in compliance with the setback requirements previously approved for the existing wireless facility. e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable if the antenna and antenna support stricture were constructed, or application for such construction vested, on a parcel created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless facilities constricted on and after the effective date of this code on parcels created pursuant to RCW 58.17.040(8) are subject to the setback requirements. 2-2. Tower and Antenna Height. The maximum height of a wireless facility is as follows: Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 290/315 a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility shall exceed the height allowed by the underlying height limitation for the zoning district in which the facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this section, the maximum height is sixty feet. b. In CBD and B-1 zoning districts, the maximum height is sixty feet. C. In all other zones, the maximum height is one hundred ten feet. 4 Iff-a*y a,o*+nt, kikd, dim-,pt4iE°- P+&�V e tk....4: 14ei++441e +r+H4 Ri4Ht..,44a--4k� 4AVea4...1.1—K— e-.(J... - aaa-i-aa-iaaauaaa"u-� i�,-iat-a�-gaaia--dFr aa -d 8-iaa pa::4..a.�.....�-rasa-ta��a-aa-i€�°�a-taFra�w....- e-cj... Strlcttlres that exceed the above height limits may be permitted by variance pursuant to the ,&441 .wi.1c,Le,ss height variance provisions of YMC 15.29.110. L3.. Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the surroundings or background, X%0i ccli minimizes their visibility, unless a different color is required by the FAA. Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through weathering, and to prevent flaking. 4. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required or allowed by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a distance that is three hundred percent of the height of the tower, then dual mode lighting shall be requested from the FAA. 5. Fencing and Security. The antenna support structure shall be secured against unauthorized entry. A well - constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by dense vegetative screen at least eight feet in depth along all visible portions of the fence. 6. Anti -Climbing Device. All support structures shall be fitted with anti -climbing devices, as approved by the manufacturers. 7. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site- specific basis, taking into account existing strictures and natural features both on and surrounding the site. When considering surrounding features that the facility is designed to reflect, nonconforming strictures shall not be considered; nor shall structures such as utility poles, signs, smoke stacks, mechanical equipment, utility substations, other wireless -based strictures or similar features that contribute to visual clutter of an area be used to determine an acceptable camouflage technique. In all zones, towers shall be camouflaged using the least visually and physically intrusive facility that is not technologically impracticable under the facts and circumstances. Camouflaging for new towers and base stations shall include the following: a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be required to buffer pr saw)*ai-wireless s v e- facilities to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other on-site features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. b. Buffers. The visual impacts of a pre+-,,+aaeai wireless r facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary strictures. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. The following landscaping and buffering shall be required around the perimeter of the tower and accessory strictures: Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 291/315 i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted around the perimeter of the fence. ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty- eight inches in height within eighteen months shall be planted in front of the tree line referenced above iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of three or more evergreen trees at least seventy-five percent of the height of the facility. iv. An automatic irrigation system providing irrigation as needed according to plant type, season and maturity of plantings. c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping improvements. In the event that landscaping is not maintained at the required level, the city after giving thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full, or may seek enforcement through any available remedy. d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are preserved, the following note shall be recorded on the property title: All trees within 50 feet of the wit less facility located on this property, which serve to screen the &-fie rii+HaLn-i 440 urs wit ci facility, shall be retained for the life of the& iC u a alis witcle s,s facility. Screening trees may only be removed if deemed diseased or dangerous by a certified arborist. Before any trees can be removed a report from the certified arborist shall be submitted to the City for review and approval. Unless approved by the City, only that portion of the tree required to remove the hazard can be removed. The City may require the trees to be replaced by the telecommunication provider. 8. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or protected area must be concealed within a stealth stricture unless otherwise approved through a wireless conditional use permit. Stealth structures shall be designed as follows: a. The stealth camouflage structure or facility must be compatible with surrounding development by being either similar in height to surrounding strictures or a sufficient distance from surrounding structures to create a significant visual separation„ b. Stealth designs shall reflect features that are indigenous to the area. , �-, c. Ttowers designed to look like trees shall be tree types that naturally or commonly occur in the surrounding neighborhood or district, shall be located within one hundred feet of existing trees, and shall not exceed the average height of nearby trees by more than tcn percent or tcn feet, whichever is higher. Towers that only add artificial branches, limbs, or other vegetative features while still maintaining tl appearance of a standard tower are not considered stealth designs. d�Towers designed to look like buildings or strictures must be of a design that reflects local architecture or stricture types. Towers designed to look like steeples on church shall be of a height and scale proportional to the building design (other churches in the area can provide examples of acceptable proportions between the size of the steeple and the size of the church buildings); es. , Ttowers designed to look like flag poles shall be tapered and have the common dimensions of flag poles, both in height and girth, and shall fly as least one flag on a regular basis. Tow @ s' ale -sig -Wal TM^ L-1, M. �40o roe al to th@ bui-Idli-ng r ff44ff r Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 292/315 fd. After completion of constriction, the antennas, towers and related facilities will be maintained within the stealth stricture so as to be concealed from view or be viewed as the camouflaging stealth stricture; and ge. The administrator may impose other conditions or mitigations reasonably related to such strictures as warranted by special conditions of the subject property and the type of camouflaging stricture, including but not limited to additional or supplemental setback requirements, maintenance requirements, and other measures intended to accomplish the purposes of this chapter and section. 