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Compliance Information.pdfStatement of Compliance with ECC 20.50 Wireless Communication Fa@ Y8169"M IS (30UNTE Project Description: Verizon Wireless is proposing to install a new wireless communication facility in the Hickman Park area of Edmonds. The proposed facility will consist of antennas located on a utility pole in the right-of-way and ground equipment located in a fully enclosed and landscaped equipment building on adjacent private property. The utility pole will be replaced with a new taller round pole, for purposes of structural integrity and maintaining the clearances from the electrical wires as required by Snohomish PUD. Verizon proposes to install three (3) flush -mount antennas and appurtenances at the top of the replacement utility pole. The associated radio equipment will be located within a small equipment building, and HVAC units will be secured behind a solid wood fence. There will be landscaping around the exterior of the entire ground installation. The equipment structure will be placed on private property owned by Klahaya Swim and Tennis Club. Responses to the applicable section of ECC 20.50, governing the placement of wireless communication facilities, are outlined in the following sections. 20.50.050 General siting criteria and design considerations. A. The city of Edmonds encourages wireless communication providers to use existing sites or more frequent, less noticeable sites instead of attempting to provide coverage through use of taller towers. To that end, applicants shall consider the following priority of preferred locations for wireless communication facilities: 1. Co -location, without an increase in the height of the building, pole or structure upon which the facility would be located; 2. Co -location, where additional height is necessary above existing building, pole, or structure; 3. A replacement pole or structure for an existing one; 4. A new pole or structure altogether. Response: Verizon is proposing to attach antennas to a utility pole (attachment to existing structure is collocation); however, due to engineering requirements by the public utility that owns the pole, the structure will need to be replaced. Verizon also needs to install antennas above the power lines instead of below in order to achieve adequate antenna height to meet coverage objectives. Priority 1, collocation on a building, pole or structure without an increase in height, is infeasible in the area Verizon seeks to cover. 1. Buildings. The area where Verizon seeks to improve coverage and install a facility is largely single-family residential, where the only non-residential buildings are the clubhouse at the subject property, and a church across the road. Neither location would provide adequate height for the proper functioning of the WCF due to the building height limit at 25 feet, which even with the additional nine feet over structure height allowed for wireless equipment would not provide enough elevation for effective signal propagation in an area where vegetation and other interference - causing obstacles are 50 feet and higher. To the east of the search area there is a small commercial area with some nonresidential structures, with the same 25' building height limit that does not allow for the height needed to clear the same obstacles. 2. Poles. The existing utility poles in the area are all of similar existing height and configuration. The utility poles are about 39' in height, with the power lines set on a "T" cross -arm at the top of the pole, with cable and secondary users below the lines in the area outside of the safety clearance. Due to the clearance requirements and other existing equipment, the space below the lines is unavailable for collocation. Any utility pole use in this area would require structure replacement at increased height for clearance purposes, and thus the option of using an existing structure with no changes is not available in this area. Within the search area, there are no existing monopoles. The closest monopole is outside of the search area, over 500' from the subject location, and would require an increase in structure height to provide the equivalent elevation that would be available for a utility pole collocation. It would also require replacement with a wider structure in order to accommodate the equipment Verizon seeks to install. 3. Structures. Due to the residential character of the area, there are no other structures besides the above mentioned buildings and utility poles that would be candidates for collocation. Priority 2, Co -location, where additional height is necessary above existing building, pole, or structure, is also unavailable for the reasons discussed above, absent a structure replacement; extensions to the existing structures in the area without structure replacement would involve collar -and -pipe configurations such as those pictured in "unacceptable structure -mounted WCF" shown at the end of ECC 20.50.100. The collocation that Verizon is proposing will require structure replacement. The closest monopole installation where collocation may be available is outside of the search area to the east of 101St Ave W. It would require structure replacement or extension to accommodate Verizon's equipment