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PLN20120018 staff decision with attachments.pdf^«c. \89" CITY��U�� U��U�k�� o ��o u~��u�u��o��~� �15~' lAvenue North, Edmonds \NA9802O Phone: 425.771,0220eFax: 425.771.O222*Web: DEVELOPMENT SERVICES DEPARTMENT ePLANNING DIVISION FINDINGS, CONCLUSIONS, & DECISION Project: AT&T K4obilitvSN77 Olympic View (utility pole replacement for wireless) File Number: PLN20120018 Date of : July 3,3Ol2 /hawe determined that this wireless communication facility application is completemnd have reviewed it in accordance with Chapter 20.50 of the Edmonds Community Development Code. Reviewed By: Mike C|ugston, A|CP, Associate Planner INTRODUCTION The applicant has proposed toupdate an existing wireless communication facility by replacing utility pole support structure and existing antennas along with upgrading vaulted ground equipment. The site is located within the City Fight-Of'vv8y adjacent tO9227Olympic View Drive. The purpose ofthe wireless communication facilities chapter (E[OC2O.GU)iotoregulate the placement, construction and modification ofwireless communication facilities, inorder toprotect the health, safety and welfare ofthe public, while not unreasonably interfering with the development Ofthe competitive wireless telecommunications marketplace inthe |naddition tothe subject conditional use permit, the applicant will also need Lo AT&T Mobility SN77 Olympic View File: PLN20120018 obtain a right-of-way permit as indicated in table ECDC 20.50.060.B.1. FINDINGS AND CONCLUSIONS 1. GENERAL INFORMATION a. Request: To update an existing wireless communication facility by replacing a utility pole support structure and existing antennas along with upgrading vaulted ground equipment. (Attachments 1— 4) b. Review Process: Structure -mounted wireless communication facility review is a Type II conditional use permit decision subject to ECDC 20.02 and 20.03. Planning staff reviews the project and issues a decision. c. Applicant: AT&T Mobility (rep. Becky Todd of Pacific Telecom Services) d. Tax Parcel Number: N/A e. Location: City of Edmonds right-of-way adjacent to 9227 Olympic View Drive f. Zoning: N/A g. Lot Size: N/A h. Existing Use: Utility pole -mounted wireless communication facility and underground equipment vault (ENG20030320 and Master Use Agreement Ordinance #3441) i. Proposed Use: Same j. Shoreline Management: Site is not subject to Shorelines of the State regulations k. Comprehensive Plan Designation: N/A I. Access / Street: Site is located within the Olympic View Drive right-of-way 2. TECHNICAL COMMITTEE This application was reviewed by Fire District #1, the Building and Engineering Division, and the Parks and Recreation and Public Works Departments for compliance with various codes and provisions. The Engineering Division noted that a right-of-way permit must be obtained and that all requirements specified in the AT&T Master Use agreement must be met prior to issuance of the right-of-way permit. These two notes are added as conditions; there are no outstanding land use issues with this proposal. (Attachment 5) 3. APPLICATION REVIEW AND PUBLIC NOTICE COMPLIANCE This application was processed pursuant to ECDC 20.50.060 and ECDC 20.01 as a Type II staff decision with required notice. The application was submitted to the City on May 7, 2012 and determined to be complete on May 30, 2012. On June 5, 2012, a notice of development application and public comment period as well as determination of nonsignificance was published in the Everett Herald newspaper and posted at the subject site, as well as the other required locations (the Public Safety Building, City Hall, and the Page 2 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 Edmonds Library). The notice was also mailed to property owners within 300 feet of the site. The City has complied with the noticing provisions in ECDC 20.03. (Attachments 6 — 8) 4. GENERAL WIRELESS FACILITY SITING CRITERIA AND DESIGN COMPLIANCE (ECDC 20.50.050) The following general criteria must be met in order for a wireless communication facility to be approved. a. Co -location preferred: 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. Replacement pole or structure for an existing one; 4. A new pole or structure altogether. The site contains an existing co -located wireless facility as envisioned in sub (2) above which was installed in 2003. The subject application proposes to replace the existing utility pole with a slightly taller wooden pole. The existing underground vault will be used for the updated ground equipment. (Attachment 3, Sheet A-3) b. Co -location encouraged: 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. This project is updating an existing AT&T facility at the subject location. The coverage maps provided (Attachment 9) indicate that a gap in coverage is filled by this project. 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 generator is not used at this facility therefore a noise report was not required. Also, the ground equipment at the subject site is located in an underground vault which minimizes noise from that equipment. d. Business License: 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. For projects located within the right-of-way, a master use agreement is required. AT&T has an existing master use agreement, the provisions of which must be met prior to the Page 3 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 issuance of the associated right-of-way permit from the Engineering Division. (Attachment 11) e. Sienaee: 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. No signage is proposed. f. Parking: Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility. Because the site is located with the right-of-way, a traffic control plan was submitted (Attachment 3, Sheet TC-1). This plan identifies general traffic control procedures appropriate along Olympic View Drive which would be necessary during maintenance of the facility. g. Finish, Design and Color: A monopole shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce its visual obtrusiveness. 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. 