9. Antenna Criteria. Antennasj--isi4k(4Hdi a way FrI Fr�7 �a& lam: a _on or above a stricture shall be subject to the following: a. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must for technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including parapets. c. The antenna, brackets, and cabling shall be constricted, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. Future or multiple installations of antennas shall ensure balance and symmetry when placing additional antennas on the facade of the building,. ed. The antenna may be attached to an existing mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. t€. - 4R+44,4tl i -t &€ � a 8rt t The antenna may be mounted on the roof if the following additional criteria are satisfied: i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. ii. Roof mounted antenna and related base stations are screened from view by materials that are consistent and compatible with the design, color, and materials of the building. iii. No portion of the antenna may exceed sixteen feet above the height of the existing building. iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum setback equal to the height of the panel antenna from the rooftop edge. v. Antenna, antenna arrays, and support strictures shall not extend more than sixteen feet above the highest point of the structure on which they are mounted. The antenna, antenna array, and their support structure shall be mounted so as to blend with the stricture to which the antenna is attached. The antenna and its support stricture shall be designed to comply with applicable building code standards. The antenna, antenna array, and their support stricture shall be a color that matches the field or trim color of the stricture on which they are mounted. _10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support stricture except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support stricture is attached. 11. Equipment Strictures. The standards for equipment structures (base stations) are as follows: a. Ground Stricture. Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 293/315 i. The maximum floor area is five hundred square feet and the maximum height is twelve feet, unless the applicant demonstrates that a larger area and/or increased height is necessary to accommodate the proposed facility and possible co -location. ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances. iii. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential strictures, including building form, materials and color. b. Roof Mounted Stricture. i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the exterior design and materials of the building. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted. ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five percent of the total roof area of the building the facility is mounted on, which may vary if co -location and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). B. Small &41w it cless facilities ut-��� shall comply with the following standards: 1. Height. 4 yra Pa a :`smallflI-wrrc�es5 facilities :;hall con fmin to the followng7,:D, P�—c-iL;hd Phn11 1.ton :jY Pa1.1...ac r,.....�.Pa P�s..Pat..h:..1 �rFr� lh�a fct �Ft �xwl BPS rri��rata h� f x t,te merltLite,d_on strgctuu_ s 50 lect o fiess n�a till inckfdin:D, antennas ot.. b z,t„� mounted on strUCtnres no mate than � 0 iicncent taffen than otrfict adjacent stnuu�°t�uncs, on c.......do not cxd,end cxisginf.? su UctUTes on which iti arc focatcd to a hei 1111 of 1nonc than .5dfcet: on b wVaicflpeve —is-or—eater. 2. Size. I-,+elari 7dins, ba , o+...e&t�nisaa1ti i€4ltat, tC°saaaania° ,� ep1�--&��r,ce-l-�-fla�PaaAa�.:�;.... fi��flaF�. .lai�'�-CD4`— °' 8- 1--fYl�$-�k� --t"P�' � .�..�- `'--�E:- 3 1-d--�fli4..°-l�E .&d���1�"�a--cza �:....flai-h.t kfla4..°4f44,, ....1..Pa.4 °+4' I a fa ad l +Wi+H a.... °� F:.r ` tai tfa v k 6 iia 4 1' , .. - t'. t D Pa a •� a a 1 a f1 f i y rsaa w wi w ,44 f it-- �v�tf 7 irk ,-40-stwe..444+o a+ + +4h+c � ° e-�1B-Srnaff witcfess facilities shaft rnect the foffowinf size limitations: ........................................................................................ z I',,r�h xnt, nnx,assOat associate(] with the d� pufoylncnt, ins°lu�din , zll exhOsed e elnentsis no i note thf,n,,, thnce,c,Ubi feet nn vra; tulnC,;. b All othet,,,,,wi el es ,,eclu�n4rrnent xsacrcnxtecl,�vnth tf,�, st���et,af,�e, nn�.�,tfclnnfD 117 wn� 4css �;rt��i rr1rcnt ssociatc(J.....witI....9.I.c..-an cn.n7.-7n.c�....tune cxn tiny a ociatecl eGt��ifrl�tent on the tn���°ta�nc i no rnone than 28 cuubic feet: in voluumc. ..................................................................................................................... 3. Color. The color of the facility, including, both antennas and equipment, shall blend in with the structure in which it is beim attached to or integrated with. Antenna, bracket and c..I fnhe ... .... ..... ... C OPOl O the stt; I tell e it is beinP xtt x� Wal to x.s lOsefy cl,s prO s s able... Chapter 15.29 WIRELESS COMMUNICATION Page 294/315 FACILITIES 4. Liahtina. Small &�wiicless facilities shall not be illuminated. 4.5. Noise. Small Awns c lc ss facilities, along with their associated equipment cabinets and other structures, shall not generate noise to a degree that they violate YMC 6.04.180. Passive cooling of facilities is encouraged. e , . a ,........e4ffdg�... r11 t 1 and qac Frau ::. s dna€ ¢�a� u l d acha b04+ -o -H Ia Frl 1 �u 15.29.080 Site selection standards. [1 c,,,toILow n.. site selection stanclanis shall a r:rl to all witcless ftc iIi.tics ,,,ex�elrt i`o� small wi�cicss 1`a�°ilitics Irnttlua�sccl on an cxistin�, on nciocad:cci �olc. A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the east by 16th Avenue, and on the south by Tieton Drive-, (b) established federal, state or local historic districts or historic district overlay zones-, (c) proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings, strictures or objects listed in the National Register of Historic Places-, (e) state and local wildlife refuges, and permanently protected archeological sites-, and (f) designated areas subject to preservation or protection through recorded conservation easement. B. Discouraged Areas in B-2 and SCC Zoning Districts. New antennas and antenna support strictures should be avoided in the following locations within the B-2 local business and SCC small convenience center zones when possible: 1. Within three hundred feet of residential areas. 