at the height needed. In addition, there is not adequate ground space to accommodate Verizon's minimum equipment footprint and satisfy development conditions for the underlying "BN" zone as set forth in 16.45.020. The minimum street setback is 20 feet, which impacts all of the available buildable space on the north, east and west property lines, to the south, there is a setback of 15 feet from residential property lines, which eliminates the undeveloped space on that side of the building. The existing structure on this lot occupies almost all of the buildable space to the extent that there is not enough open space in which to configure the ground equipment within an enclosed building as required under 16.45.030. Further, per 20.50.060 below, wireless facilities cannot reduce the minimum zone standards (see, F) and are not eligible for variances not addressed directly in this chapter (see, G). Priority 3, a replacement pole or structure for an existing one. Verizon is proposing to replace an existing utility pole in order to provide for attachment of its antennas. As discussed above, due to the configuration of the existing utility poles, and SnoPUD clearance rules, utility pole collocations in this area will require pole replacement. The aesthetics of the site are also better served by pole replacements which allow additional pole space for flush -mounting equipment to the utility pole surface where it can better blend with the support structure. Priority 4 — does not apply, and is not an allowed use. The zoning of the search area is residential (RS) zones in Edmonds jurisdiction, and new monopoles are prohibited in SF and MF zones (see ECC 20.50.40.8.1). B. Co -location shall be encouraged for all wireless communication facility applications and is implemented through less complex permit procedures. 1. To the greatest extent technically feasible, applicants for new monopole facilities shall be required to build mounts capable of accommodating at least one other carrier. 2. Any wireless communication facility that requires a conditional use permit (CUP) under the provisions of this chapter shall be separated by a minimum of 500 feet from any other facility requiring a CUP, unless the submitted engineering information clearly indicates that the requested site is needed in order to provide coverage for the particular provider and other siting options have been analyzed and proven infeasible. Response: Verizon is proposing a facility collocated on a utility pole structure, and it is located more than 500' from any other existing facility. New monopoles are prohibited within the area Verizon is seeking to install a new WCF, as it is all zoned RS -8 (see ECC 20.50.040.8.1). This utility pole collocation is one of the few site types allowed in RS -8 under current code. C. Noise. Any facility that requires a generator or other device which will create noise audible beyond the boundaries of the site must demonstrate compliance with Chapter 5.30 ECC, Noise Abatement and Control. A noise report, prepared by an acoustical engineer, shall be submitted with any application to construct and operate a wireless communication facility that will have a generator or similar device. The city may require that the report be reviewed by a third party expert at the expense of the applicant. Response: A Noise Report by SSA Acoustics dated 8/27/2015 was completed for this site and is included in the application. The predicted noise levels from the ground equipment will meet code standards for allowable noise.. D. Business License Requirement. Any person, corporation or entity that operates a wireless communication facility within the city shall have a valid business license issued annually by the city. Any person, corporation or other business entity which owns a monopole also is required to obtain a business license on an annual basis. Response: Verizon Wireless has existing sites within the City of Edmonds and this requirement is universal to all WCF facility types. If the existing license does not cover installation of this facility, a new license will be acquired prior to building permit issuance. E. Signage. Only safety signs or those mandated by a government entity with jurisdiction may be located on wireless communication facilities. No other types of signs are permitted on wireless communication facilities. Response: No signage other than FCC signage is proposed for this site. The sign will contain FCC license information, a site ID, and emergency contact information. F. Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility. Response: The facility is proposed adjacent to an existing gravel/lawn parking area for the swim and tennis club. The existing parking can be utilized for site maintenance, in addition, Verizon will be adding railroad ties to delineate two additional parking spots adjacent to the existing lawn/gravel parking. G. Finish. A monopole may be constructed of laminated wood, fiberglass, steel, or similar material. The pole shall be a neutral color so as to reduce its visual obtrusiveness, subject to any applicable standards of the FAA or FCC. Response: The proposed site is a wood utility pole, not a monopole. The finish will be a natural wood brown like the other adjacent utility poles. H. Design. The design of all buildings and ancillary structures shall use materials, colors, textures, screening and landscaping that will blend the facilities with the natural setting and built environment. Response: The ground equipment shelter will be a CMU structure with a metal roof, similar in design to the existing on-site buildings, screened with a five-foot perimeter of native landscaping that includes rhododendrons, spirea, and pierus japonica. The landscaping is consistent with the existing natural environment, which includes deciduous trees and large evergreens, as well as landscape plants suitable to the Pacific NW such as rhododendrons. The wood fence surrounding the exterior HVAC units will fade and blend into the portion of the property where it is located, and will be largely shaded and surrounded by existing mature trees to further allow it to fade from view. I. Color. All antennas and ancillary facilities located on buildings or structures other than monopoles shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as possible. Response: The antennas and pole -mounted appurtenances will be painted a non -glare brown shade to blend with the wood utility pole to which they will be attached. J. Lighting. Monopoles shall not be artificially lighted unless required by the FAA, FCC or other government entity with jurisdiction. If lighting is required and alternative lighting options are permitted, the city shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding area. No strobe lighting of any type is permitted on any monopole. If FAA guidelines would require a strobe, the location shall be denied unless no other site or combination of sites would provide adequate coverage in accord with FCC requirements. Response: No lighting is proposed for this facility, and will not be required. K. Advertising. No advertising is permitted at wireless communication facility sites or on any ancillary structure or facilities equipment enclosure. Response: No advertising will be posted at the facility. Signage will be limited to FCC site identification information. L. Equipment Enclosure. Each applicant shall use the smallest equipment enclosure practical to contain the required equipment and a reserve for required co -location. Response: The equipment enclosure size is only large enough to contain the equipment cabinets required by Verizon, and provide for safety clearances and access space around them. M. Radio Frequency Emissions Compliance. The applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed FCC standards, including FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, as amended. Additionally, if the director determines the wireless communication facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in the FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, as amended, in areas accessible by the general population, the director may require post -installation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant. Response: The emissions from the facility will be well within the FCC limits for exposure. A Non -Ionizing Electromagnetic Exposure Analysis & Engineering Certification (NIER study) performed by Morrison Hershfield, dated October 20, 2014, is included in this application to demonstrate compliance with the FCC standard. N. Landscaping and Screening. 1. The visual impacts of wireless communication facilities should be mitigated and softened through landscaping or other screening materials at the base of a monopole, facility equipment compound, equipment enclosures and ancillary structures. If the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure, no landscaping is required. The director or his designee may reduce or waive the standards for those sides of the wireless communication facility that are not in public view, when a combination of existing vegetation, topography, walls, decorative fences or other features achieve the same degree of screening as the required landscaping; in locations where the visual impact of the facility would be minimal; and in those locations where large wooded lots not capable of subdivision and natural growth around the property perimeter provide a sufficient buffer. Response: Placement of the facility on the subject property and landscaping around the equipment shelter is proposed to mitigate visual impacts. The ground equipment will be placed wholly inside of an equipment building on a small portion of property approximately 35 feet from the front property line, 55 feet from the nearest neighboring residential property to the east and 89 feet from the west property line. The shelter will be located behind mature evergreens and will be obscured from the road and neighboring property by some existing evergreen shrubs located at the property line. The proposed landscaping around the equipment building will be native shrubs that will blend with the existing landscaping and provide four to six feet of screening for the base of the building at the time of planting. The distance from both the road and the neighboring property will further reduce visibility from the public right-of-way and any receiving properties. 2. Landscaping shall be installed on the outside of fences in accordance with Chapter 20.13 ECDC. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping or screening requirements. The following requirements apply: a. Type I landscaping shall be placed around the perimeter of the equipment cabinet enclosure, except that a maximum 10 -foot portion of the fence may remain without landscaping in order to provide access to the enclosure. b. Landscaping area shall be a minimum of five feet in width around the perimeter of the enclosure. c. Vegetation selected should be native and drought tolerant. d. Landscaping shall be located so as not to create sight distance hazards or conflicts with other surrounding utilities. Response: A landscape plan that complies with the above requirements is included in the plans submitted for this wireless facility. 3. When landscaping is used, the applicant shall submit a landscaping bond pursuant to ECDC 20.13.040. Response: A landscape bond will be submitted prior to issuance of the building permit, should the facility receive approval. 4. The use of chain link, plastic, vinyl or wire fencing is prohibited. Ornamental metal or wood fencing materials are preferred. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011]. Response: A solid wood fence is proposed. 20_.50.060 Permit requirements. A. No person may place, construct, reconstruct or modify a wireless communication facility subject to this chapter without first having in place a permit issued in accordance with this chapter. Except as otherwise provided herein, the requirements of this chapter are in addition to the applicable requirements of this title and ECDC Title 18. Response: Verizon is applying for a land use permit, per the table below. B. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table 20.50.060(B)(1). In the event of uncertainty on the type of a wireless facility, the director shall have the authority to determine what permits are required for the proposed facility. The conditional use permit types referenced are described in Chapter 20.01 ECDC. Table 20.50.060(B)(1) — Permit Requirements for Wireless Communication Facilities Type of Wireless Communication Facility Building -mounted facilities or facilities co - located on an existing structure or monopole New structure -mounted facilities involving structure replacement to obtain additional height New monopole facilities (pole complies with height requirement of the underlying zone in ECDC Title 16) Permits Required Conditional Right -of -Way Building Permit Use Permit permit (CUP) X (as X applicable) X (as applicable) X (Type II) X (as applicable) X (as X applicable) Table 20.50.060(B)(1) — Permit Requirements for Wireless Communication Facilities Permits Required Conditional Right-of-Way Building Permit Use Permit permit Type of Wireless Communication Facility (CUP) New monopole facilities (pole exceeds X X(T e X (as maximum height of zone in ECDC Title 16) yp III-B) applicable) Response: The facility type is a new structure -mounted facilities involving structure replacement to obtain additional height and will require a Type 11 CUP, building permit, and right-of-way permit. C. Any application submitted pursuant to this chapter for projects located on public or private property shall be reviewed and evaluated by the director, or his designee. The director of public works or his/her designee shall review all proposed wireless communication facilities that are located partially or fully within the city rights-of-way. Regardless of whether the director or the director of public works or their respective designees are reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this chapter. Response: The facility has portions located both on private property and in the right-of-way. D. All applications for wireless communication facilities shall be reviewed for compliance with the applicable design standards by the director or his designee. Response: This application includes analysis of how the proposed facility is compliant with ECDC' design standards, for evaluation by the City. E. The applicant is responsible for obtaining all other permits from any other appropriate governing body with jurisdiction (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, etc.). Response: Applicant will obtain additional permits as necessary. F. No provision of this chapter shall be interpreted to allow the installation of a wireless communication facility which minimizes parking, landscaping or other site development standards established by the Edmonds Community Development Code. Response: The proposal will not minimize ECDC site development standards. G. Wireless communication facilities that are governed under this chapter shall not be eligible for variances under Chapter 20.85 ECDC. Any request to deviate from this chapter shall be based solely on the exceptions set forth in this chapter. Response: No variances are sought as part of this application. H. Third Party Review. [text omitted for clarity] Response: The City may retain a third party to review the application at its discretion. [1-K omitted for clarity] 20.50.070 Application requirements. In addition to the requirements of ECDC 20.02.002, and those associated with the pe types permit t es referenced in ECDC 20.50.000, the following information must be submitted as part of a complete application fora wireless communication facility permit in the city of Edmonds: A. Project