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. As shown in the photo simulation and on the elevation drawing (Attachment 4 and Sheet A-3 of Attachment 3), the proposed utility pole replacement will look much like the existing site. The pole, conduit and antennas will be brown to match in order to make the facility blend in with the background of existing trees. h. Advertising: No advertising is permitted at wireless communication facility sites or on any ancillary structure or facilities equipment enclosure. Other than incidental signs for identification, no additional advertising is proposed. i. Equipment Enclosure: Each applicant shall use the smallest equipment enclosure practical to contain the required equipment and a reserve for required co -location. The existing underground vault will be used to house the ground equipment proposed as part of this facility update. j. 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. According to the information submitted, the proposed facility upgrades will comply with current FCC requirements for RF emissions. (Attachment 10) Page 4 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 k. Landscaping and Screening: 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. As noted in sub (g) above, the facility is designed to blend in with surroundings as much as possible. Since the ground equipment is housed in an underground vault, no additional landscaping or screening is required. 5. CRITERIA FOR STRUCTURE -MOUNTED WIRELESS FACILITY COMPLIANCE (ECDC 20.50.100) The following specific criteria must be met in order for a wireless communication facility to be approved. 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. 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. 2. Wireless communication facilities located on structures shall be painted with nonreflective colors in a scheme that blends with the underlying structure. The proposed replacement utility pole is located within the City right-of-way adjacent to RS-zoned properties and so is made of wood. It is slightly taller than the existing pole and will achieve a minimum 15-foot separation distance between the wireless antennas and the electric lines. As noted in the previous section, the materials used throughout will be a nonreflective brown similar to the utility pole itself. 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. This includes installation of facilities on structures built at or above the maximum height allowed in a specific zone, so long as the diameter of any portion of a wireless communication facility in excess of the allowed height does not exceed the shortest diameter of the structure at the point of attachment. The height and diameter of the existing structure prior to replacement or enhancement for the purposes of supporting wireless communication facilities shall be used to determine compliance with this subsection. Page 5 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 2. Only one extension is permitted per structure. 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. The structure is located in the unzoned right-of-way along Olympic View Drive. As indicated on Sheet A-3 (Attachment 3), this replacement is the only extension of the structure and has been designed to achieve a 15-foot separation distance between the wireless antennas and the power lines. The antennas will extend to the top of the utility pole and there will be additional space near the top of the pole for future antennas. c. Equipment enclosure: Equipment enclosures shall first be located underground. If the enclosure is within the right-of-way, the enclosure shall be underground. The existing underground equipment enclosure will be used for the upgraded ground equipment. 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. As noted above, all the materials used will be colored or painted a nonreflective brown color to match the utility pole. e. Right-of-way use agreement: 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. The City has a valid master use agreement with AT&T, Ordinance # 3441. The specific requirements of the use agreement will be reviewed with the associated right-of-way permit and must be met in order for the right-of-way permit to be issued. 6. PUBLIC COMMENTS No public comments on the application nor appeals of the SEPA determination were received. 7. CONDITIONAL USE PERMIT CRITERIA No conditional use permit may be approved unless all of the findings in this section can be made: a. That the proposed use is consistent with the comprehensive plan: The proposal meets the Other Utilities objectives found on page 102 of the 2011 Comprehensive Plan: A. New utility systems and technologies are constantly developing or evolving. Rather than being reactive, the City should seek to plan for these new services as they develop. Page 6 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 A.1. New technologies should be planned and carefully researched prior to developing new regulations or reviewing siting proposals. The goal is to provide for public needs while protecting the character of the community and assuring consistency with other plan goals. A.2. Public and private utility plans should be encouraged that identify long-range system needs and that are coordinated with the City's comprehensive plan. All utility projects should be coordinated to provide opportunities for projects to address more than one system improvement or maintenance need. A.3. Utility structures should be located whenever possible with similar types of structures to minimize impacts on surrounding neighborhoods. When such locations are not available, utility structures should be located or sited so that they are as unobtrusive as possible and are integrated with the design of their site and surrounding area. Free-standing structures should be discouraged when other siting opportunities are available. The newly adopted wireless code of 2011 addresses these objectives and provides reasonable access for wireless carriers while ensuring that facilities are as visually unobtrusive as possible in order to minimize impact to surrounding neighborhoods. The current proposal meets this criterion. b. Zoning ordinance: That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes of the zone district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance. As discussed previously in this report (Findings and Conclusions 4 and 5), the current proposal meets the zoning requirements and criteria established in ECDC 20.50. c. Not detrimental: That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. As conditionally approved, the proposed project will not be detrimental to the public health, safety and welfare, nor to nearby private property. According to the submitted RF letter, the proposed facility upgrades will comply with current FCC requirements for RF emissions. (Attachment 9) d. Transferability: The hearing examiner shall determine whether the conditional use permit shall run with the land or shall be personal. If it runs with the land and the hearing examiner finds it in the public interest, the hearing examiner may require that it be recorded in the form of a covenant with the Snohomish County auditor. The hearing examiner may also determine whether the conditional use permit may or may not be used by a subsequent user of the same property. This conditional use permit shall be personal to the applicant (AT&T Mobility) and shall not run with the land. Any changes to existing facilities, upgrades or new facilities at the subject site must be permitted in accordance with, and meet the requirements of, ECDC 20.50. Page 7 of 9 AT&T Mobility SN77 Olympic View File: PLN20120018 DECISION Based on the Findings of Fact, Conclusions, and Attachments submitted with the application and during the comment period, the following decision is issued by the City of Edmonds Planning Division: The subject structure -mounted wireless communication facility as proposed is APPROVED with the following conditions: 1. A right-of-way permit must first be obtained from the Engineering Division prior to beginning work. All requirements specified in the AT&T Master Use agreement must be met prior to right-of-way permit issuance. APPEAL A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. LAPSE OF APPROVAL Structure -mounted wireless communication facilities are processed as Type II conditional use permits with final decision by staff. ECDC 20.05.020(C) states, "Unless the owner obtains a building permit or, if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of time before the expiration date." PARTIES OF RECORD 1. Contact Person: Becky Todd, Pacific Telecom Services, 111 South Jackson, 2nd Floor, Seattle, WA 98104 2. Applicant: AT&T Mobility, 16221 NE 72nd Way, RTC#3, Redmond, WA 98052 3. City of Edmonds Engineering Division ATTACHMENTS 1. Land use application 2. Project description 3. Construction plans and elevations Page 8 of 9 4. Photo simulation S. Technical comments 6. Complete letter 7. SEPA checklist and DNS 8. Public noticing materials 9. Coverage maps 10. RF compliance letter 11. Master use agreement AT&T Mobility SN77 Olympic View File: PLN20120018 Page 9 of 9 City of Edmonds MAY 0 7 201 Land Use Application sfflivlcg� ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT jV- CONDITIONAL USE PERMIT FILE #120V 7_0 Q C'019 ZONE ❑ HOME OCCUPATION DATE .J 7 Z REC'D BY U 1 'ice ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE �S ` 0 ' RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ��' ❑ OFFICIAL STREET MAP AMENDMENT ❑ lS%JTAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION\� ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: PROPERTY ADDRESS OR LOCATION right-of-way adjacent to 9227 Olympic View Dr. PROJECT NAME (IF APPLICABLE) AT&T SN77 Olympic View PROPERTYOWNER City of Edmonds - public ROW PHONE# ADDRESS E-MAIL FAX # TAXACCOUNT# N/A - right of way SEC. 18 TWP, 27 RNG. 4 DESCRIPTION OF PROJECTOR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) Upgrade existing wireless facility by replacing existing utility pole support structure and existing antennas; upgrade vaulted ground equipment DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) Code analysis included; proposal meets height requirements in 20.50.100.B.3 and is an approved location/facility type under 20.50.050.A. APPLICANNT AT&T Mobility PHONE# ADDRESS 16221 NE 72nd Way, RTC#3, Redmond, WA 98052 E-MAIL FAX # CONTACT PERSON/AGENT PTS / Becky Todd PHONE# 206-342-6388 ADDRESS 111 South Jackson, 2nd Floor, Seattle, WA 98104 E-MAIL btodd@ptswa.com FAX# The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGEt - NT �'l ,d✓Lt vL � 6 'f DATE .T/ Property Owner's Authorization I, certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE Questions? Call (425) 771-0220. Attachment 1 "LIV20120018 Revised on 9114110 B - Land Use Application RE: AT&T's Proposed Site g.. j),ktA%AN77 Edmonds Beach PROJECT OUTLINE t AT&T Mobility is proposing to modify an existing wireless facility located in the City's right of way adjacent to 9227 Olympic View Drive. Due to the need to upgrade the existing technology and strengthen its network to improve service and reliability, AT&T is proposing to replace the existing antennas with new models to support LTE technology. As part of this upgrade, AT&T will be required to replace the existing utility pole that is being used as a support structure in order to comply with SnoPUD separation requirements between the power lines and the wireless attachments. In addition, AT&T will be upgrading the ground equipment within their existing underground vault. SITE DESCRIPTION The site is located wholly within the right-of-way, on a SnoPUD utility pole on the west side of Olympic View Drive. The pole is already in use as a support structure for AT&T's antennas. AT&T's ground equipment is located adjacent to the pole in a vault. AT&T is proposing to install new models of antenna on the utility pole, along with remote radio head (RRH) units in the existing adjacent vault. This is an existing wireless telecommunications facility; AT&T proposes to modify the facility to keep up with demand while continuing to offer customers in the area quality service and access to greater and more advanced wireless services. The proposed change would add 4G technology to the site, and would expand AT&T's 4G network footprint into Mercer Island. This proposed change would improve the availability of 4G services (voice and data support for iPhone 4G phones, for example), and would improve services in the immediate vicinity of the site. The new 4G technology will improve the overall connectivity experience for customers in the area. The proposed facility is a passive use; there are no activities that would produce airborne emissions, odor, vibration, heat, glare, or noxious materials. The proposal will not be materially detrimental to the