2. Within three hundred feet of protected areas. An applicant I� __t wireless 1 c.ility other than a small wxicicss facninty in the ROW, that wishes to locate in these areas shall demonstrate that a diligent effort has been made to locate the proposed airataar wnne,css,,,,, facilities on a site, private institutional structure, or other appropriate existing structures more than three hundred feet from residential zoned districts or more than three hundred feet from a protected area, and that, due to valid considerations including physical constraints,,.sjteavailability, and technological feasibility, no more appropriate location is available. Such antennas, antenna cct��i��1�Ycnt, towers and related facilities may be approved by the administrator, subject to the administrator's approval of camouflage or disguise by stealth. Such proposed strictures are also subject to the balloon test and/or photo -simulation requirements of YMC 15.29.130 in order to assist the administrator in determining appropriate camouflage and/or stealth requirements. C. Priority of Locations. The order of priorities for locating new personal wireless service facilities shall be as follows: 1. Col- location (see YMC 15.29.060(B) and (C)). 2. Industrial zoning districts. 3. Public property (see subsection E of this section). 4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers). 5. Local business district (B-2) and small convenience center (SCC) zoning districts. Chapter 15.29 WIRELESS COMMUNICATION Page 295/315 FACILITIES 6. Residential zoned districts. 7. Protected areas. D. Site Selection Criteria. I. Any applicant proposing to constrict an antenna support stricture, or mount an antenna on an existing structure, shall evaluate different sites within a one -quarter -mile radius to determine which site will provide the best screening and camouflaging while providing adequate service to satisfy its function in the applicant's system. If the applicant proposes a site that does not provide the best opportunities for screening and camouflaging then the applicant must demonstrate why the facility cannot be located at the site where it can be best screened and camouflaged and why the antenna must be located at the proposed site. 2. Wireless facility installations, including any low power mobile radio service facilities, shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other strictures provide the greatest amount of camouflage. E. Siting Priority on Public Property. I. Order of Preference. Where public property is sought to be utilized by an applicant, priority for the use of government-owned land for wireless antennas and towers will be given to the following entities in descending order: a. City of Yakima, except that any facilities proposed for location within the airport safety overlay (ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC; b. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Yakima and private entities with a public safety agreement with the city of Yakima; c. Other governmental entities, for uses that are not related to public safety; and d. Entities providing licensed commercial wireless � irnaLaH4 4i services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public. 2. Subject to City Discretion. The placement of wireless service facilities on city -owned property is subject to the discretion of the city and approval of lease terms that are acceptable to the city, and must comply with the following requirements: a. The facilities will not interfere with the purpose for which the city -owned property is intended; b. The facilities will have no significant adverse impact on surrounding private property, or any significant adverse impact is mitigated by screening, camouflage or other condition required by city; c. The applicant shall obtain adequate liability insurance naming the city as loss payee and commit to a lease agreement that includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of removing the facilities; e. The lease shall provide that the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice the city may require Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 296/315 the applicant to remove the facilities at the applicant's expense.ii c I s.s..._facilities serving essential government services and other government agencies shall have priority over other users; f. The applicant must reimburse the city for any related costs that the city incurs because of the presence of the applicant's facilities; g. The applicant must obtain all necessary land use approvals; and h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the member of cell sites requested. F. Special Requirements for Parks. The use of city -owned parks fort�,Oaaa4 wireless se4:vk e -facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met: 1. The city parks commission has reviewed and made a recommendation regarding proposed �,�w+R4- wireless sv-e-facilities to be located in the park and this recommendation has been forwarded to the city council for consideration and approval; 2. In no case shall i+et-�FrirR4--wireless s v -e-facilities be allowed in designated critical areas (except aquifer recharge areas) unless they are col, -located on existing facilities; and 3. Before i+et-�FrirR4--wireless -e-facilities maybe located in public parks, visual impacts and disruption of normal public use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.090 Safety and industry standards. A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within six months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for revocation of permit. B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (`EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty days, the city may remove the tower at the owner's expense. C. V,a4uMth M Standards.::.:.Fr ii &� Fr�r;&t d ai da up pli 4 11 d cr.p ... 1� W,4.4..�.1� F�}; ���d� a a�u. a -Ha ai 11:wH4+H-w:... as ,ARd4Vv4ae(J a"Iie- d4nwa btFidil+tl.....:prC-F4u+it.s...4 C-Fgk"AQ(J No jw+-� r +a4 wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards. asa wl G "G= w i.-aea dy R4Fra.4 14+e-i4N1ka.qty ,4 a..i4. 4a44y sp=a& Ri40H,44-La a a Fra:...s4R4 {4e....:Wi44+44e... y r ° 11+41+4-0I;.yr q.s....:' i-H:iff 4WeI-Ve 1: (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 297/315 15.29.100 Wireless conditional use permit criteria. A. Uses Requiring iteless..Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC 15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the hearing examiner. B. Criteria for Granting G=-4�44a+-W I„eles,s,,-Conditional Use Permit. Before any conditional use maybe granted, the hearing examiner must find that: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is located-, 2. The proposed use shall meet or exceed the performance standards that are required in the zoning district the proposed use will occupy-, 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design-, 4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy plan-, and 5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with surrounding development. The hearing examiner may: 1. Increase requirements in the standards, criteria or policies established by this title-, 2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic-, 3. Require structural features or equipment essential to serve the same purpose set forth above-, 4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters-, provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in matters for which a variance is the remedy provided-, 5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located-, 6. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need-, and iel-•wl-l-g-ld;.y....�r��1-dam;.....,. ,....�-r�&-s�{=-c° -di � ��t�ia-t�Fr��u�w�-4=g-1�..a�t--t�a�ad., , y 9w� uprprhdivaa9�° Chapter 15.29 WIRELESS COMMUNICATION Page 298/315 FACILITIES 1�...D.. Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a ....... conditional use permit shall be final and conclusive with right of appeal to the city council in accordance with YMC 16.08.030. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.110 Wireless height variance. A. Applicability. AlCa��'..:wit :„e,l,e,ss, height variance is required for any major modification to an existing tower, antenna, or base station or constriction of a new tower, antenna, or base station that requires a height in excess of height limits defined in YMC 15.29.070(2). B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the conditions as set forth herein have been found to exist. A wireless height variance is subject to: 1. Compliance with standard wireless permit standards of YMC 15.29.120(D); 2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and 3. All of the following criteria must be met: a. The additional height is necessary to provide adequate service 4* iw4 s-44 1.4+e-e4.y--and no other alternative is available; b. A significant portion of the tower and related facilities are screened by existing evergreen trees or existing strictures; c. Strict application of current height limits would deprive a tower or antenna operator from achieving the minimum height required to meet the proven Lco*H- Llai own11e,Ie,s,sneed- d. The stricture for which the variance is requested is in harmony with the general purpose and intent of this chapter; e. There are special circumstances applicable to the subject property such as shape, topography, location, or surroundings that prevent the operator from achieving the minimum height required to meet the proven communications need; f. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity; g. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or screening as defined by this chapter; h. The location of the tower and antenna has been chosen so as to minimize the visibility of the facility from residentially zoned land and to minimize the obstruction of scenic views from public properties; and i. The variance is the minimum necessary to grant relief to the applicant. C. Decision. Based upon the information provided by the applicant, the results of the ��visual impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may: 1. Approve an application for a variance, which may include additional requirements above those specified in this title or require modification of the proposal to comply with specified requirements or local conditions; or 2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B of this section. D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all of the criteria in subsection B of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.120 Application review process. A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for his or her proposed wireless facility, what additional information or studies may help in the review of the application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 299/315 may help to identify protected areas and may also suggest vantage points from which a visual impact assessment should be based. B. Review for Completeness. The administrator shall review each application for completeness as specified in YMC 15.29.050. After review of the application, the administrator shall issue a determination of completeness or incompleteness in accordance with Chapter 16.04 YMC. In addition to information required for a complete application, the administrator may request additional information from the applicant to review the proposal and determine compliance with the provisions of this chapter. Except for the timelines specified in subsection C of this section for applications to modify an existing wireless facility or base station ran an..a r-iieadion I'm small witeiess facilities in,-d(i�,,,-Row such administrative review, processing and issuance of administrative permits shall comply with the city's timelines and procedures governing review and issuance of administrative permits in Chapter 16.04 YMC. C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall be reviewed as follows: 1. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete application for modification, the administrator shall review and issue a written determination as to whether the requested modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The administrator may request additional information from the applicant or any other entity to assist in this determination. 2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the administrator to be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a modification permit, which may include conditions necessary to achieve compliance with the provisions of this section. Issuance of the modification permit shall occur within forty-five days after receipt and approval of a complete application for a modification permit. 3. Finding of Substantial Change—Major Modification. If the administrator determines that such application constitutes a substantial change to the physical dimensions of an existing wireless tower or base station, he shall issue a written determination that the change is a major modification and direct the applicant to submit the appropriate application(s) as specified in Table 29-1 and YMC 15.29.050. D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications shall be reviewed as follows: 1. Administrative Decision. All standard „-applications shall be subject to administrative review and decision unless they require an associated wireless conditional use permit or variance as specified in Table 29-1 or 'll hl4 29-1 `i 2. Camouflaging/Stealth Review. The administrator shall review the proposed method of camouflaging or stealth against conditions on or surrounding the site as follows: a. The administrator shall consider how proposed design of the tower, placement on the site, topography of and surrounding the site, color, structures on and surrounding the site, and natural features on and surrounding the site help to blend the wireless facility into its setting. b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon lines of sight or vantage points identified by the administrator. c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the wireless facility into its setting. The administrator may impose conditions to ensure that the facility achieves this objective. 3. Compliance with Standards. The administrator shall review the proposal against all other standards of this chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co- Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 300/315 location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the administrator considering the scope and complexity of the required revision, revised plans to address the compliance issue, or direct the administrator to render a decision on the application as submitted. 4. Written Decision. The administrator shall issue a written decision on the application within the time frame specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any conditions necessary to achieve compliance. ink- i=rti-a-kRfit.. p; r�a�d, Ir k) i-,sua =. ui... iai w dy....i41 iw f)t4KH4 -o-_ 5.2 9. dd44--}- 5. Appeals. The determination or decision of the administrator on any application tinder this chapter shall constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC. E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as follows: 1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted to the administrator, who shall review such application for completeness and compliance with filing requirements under this chapter and applicable codes of the city, in accordance with the provisions and procedures of YMC 1.43.090 and YMC Title 16. 