description including a design narrative, technology description, and co -location analysis indicating the alternative locations and technologies considered; Included in the application as code analysis under 20.50.050 and in the Project Description. B. Existing wireless coverage map overlaid on a current aerial photo showing provider's existing facilities and wireless coverage in the area; Included in the application in the "SEA Hickman RF Documentation" along with a description of the technology to be deployed. C. Proposed wireless coverage map overlaid on a current aerial photo showing provider's wireless coverage with the proposed facility; Included in the application in the "SEA Hickman RF Documentation" along with a description of the technology to be deployed. D. Site information on scaled plans, including: 1. Site plan; 2. Elevation drawings; 3. Undergrounding details, as applicable; 4. Screening, camouflaging or landscaping plan and cost estimate (produced in accordance with Chapter 20.13 ECDC), as appropriate; A set of zoning drawings produced by Morrison Hershfield (architect) that includes the above information has been included in the application. E. Photos and photo simulations showing the existing appearance of the site and appearance of the proposed installation from nearby public viewpoints; A set of photo simulations that includes both "before" and "after" views is included in the application. F. Noise report (per ECDC 20,50.0 (C)), if applicable; Verizon will be installing radio cabinets and an emergency backup generator. A noise report is required, and is included in the application. G. Radio frequency emissions report for the proposed facility, which shall not be reviewed further by the city; A NIER report detailing RF emissions and the applicable standards is included with the application. H. Any other documentation deemed necessary by the director in order to issue a decision. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011]. Additional information needed by the department to make a determination will be provided upon request. 20.50.080 Review time frames. (text omitted. Installation of antennas on a replacement utility pole is a type of collocation subject to the 90 -day review cycle rather than the 120 day review for new monopoles. The project is also subject to SEPA. 20.50.090 New building -mounted wireless communication facility standards. Response: Does not apply; a building -mounted WFC is not proposed. 20.50.100 New structure -mounted wireless communication facilities standards. A. Generally. Wireless communication facilities located on structures other than buildings, such as utility poles, light poles, flag poles, transformers, and/or tanks, shall be designed to blend with these structures and be mounted on them in an inconspicuous manner. Verizon is proposing to install the facility on a utility pole, as listed above. 1. Wireless communication facilities located on structures within unzoned city rights-of- way adjacent to single-family residential (RS) zones shall satisfy the following requirement: a. No metal pole or tower shall be used within the right-of-way adjacent to a single-family zoned neighborhood unless required in order to comply with the provisions of the State Electrical Code. Wooden poles of height and type generally in use in the surrounding residential neighborhood shall be used unless prohibited by the State Electrical Code. The replacement utility pole will be a round wood pole, typical of the types of utility poles already in the neighborhood. The pole height increase is due to the line clearances required by the utility, and the amount of space needed to flush -mount antennas and appurtenances to the pole face. 2. Wireless communication facilities located on structures shall be painted with nonreflective colors in a scheme that blends with the underlying structure. All antennas and appurtenances will be painted a non -glare brown tone to blend with the color of the wood utility pole. B. Height. 1. The maximum height of structure -mounted wireless communication facilities shall not exceed the maximum height specified for each structure or zoning district (rights-of-way are unzoned); provided the wireless communication facility may extend up to six feet above the top of the structure on which the wireless communication facility is installed. Antennas and related equipment shall be mounted as close as practicable to the structure. The proposed facility type is a utility pole collocation in the right-of-way. The right-of-way is unzoned and therefore does not have a zone height limit; utility pole height is limited by subsection 8.3 of this section. 2. Only one extension is permitted per structure. No prior extension request has been granted at this location. 