uses or properties in the immediate vicinity. According to the FCC regulations and a certified report from AT&T's engineer, this proposal will not create interference nearby and is well within the frequency limits established by the FCC. The site will operate continually, 24/7. The site is unmanned, and only required periodic visits by technicians, typically 1-2 visits per month. On -site construction is proposed Monday -Friday during business hours or as stated on the approved permits, for a short period of time. Vehicular access to the site will be over existing roads and use existing parking locations. Due to the limited traffic generated by this modification proposal, no additional off-street improvements are proposed. The facility will not require water or wastewater facilities and will not contribute to erosion from storm water runoff. COMPLIANCE WITH EDMONDS MUNICIPAL CODE COVERING WIRELESS FACILITY STANDARDS: 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. Attachment 2 PLN20120018 Response: This is a modification to an existing, approved facility. In this case, the facility is collocated on a SnoPUD utility pole. An, extension to the pole is necessary in order to comply with SnoPUD's requirements for separation between the power lines and the wireless attachments. 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. Response: Does not apply; no monopole is proposed. 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: This is an existing facility, and is over 500 feet from the nearest other facility. 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: Does not apply; no generator or additional HVAC are proposed, and all ground equipment upgrades will take place within an existing underground vault. 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: This is an existing facility and has a franchise agreement. 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 additional signs beyond what is required by the FCC or other government entity will be installed. F. Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility. Response: This is an existing facility and there is available street parking for techs to service the facility. G. Finish. A monopole shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce its visual obtrusiveness. Response: does not apply; no monopole is proposed. The replacement utility pole will be a round wood pole. 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: No change to the existing appearance of the ground equipment, which is in a vault in the right- of-way. No landscaping is required. The utility pole replacement will be a standard utility pole. 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 conduit will be painted to match the pole. 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: the facility will be unlit. 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 installed. 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: no new enclosure is proposed; AT&T will make use of the existing vault, which is underground. 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: an engineer's letter is included in this application that addresses radio frequency standards. 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. 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. 3. When landscaping is used, the applicant shall submit a landscaping bond pursuant to ECDC 20.13.040. 4. The use of chain link, plastic, vinyl or wire fencing is prohibited. Ornamental metal or wood fencing materials are preferred. [Ord. 3845 § 2 (Att. A), 2011]. Response: the ground equipment is contained within an underground vault; no landscaping or fencing is proposed. The utility pole has a backdrop of existing tall trees which will soften the appearance of the facility. 20.50.100 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. Response: the proposal is to upgrade an existing site which is located on a utility pole. The antennas and attachments will be flush -mounted to the utility pole, so that the antennas are as close to the pole as possible to keep the profile low. 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. Response: the facility is located in the right-of-way adjacent to an RS zone. The replacement utility pole will be a round wood pole. The existing pole that will be replaced is a round wood pole, as are the other poles along the electrical line. 2. Wireless communication facilities located on structures shall be painted with nonreflective colors in a scheme that blends with the underlying structure. Response: the pole attachments will be painted a non -reflective brown to blend in with the color of the 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. This includes installation of facilities on structures built at or above the maximum height allowed in a specific zone, so long as the diameter of any portion of a wireless communication facility in excess of the allowed height does not exceed the shortest diameter of the structure at the point of attachment. The height and diameter of the existing structure prior to replacement or enhancement for the purposes of supporting wireless communication facilities shall be used to determine compliance with this subsection. Response: The facility to be modified is located entirely within the right-of-way on a utility pole, so there is no zoning district standard to apply. The antennas will not exceed the height of the structure. 2. Only one extension is permitted per structure. Response: This utility pole has never been replaced or extended for the purpose of installing wireless attachments. 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. Response: As part of this upgrade, a pole replacement will be required in order to comply with SnoPUD's separation requirements. The proposed height of the pole provides for 15 feet of clearance from the lines and enough additional vertical space to allow the proposed replacement antennas to be flush -mounted to the structure instead of protruding above. While the current clearance requirement on distribution poles is 10 feet from the lines to the bottom of the antennas, AT&T is proposing to replace the pole with the maximum clearance. The reason for this is to allow for future equipment upgrades with antennas of potentially different lengths, space for additional attachments that must also maintain the safety clearance, and possible increases in the clearance requirement itself. Because only one extension is permitted per structure, per section B.2 above, AT&T proposes to replace this utility pole with future technology evolution in mind. 