2. E,44 �Fe4,,�--Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for both a balloon test and visual impact assessment.-`fhe-ad-na- �444*--uu-+� +vi �-,-mf)ti 0+1-4044 d k.....i.i-n-> :....d h a i , < �v4i(444+e,4s , ' i+ff ��wu-48--wi44 -- i E i The is rd m4 -visual impact assessment shall be completed prior to the scheduled public hearing. 3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional information and reports from the applicant necessary to facilitate analysis of the proposal, including but not limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life, health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with reasonable probability, to result from the proposed project. 4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in compliance with filing requirements of this chapter, and that required Nu -i )) sts, visual impact assessments and other required reports have been finalized, the administrator in coordination with the hearing examiner shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the provisions of YMC Title 16. 5. Hearing Examiner—Procedures—Factors. When considering an application for a conditional use permit, the hearing examiner shall consider the applicable standards, criteria and policies established by this title as they pertain to the proposed use and may impose specific conditions precedent to establishing this use. F. Wireless Height Variance Review. A wireless height variance shall be processed as follows: 1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval defined in this chapter. 2. Ef44*�nFe4,,�--Visual Impact Assessment. The administrator shall instruct the applicant on the requirements for t=ol.ii-a i io+*+4,u �4. m4 -visual impact assessment. The tel ai a du�ut a �� 7 qr � a dk.....i. ff.-4...d4+ai- e-, &4a , u v i uFruua wisi a upas..... �'Hff) C 4-Will...k Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 301/315 4m�aI. 4o4 -h dh �4� visual impact assessment shall be completed prior to the scheduled public hearing. 3. Third -Party Review. Applications for variance may also require third -party review as described in YMC 15.29.140. 4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal complies with the criteria for a variance and with all other development standards of this chapter, he shall approve the variance and the associated wireless facility. The examiner may impose any conditions necessary to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.130 PW44mm-4e�—Visual impact assessments. A. I?o-ai1o0 aA st....:uu ue4a.....¢. ..p .. des k's-F,kt iFe(-dux F)Ubke ix O ng a �� flue agrp td a � a " a' n u➢ i $ E% D. R t Ot 4h�4h d 4 " u�pa , , ..q��..d---a���:....d-flan-adi����c•��na...�ay--I�h+��,-�ufl- , ' +:k�-4=',, ' ;.i��--tn��-xl-����nn--i��..hd �-4=-�inFryrsa�w�- 3 I ioo*4,e,:4...sli* b : A-4", ¢gin wk gw....pn 1 gine Fr1 dui -�o-s t d t In;a w�-ya�up- qty 1: ��-- 8-ins-r1=d-Va y- � _il. mad-i���--�c•�rty--k-�✓ ° ,,� , ,. s4Ak. 'n , �-- upapaVi apfff a& y....8h :...� _ .. :...�. Fr1=dI�, yam... , � Sana:}....,:�-�;--�-n. .. nd`n--� .. ��aac-V &-4a = s��--�Ia-•�C-rrdV-kFr�•wV- �apr� �Vy :...�Va�a--tnV-1�;-��a&�.�., , ...tl"-��-rs�pa . , ,...:taa�aa�,�_.;.�V-VI-9a, . d -d , dV�, ,:�•V� a�<aan-x�a�c:°-�an� lo-;.,. Visual Impact Assessment. A visual impact assessment with photo -simulation of the proposed facility is required for all applications that require a conditional use permit or variance, and may be required by the administrator for any other application deemed necessary by the administrator to assess visual impacts associated with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall include: 1. Zone of Visibility Map. If a new tower or substantial modification increasing the height of an existing structure is proposed, a computer generated "zone of visibility map" at a minimum of one -mile radius from the proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed installation may be seen. 2. Photo -Simulations. Pictorial representations of "before and after" (photo -simulations) views from key viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and distance from the proposed structure. 3. Description of Visual Impact. A written description of the visual impact of the proposed facility including, and as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of camouflaging. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.140 Third -party review. Pei:4o*m4 w ireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their wits l s,s„-services and 4*W- �w� -u a1- 4"ea: -e-facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a Chapter 15.29 WIRELESS COMMUNICATION FACILITIES Page 302/315 provider. The city may require a technical review as part of a permitting process for a variance or conditional use permit. The costs of the technical review shall be borne by the provider. The selection of the third -party expert may be by mutual agreement between the provider and the city, or, at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site- specific review of technical aspects of the facilities or a review of the providers' methodology and equipment used and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the city may require changes to the provider's application. The expert review shall address the following: 1. The accuracy and completeness of submissions; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; and 4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013- 051 § 2 (Exh. A) (part), 2013). 15.29.150 Nonuse/abandonment. A. Notice of Abandonment. No less than thirty days prior to the date that a y rs<r i aw�4e ss-se�Fv4�e provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a lit et -se - ,&& Wovi(j„e,t„ fails to give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional period of time determined in the reasonable discretion of the city within which to: 1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or 2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co -locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to nes H+M-wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height ort 3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the sixty-day time period or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider's expense. If there are two or more providers co - locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not become effective until all providers cease using the facility or Y YY YII 7�C rZMGef11 y from YE�, `r �a rc��yu.,�,.� ���, CYr uY4"�t14yQ ��j, of CHIC ZIP, )u Yy 4,,,,. uY �Y.`���14 Q YY�, 174 �� CI�,Y 17(4 �,,, YZMGef ll Q,i y rliall [Y l�4 ZNGUY` C(� fr YZNGI 174 wif iI�, �)uY l4 �f (lam f is (",�tCN r{ QI ICY 1174 �)u YA4 as a G tC lI uY l.,�I 174 4 �K Cy,�iI4 �j,4"4 all oG.,,,,,,,, I INtma aY1 lMlc small c° 11 1ft4°111,1 lull lY(, I`c r )uYl rC YC4 fo all 4 osY r of r �7air alW or I`c 71„;t4°S INtc Ill, o1..., is Q ..., y. I"411-�b�lE 4) a rZMtet wnn�, f,. `r ti'i ..,. I�, )4Y 4 1NI�I 744. r i 4Y11,4 I4Y 174 I'If 71 `� rt r rt 141: 1N I 4Y I,, 74 l�4 111 fit 4Y LtcilL 1uY4°a 4, b 1IM1111 a`;t C II I �„ r forall o rI r 4,1 l4 )it'xl itl or iH it l4 �) it4"4 (Mt4 I1,I 4Y ...I 74 I'1 rr ),II -4Y 1-�`W�e i B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). Chapter 15.29 WIRELESS COMMUNICATION Page 303/315 FACILITIES 15.29.160 Transfer of ownership. A conditional use permit nuns with the land; compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the applicant or a successor. No permit for which a financial security is required shall be considered valid during any time in which the required financial security is not posted. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.170 Vacation of permits. A. Any permit issued pursuant to this chapter may be vacated upon approval by the current landowner; provided, that: 1. The use authorized by the permit does not exist and is not actively being pursued; or 2. The use has been terminated and no violation of terms and conditions of the permit exists. B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the filing of a notice of land use permit vacation on a form provided by the community development department with the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.180 Violation—Penalty. Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any violation of the provisions of this chapter, and any installation and/or operation of any stricture in violation of the provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies available under state law and city codes. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies available under state law and city codes. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.190 Relief, waiver, exemption. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such, pursuant to and in compliance with the applicable provision on general variances as contained in Chapter 15.21 YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016- 029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013). 15.29.200 Severability. a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect. b. Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or riled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013. Verizon Small Cell Designs eriz;on © 2017 Verizon. This document is the property of Verizon and may not be used, modified or further distributed without Verizon's written permission. Utility Pole Install — Seattle Verizon' Utility Pole Install - Bellevue verizon Bellevue, WA (North Bellevue) 15 Nodes - PSE Poles Light Standard verizon Light Standard verizon/ Minneapolis, MN Kansas City, KS Smart Pole Design External Cabinet Design Internal Cabinet Design Verizon/ Wireless Only Pole Denver, CO verizon Equipment Inside of Pole Base Wireless Only Poles verizon Strand Mount - Simulation verizon Spokane/Avista Pole Top - Simulation 111 27¶ 4 SHROUD" TO FIELD TRIP0MI TC-) AVC GUSSE I I -----------------I------ ------ - --- 4G ANE 5G CONFIGURATION 4G AND 5G CrOFIGURATION verizon/ Illlliiiiii 111 114P, 1� 0�111111'Mis a a I M There are no known adverse health effects from cell sites and no health risks to the general public have been shown. The FCC has pointed out that the possibilities are remote that a person could be exposed to RF levels that exceed the FCC guidelines. c You can find the full FCC guidelines for Cellular and PCS Sites at: l'it:,tp:,I "www (:.(:.-,goal(:.- bl((:-otisLittier(:.t: rfpx osLire.lit,itiI In addition, the American Cancer Society (ACS) affirms the FCC's conclusion stating "at ground level near typical cellular base stations, the amount of RF energy is thousands of times less than the limits for safe exposure set by the FCC and other regulatory authorities." The ACS also states that it is "very unlikely" for an individual to be exposed to excess RF levels just by being close to a cell site. According to a report on cell sites, the ACS confirms that most scientists believe that cell sites and antennas are unlikely to cause cancer or result in health problems. c You can find the full ACS report at: littp:,lwww ,(. tidasorLL7l ` tid:erICatid:erCoLisesl'Ot:.lisr ` r(:.itiogetis, At'lldottie,,l((:-eilLil r.. tiotie��towers Furthermore, the World Health Organization (WHO) confirms that RF emissions diminish rapidly with distance. Likewise, the WHO states that studies have not shown a correlation between exposure to RF emissions from base stations and an increased risk of cancer or any adverse long or short-term health effects. c You can find the full WHO report at: 6 AT&T builds and maintains all cell sites and antennas in accordance with FCC guidelines for human exposure to radiofrequency (RF) fields. The energy from the antennas on cell sites decreases with distance. Asa result, ground -level exposure is much lower than if a person were very close to the antenna and the main beam. The FCC's RF exposure guidelines recommend a maximum permissible exposure level to the general public of approximately 580 microwatts per square centimeter. This limit is many times greater than RF levels typically found near the base of cell sites or in the vicinity of other, lower -powered cell site transmitters. AT&T� „mnoioomlf�l�� �,�,N KENT NODE 1 - STEEL POLE ����� IIII��"IIIIs�IIim cloteleat 1 MA ly 821 GENT RAL AVENUE 5 KENT WA 98032 SII NIMIICL,.Q�&91m11 w irr a c e s II i e I; I!1 µ it ii r g c L..i s t, o ' r e ir. s fa s t, e ir. d o w ii, i o a d s e e d s, rIT I! µ) ir. ( v e d c a cwj u.a a a ii, i d a ii, i o v e it a 11) e ....e ir. w � e s s x I;::e e ii, i c e. Consumers and businesses are using their mobile devices more than ever before to connect to everyone and everything around them. From January 2007 through December 2017, AT&T experienced a 360, 000% increase in data usage on our network. And, as streaming video continues to become more prominent and new apps and services are introduced, this growth in data use will continue to rise. With this increased demand and pressure on the mobile network, AT&T is thinking of more innovative ways to enhance our network, prepare for the next generation of technologies and services and provide a better experience for our customers. One of these solutions is the deployment of small cells. WIh,iL s ri �nn, iIV c ell? Small cells are flexible network solutions that can be readily deployed to specific locations, including those where customers are prone to experience connectivity issues or in areas that can't effectively be served by a traditional cell tower. Small cells provide enhanced voice and data services by helping to bolster network capacity to allow faster downloads and improved call quality within its coverage area. Small cells are low profile, compact, scalable and unobtrusive. Depending on the need, small cells can be placed in buildings or outdoors. When placed outdoors, small cells can be attached to existing utility poles, light poles, traffic lights or exterior walls of buildings. And indoors, small cells can be placed above ceiling tiles, attached to drop ceiling mounts or placed in telecom closets. V\i1ha; "a i, e e 1e1 efiI s a11d "o i, loses of a si r laH ceW,? Small cells are often used in dense urban environments where capacity is an issue or in places with particularly difficult geographical challenges where coverage is an issue. Small cells are used to densify AT&T's network. This allows us to provide abetter LTE experience today and also allows us to prepare for future technologies. The size and flexibility of small cells helps AT&T target areas needing additional capacity and to address localized coverage issues. Where traditional macro cells are