3. If installed on an electrical transmission or distribution pole, a maximum 15 -foot vertical separation is required from the height of the existing power lines at the site (prior to any pole replacement) to the bottom of the antenna. This vertical separation is intended to allow wireless carriers to comply with the electrical utility's requirements for separation between their transmission lines and the carrier's antennas. Verizon is proposing slightly less than the allowed maximum clearance; said clearance has been preliminarily reviewed and approved by Snopud, the utility pole owner. C. Equipment Enclosure. Equipment enclosures shall first be located underground. If the enclosure is within the right-of-way, the enclosure shall be underground. If there is no other feasible option but to locate the equipment enclosure above ground on private property, the equipment must be enclosed within an accessory structure which meets the setbacks of the underlying zone and be screened in accordance with ECDC 20.50.050(N). (N). Verizon is proposing to locate the equipment above -ground in a fully enclosed equipment shelter on private property. A vault at this location is infeasible due to the use of the right-of- way for parking during swim club events, which could block access to the facility for significant amounts of time. In addition, the City will be installing extensive right-of-way improvements in the form of sidewalks and stormwater facilities on the north side of 2381 from 104th Ave W to 100 Ave W (see STF20150017) and any proposal to install a vault in the right-of-way in the middle of this project will likely interfere with these upcoming improvements. A vault on private property is infeasible as well, due to the potential to damage the extensive, established tree roots on the front of the property with excavation. The portions of the property that do not have trees are used for driving and parking, which would interfere with access to the ground equipment. The proposed ground equipment location meets the setbacks of the zone (equipment is 35' from the road and 55' from the nearest side, and RS -8 setbacks are 25' from the road and 7.5' from the side). The equipment will be enclosed inside of an accessory structure. Landscaping has been proposed that meets the screening requirements in 20.50.050(N), and visibility is further mitigated by distance from receiving properties and existing trees. D. Feed Lines and Coaxial Cable. Feed lines and cables must be painted to closely match the color scheme of the structure which supports the antennas. All feed lines on the utility pole will be enclosed in painted conduit for the majority of their lengths. Some lines will be exposed adjacent to the antennas, and those lines will either be painted brown if required, or left the original black, which will blend against the dark exterior of the wood pole. E. Only wireless communication providers with a valid right-of-way use agreement shall be eligible to apply for a right-of-way construction permit, which shall be required prior to installation of facilities within the city right-of-way and be in addition to other permits specified in this chapter. Should the project installation design receive land use approval, Verizon will obtain the necessary right-of-way use agreement prior to application for a right-of-way construction permit. 20.50.110 New monopole facility standards. Does nota 1 is a structure -mounted .. apply, facility y e -mounted WCF. 20.50.120 Temporary facilities. Does not apply; facility is a permanent WCF. 20.50.130 Modification. Does not apply facility is new WCF. 20.50.140 Abandonment or discontinuation of use. A. At such time that a licensed carrier plans to abandon or discontinue operation of a wireless communication facility, such carrier will notify the director by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. B. In the event that a licensed carrier fails to give such notice, the wireless communication facility shall be considered abandoned upon the discovery of such discontinuation of operations. C. Within 90 days from the date of abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility. "Physically remove" shall include, but not be limited to: 1. Removal of antennas, mounts or racks, the equipment enclosure, screening, cabling and the like from the subject property. 2. Transportation of the materials removed to a repository outside of the city. 3. Restoration of the wireless communication facility site to its pre -permit condition, except that any landscaping provided by the wireless communication facility operator may remain in place. 4. If a carrier fails to remove a wireless communication facility in accordance with this section, the city shall have the authority to enter the subject property and physically remove the facility. Costs for removal of the wireless communication facility shall be charged to the wireless communication facility owner or operator in the event the city removes the facility. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011]. Applicant Verizon acknowledges this code provision will be applied as a condition of approval. 20_.50.150 Maintenance. A. The applicant shall maintain the WC F to standards that may be imposed by the city at the time of granting a permit. Such maintenance shall include, but not be limited to, painting, structural integrity, and landscaping. B. In the event the applicant fails to maintain the facility, the city of Edmonds may undertake enforcement action as allowed by existing codes and regulations. [Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011]. Applicant Verizon acknowledges this code provision will be applied as a condition of approval and will install the wireless facility per standards listed at the granting of a permit.