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). Response: The ground equipment is already installed in an underground vault. The proposed upgrades will take place inside the existing vault. 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. Response: coax will be dark in color, and will be enclosed in conduit that matches the 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. AT&T was issued a franchise agreement by the City when the site was originally constructed. A copy is included in this application. ALTERNATIVE SITE CONSIDERATION This is an upgrade to an existing site, where AT&T has vested lease rights and an approved location. The improvements are designed to make use of the existing vault and are an overlay on an existing system. The area for which the site provides service is entirely residential, which is limiting when considering alternative sites. The construction of new monopoles in the RS zone is prohibited, and all existing structures in the area are low-lying relative to the utility poles, and are residences. The only viable option is to collocate antennas on a utility pole; there are no higher priority site types available, as identified under EMC 20.50.050.A, that are within functional distance from the existing vault. Here, AT&T has opted to improve an existing site rather than construct an entirely new and separate facility, or replace the existing antennas in another location. 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N COMMENT ENT FORM P -Engineering El Fire El PW - Maintenance 0 Parks & Rec. El Building Economic Dev. Parks Maintenance Project Number: PLN20120018 Applicant's Name: AT&T Property Location: ROW ADJACENT TO 9227 OLYMPIC VIEW DR. Date of Application: 5/07/12 Date Form Routed: 5/08/12 Zoning: N/A Project Description: CONDITIONAL USE PERMIT TO MODIFY EXISTING WIRELESS FACILITY TO UPGRADE THE EXISTING TECHNOLOGY REPLACE EXISTING ANTENNA. P_. ECDC 20.02.005ALL COMMENTS MUST BE SUBMITTED WITHIN4 OF - DATE THIS FORM WAS ROUTED: BY 20 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON AICP Ext. 1330 Name of Individual Submitting Comments: 2, G4-f;'�" Title: ® I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. 'l have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. RECEIVED Comments (please attach memo if additional space is needed): MAy 0 9 2012 The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: U i, --- Signature: Phone/E-mail:_ vimA 11:1) � 1�( A C) ZZ L I . �CAVVL Attachment 5 PLN20120018 Date: June 28, 2012 To: Mike Clugston, Planner From: JoAnne Zulauf, Engineering Technician Subject: PLN20120018 — Modification of Wireless Facility AT c& T —9227 Olympic View Drive Engineering has reviewed and approved the subject application with the following conditions to be noted in the staff report A Right of Way Permit must be obtained prior to beginning work. All requirements specified in the AT & T Master Use agreement must be met prior to Right of Way permit issuance. Other Engineering requirements may be identified during the right of way permit review. Thank you. City of Edmonds CI' OF EDMONDS ® PLANNING DIVI! N COMMENT FORM , PW-Engineering El Fire 0 PW - Maintenance 1:1 Parks & Rec. A, Building 0 Economic Dev. Parks Maintenance Project Number: PLN20120018 Applicant's Name: AT&T Property Location: ROW ADJACENT TO 9227 OLYMP{IC VIEW DR. Date of Application: 5/07/12 —Date Form Routed:_ 5/08/12 Zoning: N/A Project Description: CONDITIONAL USE PERMIT TO MODIFY EXISTING WIRELESS FACILITY TO UPGRADE THE EXISTING TECHNOLOGY, REPLACE EXISTING ANTENNA. **PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 5/23/2012 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON, AICP Ext. 1330 Name of Individual Submitting Comments: Title: 0-1 have reviewed this land use proposal I for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. -My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the. requirements of this department (please attach memo if additional space is needed): �Iyl 1u I Ul �. Phone/E-mail: CI', OF EDMONDS - PLANNING DIVI-1 N COMMENT FORM PW-Engineering Fire El Pal - Maintenance El Parks & Rec. 1:1 Building El Economic Dev. Parks Maintenance Project Number: PLN20120018 Applicant's Name: AT&T Property Location: ROW ADJACENT TO 9227 OLYMPIC VIEW DR. Date of Application: 5107ZI2 —Date Form Routed:_ 5/08/12 Zoning: N/A Project Description: CONDITIONAL USE PERMIT TO MODIFY EXISTING WIRELESS FACILITY TO UPGRADE THE EXISTING TECHNOLOGY, REPLACE EXISTING ANTENNA. - "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 5/23/2012 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE C LUGSTON, AICP Ext. 1330 Name of Individual Submitting Comments: Title: A t+4�1_ EK have reviewed this land use proposal I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, solhave no comments. -My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure comK requirements of this department (please attach memo if additional space is nee John J. Westfall Fire Marshal jwestfaLI@Eredistricti.org 12425 Meridian Ave. Everett WA 98208 phone: 425-551-1200 fax: 425-551-1249 www,firedistrict1.org CI, OF DMONDS ® PLANNING DIVI- COMMENT FOR PW-Engineering El Fire a PW - Maintenance El Parks & Rec. 11 Building El Economic Dev. D Parks Maintenance Project Number: PLN20120013 Applicant's Name: AT&T Property Location: ROVY ADJACENT TO 9227 OLYMPIC VIEW DR. Date of Application: 5/07/12 Date Form Routed: 5/03/12 Zoning: N/A Project Description: CONDITIONAL USE PERMIT TO MODIFY EXISTING WIRELESS FACILITY TO UPGRADE THE EXISTING TECHNOLOGY REPLACE EXISTING ANTENNA. **PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON AICP Ext. 1330 Name of Individual Submitting Comments: Title: n) �� e !' I have reviewed this land use proposal El for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. -My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): f The following conditions should be attached to this permit to ensure compliance with the. requirements of this department (please attach memo if additional space is needed): Date Signc Phone/E-mail: Cl, OF