the best solution, we will deploy macros. Where small cells are the best solution, we'll use small cells. Small cells can also help improve service in small geographical areas and in more sparsely populated areas. Small cells work to more efficiently use spectrum, which is a benefit to our network and users overall. However, small cells do not replace the need to continue acquiring spectrum. • AT&T looks to see where we might have potential performance challenges within the network and uses that data to help guide where we need to target the small cell solutions. • Speed, cost, flexibility and scalability are all vital to determining if small cells are the right fit. • Local zoning and permitting restrictions are always taken into account. Local officials and leaders can facilitate the deployment of small cells to bring their citizens enhanced network coverage and capacity by establishing streamlined permitting processes and/or universal Master Leasing Agreements (MI -As). • Small cells are not the right solution for all areas, but they are an important innovation that will help provide an enhanced mobile experience with faster downloads, higher voice quality and more seamless coverage. `arr7�:rll �;E.rllwrr�rr:,vrr�E. �rr�r�rr�rr;,rr�rl rrE.:l�lnir�,r.l,:'r;�rrn�r_;rr�y��rllr,rnirrr��� �a,; r�r;, r�E.11�E:ir I�E.E.:�i �a�i rnirrrr �;�rwrr�r,rrrE.,,r.. rrrorr(I (()r h(E:,tt( r, lrrwrr'E.r r rrr wrrr7�rrrE,r rE.:�rrrr,lr,��rE�.wr�rrrr wrE,^rvr�,E.^wr. © 2017 AT&T Intel IectuaI Property. Al I Rights reserved. °�°°°uum�iimw➢o�V011110(VII���� e ��°0pj�immumiooumu�lUU111�III�IIl�I�IUI��� oiom�mwouomooj0' if ; I II°�..��I 4 � � .. �. `� `: I II ��.. � . ;ICI°..�I I°M °CI°..�I �....1J I,, �I w .,� �. `� ``: AT&T places the safety of its customers, workers, and communities first, even as we begin deploying next generation technologies to keep you connected. Below are some things to know about the safety of RF signals from small cell facilities. a a:)),aa. ut.`r'' au,,o¢u.11 irrroP:.::..flllfr ¢u.11fr vac 1)) iifoii ar(oar"i fr aire iii rrol),ii o vfr ¢..II wW-irrirrroallI I cells. Because small cells help optimize the network for its users, it reduces the power and radio transmissions— including RF energy— mobile phones use to make calls and send data. • This helps mobile devices deliver increased data capacity, faster connectivity speeds and an overall better wireless experience, while helping maintain affordability for consumers. (oJ Sirr,41 celIec1. '(cuid1airrCuadi�irrA ceIICoreiryv Small CII5typically are Ioate30 feet or more above the ground on light, traffic, or utility poles. Small cell facilities operate at power levels lower than antennas on cell towers. These low power operations reduce the chance that they will interfere with each other. (� r" 'Yi afr s arra Yi. a., i:1 011niIl),II�' v��atll„rl Yi.I ie II CC ii egi,.cIIaYi.aouo1 tII iaYi. IIiiirrouYi. II"ii,,.carriau"o �u�°l>d111 y � II �a�y ulii l` e)eJ)�(PrsIJ;II e to sIIgIr~nalse • Those regulations were developed by expert scientists and engineers after extensive reviews of scientific literature related to RF biological effects and supported by other federal agencies (e.g., U.S. Environmental Protection Agency, Food and Drug Administration, National Institute for Occupational Safety and Health and Occupational Safety and Health Administration).' • These limits are conservative, with a "prudent safety factor," A which has been described as a fifty -fold safety factor below known potential health effects from RF exposure.' And, small cell facilities generate RF exposure to the general public that is hundreds of times below conservative FCC limits. • Government agencies continue to monitor the science to determine whether changes in safety limits are needed to protect human health. bu ll lna s a ii ugoroi,.�),'z rrafeYiy l:)) P giraiirr'i. All of our wireless facilities, including small cell deployments, are designed and built to comply with the FCC exposure limits. • AT&T's small cell facilities will comply with the RF exposure limits. As we coordinate with state and local officials to deploy small cells, AT&T is committed to working with communities to provide the best possible service in the most responsible way. 1 See, httpsi//www.fcc.gov/engineering-technology/electromagnetic-compatibility-division/radio-frequency-safety/faq/rf-safety#Q5. 2 Id, 3 Testimony of Christopher C. Davis, Professor of Electrical and Computer Engineering, University of Maryland, before the Michigan House Energy Policy Committee (May 29, 2018), available at http://www.house.mi.gov/ShaFedVideo/PlayVideoAFchive.htmI?video--PNPR-052918-2.mp4 (Prof. Davis Testimony). 4 Prof. Davis Testimony. See also, Evaluating Compliance with ECC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, OPT Bulletin 65, at 14 (1997) ("For antennas mounted higher than 10 meters, measurement data for cellular facilities have Indicated thatground-level power densities are typically hundreds to thousands of times below the new MPP limits") 2018 AT&T Intellectual Property. All rights reserved. AT&T, the Globe logo and other marks are trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. &+rl�rrilliiiii�((d@ ����nmrm000N� AT&T '°'viouwxrramllllNpl��l((�) 566PIE 1ndustri'ES)- TGARD-004-A 8330 Southwest Greenway Boulevard 7/23/18 Beaverton, OR Applied Imagination 510 914-0500 OREGON STEEL LIGHT POLE NODE 1 A iii riiisrim Glotelt,at&t o� luau c;�I�Illlfi!rYOGf 2 22555 SW HIGHLAND DRIVE rJ iieQw OOD DR 97140 OREGON STEEL LIGHT POLE NODE 1 A iii riiisrim Glotelt,at&t o� luau c;�I�Illlfi!rYOGf 2 22555 SW HIGHLAND DRIVE rJ iieQw OOD DR 97140 City of Yakima Planning Commission April 10, 2019 Affordable Housing 1. Background On March 12, 2019, the City Council held a study session where it was moved and seconded to send the following items to the Planning Commission for further review and discussion: a. Review options for zoning of additional land for multi -family construction b. Analyze the Zoning Ordinance (YMC 15) & Subdivision Ordinance (YMC 14) for regulatory strategies c. Analyze the R-1 Zoning District to determine if more density should be allowed in the R-1 zone d. Review techniques used in other cities, especially in the state of Washington, to encourage new housing of all types e. Review the concept of Inclusionary Housing Ordinances that require set -asides for affordable housing or payment into a fund for affordable housing. Seattle and Portland have similar ordinances with mixed results f. Review short term rental zoning and licensing regulations (AirBNB or VRBO) 2. Options Presented at March 27, 2019 YPC Study Session • Modify "Dwelling, Multi -Family" to include any property with 3 or more dwelling units, regardless of type (single-family, duplex, triplex, etc.) 15.02.020 — Definitions: "Dwelling, multiple -family" means a structure or structures, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more a#ached dwelling units on a lot. Any c�irr�J .irna ion cel Multi le- ............................ ......... p family.x.........11.11 and detached single-family dwellings thatiirn air aide a o Ute.... e '{ e. i�'w....{�"i=tlr.....;:W{�v.;� .. �. n....::a6- SII. y a.n.d have a common driveway access on a single lot of record, are considered multiple - family development. • Reduce level of review for certain densities/zones 15.04.030, Table 4-1 — Permitted Land Uses: • R-1 Zoning District 15.03.020(B) — R-1 District Intent Statement B. Single -Family Residential District (R-1). The single-family residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district, which may include duplexes and zero lot lines if established during the subdivision process u ? to 10% olf new hots lin a sulfadlivlislion can Ifae desk Hated Ifoir p.......................................................................................................................................................................................................................................................................................................................................g............................................................. rn ; ��„� ox constiruct ,,,, SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 RESIDENTIAL Accessory Uses (*) See YMC 15.04.060 Detached Single -Family Dwelling (*) 1 1 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit (*) (See YMC 15.09.045) 2 2 1 1 Existing or New Detached Single -Family Dwelling on Existing Lots of 8,000 Square Feet or Less 1 1 1 Detached Single -Family Dwelling (zero lot line) (*) (See YMC 15.09.040) 2 2 2 2 3 3 1 3 3 3 3 Attached Single -Family Dwelling, Common Wall (*) 2 2 1 1 3 3 1 2 2 2 2 Two -Family Dwelling (Duplex) (*) 3 32 1 1 2 2 1 2 2 2j.. 2 V�n,„,-i 4arxAl D�o�Iline l rlex '° urto. 0% art lots in a au{ SubdiA kion ................................................................................................................................................... Converted Dwelling (*) 3 12 2j.. 2j.. 2j.. 2j.. 2j.. 2 2 2j.. 1 Multifamily Dwelling (*): 0-7 DU/NRA 2 2j. 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 32 1 2 2 2 2 2 2 2 Mixed -Use Building 1 1 1 1 1 1 1 Planned Development (*) See YMC 15.28 Mobile Home Parks (*) 2 2 1 1 2 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04.160 Retirement Homes (*) 2 3 1 3 1 1 Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2 • R-1 Zoning District 15.03.020(B) — R-1 District Intent Statement B. Single -Family Residential District (R-1). The single-family residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district, which may include duplexes and zero lot lines if established during the subdivision process u ? to 10% olf new hots lin a sulfadlivlislion can Ifae desk Hated Ifoir p.......................................................................................................................................................................................................................................................................................................................................g............................................................. rn ; ��„� ox constiruct ,,,, 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one- and two-story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. • Consider increasing the maximum lot size for single-family homes on existing lots in GC/RD/M-1 zones, also adding duplexes See attached map showing location of existing single family homes in the RD, GC, and M-1 The modification to Table 4-1, based on the average size of existing lots, would be: Existing or New Detached Single -Family Dwelling on Existing Lots of - „ ,S -u .II....:4 .0 25 aches or Less The reasoning behind this proposal was: • There are 637 existing single-family homes in the RD, GC, and M-1 zones • Most of these parcels are located in census tracts that qualify as Low to Moderate Income (LMI) • Similarly, the majority of the properties are considered to be in Fair or lower condition by the Assessor � Row Labels I - Sum of ACRES Count of CONDITION -i GC 75.1.1 365 <U1111 0.59 ,AVE/GOOD 0.5G 2 AVERAGE 5„76 32 FAIR 37„55 1,38 EMIR/AVE,RAGE, 1.6„23 65 LOW11EAIIIR 11..69 62 LOW-COST 2„73 1.2 -M-1 701.8 242 AVERAGE 16„97 40 EMIR 36„2,2 144E EAIIR/AVERAGE 8.65 25 LOWIEAIIIR 3„32 1.9 LOW-COST 5„64 1,3 -i RCE 10.116 10 AVERAGE. 0.52 2 EMIR 4„63 1.6 EAIIR/AVERAGE 1..2.7 3 LOWIEAIIIR 2„65 7 LOW-COST 1,r04 2 �G ra ndl Tota I 156.107 637 Figurel - GC, RD, M-1 lots with Single -Family f"lCmes • The Nonconforming Chapter (YMC 15.19) only allows reconstruction of a nonconforming structure if it was damaged 3 One option to allow the continued use of these properties, while still maintaining the long-term goal of commercial or industrial development (i.e. not increasing the lot size in Table 4-1), would be to allow the reconstruction and maintenance, outside of a structure being damaged or destroyed, of existing single-family homes: 15.19.050 Continuation of nonconformina uses. A. Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful. Any change or expansion of the nonconforming use shall be made in accordance with the provisions of YMC 15.19.070 or 15.19.050. B. Continuation When a Nonconforming Use is Damaged or Destroyed. When a nonconforming use and associated structure are damaged, the nonconforming use may be replaced as it was prior to the damage. If the structure was also nonconforming, the structure may be rebuilt as it was immediately prior to the damage or in a manner that is more conforming in accordance with YMC 15.19.050. C. Contlinuatlion of I�Vonconlfoinn�lin Clin Ile ll:airr�lill IC:�welllllin s. I[:::::xlistlin Sin Ile ll::airrilill IC:�welllllin s lin q,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,q......................... the Coirniirnieircliall and Ilndustirliall 2onlin Il").istirlicts imaIfae expanded ireconstiructed 2[ irebulillt lin accoirdance wlith theirovlislions of YMC Ch. 15.1 T Modlilflicatlion . ............................................................... .............................................................................. U.....................................................................................................................................................................................................C................................................................................... )...... 15.17.020 Modification to permitted development and uses regulated. ....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ......... Minor changes to existing or approved Class (1), (2) or (3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed below. Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class (1), (2) or (3) use or development. A. The modification will not increase residential density that would require an additional level of review; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area.., ..l..he ex?anslion of an exlistlin slin Ile �lfairn�lill hoin�e in�a exceed the Iflilft �eircent Illiin�lit when allll ......................................................................................................................................... q......................... q....................................................Y..................................................................... Y.................................................................................................... Y..... U............................................................................................................................................ a)�lllicablle setback and Ilot coveira e standairds sire inset. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and G. The modification does not include hazardous materials. al Aspen Lake