EDMO/— PLANNING DID )N COMkNT FORM El PW-Engineering El Fire [I P►N - Maintenance A Parks & Rec. 1:1 Building Economic Dev. Parks Maintenance Project Number: PLN20120018 Applicant's Name: AT2-T Property Location: ROW ADJACENT TO 9227 OLYMPIC VIEW DR. Date of Application: 5/07ZI2 —Date Form Routed:— 5/08/12 Zoning: N/A Project Description: CONDITIONAL USE PERMIT TO MODIFY EXISTING WIRELESS FACILITY TO UPGRADE THE EXISTING TECHNOLOGY, REPLACE EXISTING ANTENNA. - "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 5/23/2012 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON, AICP Ext. 1330 Name of Individual Submitting Comments: 0& v Y V-e Title: . r 1- X- D - V- lp�I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. -My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. El I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: Signature:_tz Phone/E-mail: OV EDP 0 -� ITOF EDMONDS Y a' 12151h Avenue North, Edmonds WA 98020 Phorfe: 425.771.0220 Y Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION Ins. 1$g� May 30, 2012 Becky Todd Pacific Telecom Services 111 South Jackson, 2"d Floor Seattle, WA 98104 Subject: Letter of Completeness, AT&T Mobility structure -mounted wireless CUP File: PLN20120018 Dear Ms. Todd, The City of Edmonds has reviewed your application for a conditional use permit to replace a structure -mounted wireless facility on a new PUD pole within the City's right-of-way (adjacent to 9227 Olympic View Drive). Pursuant to Edmonds Community Development Code (ECDC) 20.02.002, the application has been determined to meet the procedural submission requirements and therefore is complete; please accept this letter as the City's completeness notice in accordance with ECDC 20.02.003. The City will now proceed with the public notice portion of the project and issue a SEPA determination as required by Chapter 20.50 of the ECDC. If you have any questions, please let me know either at 425-771-0220 or clugston@ci.edmonds.wa.us. Si cerely, Mike Clugston, AICP " Associate Planner Attachment 6 PLN20120018 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 RCW 197-11-970 Determination of Nonsignificance (DNS) Description of proposal: AT&T Mobility is proposing to modify and existing wireless site by replacing the existing antennas with a new model that supports LTE technology, in order to provide LTE in the subject area of Edmonds. The ground equipment will also be upgraded. As part of the antenna replacement, the existing utility pole must also be replaced. (File No. PLN20120018) Proponent: AT&T Mobility Location of proposal, including street address if any: City of Edmonds right-of-way (adjacent to 8227 Olympic View Drive) Lead agency: City of Edmonds The lead agency has determined that the requirements for environmental analysis and protection have been adequately addressed in the development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158 and/or mitigating measures have been applied that ensure no significant adverse impacts will be created. An environmental impact statement is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and _other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS. XX This DNS is issued .under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by June 19, 2012. Project Planner: Mike Clugston, AICP, Associate Planner Responsible Official: Robert Chave Position/Title: Manager - Planning Division Phone: 425-771-0220 Address: City of Edmonds, 121 5th Avenue North, Edmonds, WA 98020 Date: June 5, 2012 Signature: A64 _ XX You may appeal this determination to Robert Chave, Planning Manager, at 121 5th Avenue North, Edmonds, WA 98020, by filing a written appeal citing the specific reasons for the appeal with the required appeal fee, adjacent property owners list and notarized affidavit form no later than June 26, 2012. You should be prepared to make specific factual objections. Contact Rob Chave to read or ask about the procedures for SEPA appeals. XX Posted on June 5, 2012, at the Edmonds Public Library, City Hall, and the Edmonds Public Safety Building. XX Emailed to the Department of Ecology along with a copy of the SEPA Checklist. Attachment 7 PLN20120018 Page 1 of 2 PLN20120018 SEPA DNS.DOCX Mailed notice of the SEPA Determination to property owners within 300' and to the following agencies: XX COMCAST Outside riant Engineer, North Region 1525 75` St SW Ste 200 Everett, WA 98203 XX Snohomish County Fire District No. 1 Attn.: Director of Fire Services 12425 Meridian Avenue South Everett, WA 98208-5728 cc: SEPA Notebook XX Puget Sound Energy Attn: Elaine Babby PO Box 97034, M/S EST-11 W Bellevue, WA 98009-9734 XX Dean Saksena, Senior Manager Snohomish Co. PUD PO Box 1107 Everett, WA 98206-1107 q l 4 ' cc ss , AT&T Mobirity Structure -mounted wireless CUP City of Right of Way (next to 9227 otympicvLew Drive) PLN2012OOi8 ionin and V'ic=intyblap 1 Irch — 100 f� d Page 2 of 2 PLN20120018 SEPA DNS.DOCX Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposer," and "affected geographic area," respectively. A. BACKGROUND I. Name of proposed project, if applicable: AT&T SN77 Edmonds Beach DEVELOWENT SEVnr`Eo 2. Name of applicant: AT&T Mobility 3. Address and phone number of applicant and contact person: Becky Todd, PTS, for AT&T 206-342-6388 111 S. Jackson, 2nd Floor, Seattle, WA 98104 4. Date checklist prepared: 4/27/12 5. Agency requesting checklist: City ofEdrnonds Revised on 8119111 P71 - SEPA Checklist Page I of 24 6. Proposed timing or schedule (including phasing, if applicable): No phasing required. Ground equipment upgrade will take place over 1-3 days. SnoPUD schedule for pole replacement TBD, based on crew availability. Work anticipated summer (STAFF COMMENTS) 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None known at this time. Proposed equipment will likely be upgraded at an unknown later date as technology evolves. (STAFF COMMENTS) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None known. (STAFF COMMENTS) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No applications for projects by other parties are known. This project will require a right of way permit in addition to land use review. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 2 of 24 10. List any government approvals or permits that will be needed for your proposal, if known. Land use review. and a right-of-way permit will be required. (STAFF COMMENTS) 11. Give brief, complete description of your proposal, including the proposed uses and size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposal is to modify an existing wireless site by replacing the existing antennas with a new model that supports LTE technology, in order to provide LTE in this part of the existing utility pole must also be replaced. The current SnoPUD clearance requirement from the wireless attachments to the distribution lines is 10 feet. As presently installed, tnat c earance is about two (2) teet. snoPUDrequires that any equipment rep acemen s rnnform with current separation standards- Here the nil, will he replaced at the minimum height necessary to install the replacement antennas while meeting the separation requirement and keeping the tip height of the antennas at or below the height of the utility pele. (STAFF COMMENTS) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide range or boundaries of the site(s). Provide legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The wireless facility is located on a SnoPUD distribution pole in the right-of-way at 9227 Olympic View Drive. (STAFF COMMENTS) Revised on 8119111 1`71 - SEPA Checklist Page 3 of 24 TO BE COMPLETED BY APPLICANT F B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: Flat in the immediate vicinity of the road and the wireless facility. Olympic view drive is near the edge of the bluff, and properties slope towards the bluff. b. (STAFF COMMENTS) What is the steepest slope on the site (approximate percent slope)? Approximately 3-5% in the vicinity of the site, 5-10% in the broader area. (STAFF COMMENTS) C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, and muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Clay, fill. (STAFF COMMENTS) d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None observed. (STAFF COMMENTS) Revised on 8119111 P71- SEPA Checklist Page 4 of 24 e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. The only earth work proposed is that which is involved in setting a replacement utility pole. Quantities TBD. (STAFF COMMENTS) f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. Construction will occur in a relatively flat area. (STAFF COMMENTS) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No additional impervious surface will be added. (STAFF COMMENTS) It. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None required for ground equipment upgrade. SnoPUD crews replacing the pole will conduct construction according to applicable standards. (STAFF COMMENTS) 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction, there will be noise from the work vehicles, and vehicle emissions. There will also be dust from the pole replacement. All will occur during approved (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 5 of 24 b. Are there any off -site sources of emissions or odor that may effect your proposal? If so, generally describe. No. The facility is unstaffed. (STAFF COMMENTS C. Proposed measures to reduce or control emissions or other impacts to the, if any: Construct during approved hours and conditions as per issued permits. (STAFF COMMENTS) 3. WATER a. Surface: (1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Site is in the vicinity of Puget Sound, approximately 600 feet. (STAFF COMMENTS) (2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No (STAFF COMMENTS) (3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 6 of 24 (4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None required (STAFF COMMENTS) (5) Does the proposal lie within a 100-year floodpiain? If so, note location on the site plan. No. (STAFF COMMENTS) (6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No waste discharge into surface waters. (STAFF COMMENTS) b. Ground: (1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. None. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 7 of 24 (2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for, example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. The facility is uninhabited and unplumbed. (STAFF COMMENTS) C. Water Runoff (including storm water): (1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. water will come from rainfall, and will flow through natural sheeting action and be absorbed into the earth or disperse through existing storm water (STAFF COMMENTS) (2) Could waste materials enter ground or surface waters? If so, generally describe. No, the facility is an unstaffed passive use and will not produce waste materials. (STAFF COMMENTS) d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None required; adequate infrastructure already exists. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 8 of 24 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other: x evergreen tree: fir, cedar, pine, other: x shrubs x grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other: water plants: water lily, eelgrass, milfoil, other: other types of vegetation: (STAFF COMMENTS) b. What kind and amount of vegetation will be removed or altered? Grass in right-of-way will be disturbed as a result of the utility pole replacement. (STAFF COMMENTS) C. List threatened or endangered species known to be on or near the site. None known. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 9 of 24 d. Proposed landscaping, use of native plants, or other materials to preserve or enhance vegetation on the site, if any: The ground' equipment is in an underground vault, so none required. No removal of existing landscaping is proposed, and surface of the right-of-way will be restored (STAFF COMMENTS 5. Animals a. Check or circle any birds and animals that have been observed on or near the site or are known to be on or near the site: x birds: hawk, heron, eagle, songbirds, other: songbirds x mammals: deer, bear, elk, beaver, other: urban wildlife (raccoons, rodents, etc.) fish: bass, salmon, trout, herring, shellfish, other: (STAFF COMMENTS) b. List any threatened or endangered species known to be on or near the site. None known. (STAFF COMMENTS) C. Is the site part of a migration route? If so, explain. No specific migration routes are known. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 10 of 24 d. Proposed measures to preserve or enhance wildlife, if any: None required; changes to facility will not impact wildlife. (STAFF COMMENTS) 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity - already on site. (STAFF COMMENTS) b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. while facility is taller, it has a narrow profile and will not interfere with potential solar use. (STAFF COMMENTS) C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None proposed. (STAFF COMMENTS) Revised on 8119111 P71- SEPA Checklist Page 11 of 24 7. Environmental Health a. Are there and environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so describe. No; nothing toxic or flammable is stored on -site. (STAFF COMMENTS) (1) Describe special emergency services that might be required. None. (STAFF COMMENTS) (2) Proposed measures to reduce or control environmental health hazards, if any: None needed. (STAFF COMMENTS) b. Noise (1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Facility is unstaffed and will not be affected by other uses. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 12 of 24 (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hour's noise would come from the site. Noise from construction, during construction phase. Facility is otherwise unstaffed and the proposed modification will not increase existing noise levels. (STAFF COMMENTS) (3) Proposed measures to reduce or control noise impacts, if any: Construction during approved hours as allowed under the right-of-way permit. (STAFF COMMENTS) 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is in the City right-of-way in a distribution line; uses are utilities, transportation, and wireless communications. The adjacent properties are residences. (STAFF COMMENTS) b. Has the site been used for agriculture? If so, describe. no, the area is residential. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 13 of 24 C. Describe any structures on the site. Wood utility poles in the right-of-way, adjacent to homes on private parcels. The sits is in the right-of-way. (STAFF COMMENTS) d. Will any structures be demolished? If so, what? one (1) utility pole that is being used as a support structure will be replaced in order to meet SnoPUD safety clearance requirements. (STAFF COMMENTS) e. What is the current zoning classification of the site? Right-of-way adjacent to RS-12 (STAFF COMMENTS) f. What is the current comprehensive plan designation of the site? Residential (STAFF COMMENTS) g. If applicable, what is the current shoreline master plan designation of the site? Does not apply (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 14 of 24 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No (STAFF COMMENTS) i. Approximately how many people would reside or work in the completed project? No residents; a tech will visit the site 1-2 times per month to monitor the equipment. (STAFF COMMENTS) j. Approximately how many people would the completed project displace? None (STAFF COMMENTS) k. Proposed measures to avoid or reduce displacement impacts, if any: None required. (STAFF COMMENTS) 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The site is an existing, approved facility and under Edmonds Municipal Code, wireless installations on utility poles are compatible with existing and proposed (STAFF COMMENTS) Revised ott 8119111 P71 - SEPA Checklist Page 15 of 24 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing provided. The facility is uninhabited. (STAFF COMMENTS) b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing. None. (STAFF COMMENTS) C. Proposed measures to reduce or control housing impacts, if any: None required; no impact on housing stock. (STAFF COMMENTS) 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principle exterior building material(s) proposed? The replacement utility pole will be approximately 52'-7" in height, and will be a round wood pole. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 16 of 24 b. What views in the immediate vicinity would be altered or obstructed? No views will be obstructed. There will be a minor change to the appearance of the existing facility due to the height increase, but the basic silhouette will remain (STAFF COMMENTS) C. Proposed measures to reduce or control aesthetic impacts, if any: Antennas will be flush -mounted and painted to match the utility pole, with non -glare paint. Base station equipment upgrades will take place underground. (STAFF COMMENTS) 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. The facility will be unlit and the exterior will utilize non -reflective colors. (STAFF COMMENTS) b. Could light or glare from the finished project be a safety hazard or interfere with views? No; no light or glare will be produced. (STAFF COMMENTS) C. What existing off -site sources of light or glare may affect your proposal? None; the facility is uninhabited. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 17 of 24 d. Proposed measures to reduce or control light and glare impacts, if any: None proposed. (STAFF COMMENTS) 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Walking and cycling. (STAFF COMMENTS) b. Would the proposed project displace any existing recreation uses? If so, describe. No. (STAFF COMMENTS) C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: There will not be an impact on recreation due to the facility. As the facility is locked and unstaffed, and located on the top of a utility pole, no recreational (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 18 of 24 13. Historic and Cultural Preservation a. Are there any' places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. (STAFF COMMENTS) b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. (STAFF COMMENTS) C. Proposed measures to reduce or control impacts, if any: None required. (STAFF COMMENTS) 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is in the right-of-way on Olympic view Drive. (STAFF COMMENTS) Revised on 8119111 P71- SEPA Checklist Page 19 of 24 b. Is site currently served by public transit? If no, what is the approximate distance to the nearest transit stop? The site is not open to the public, and therefore does not require service by public transportation. (STAFF COMMENTS) C. How many parking spaces would the completed project have? How many would the project eliminate? The proposal does not require additional parking beyond what is available on -street. No spaces will be eliminated. (STAFF COMMENTS) d. Will the proposal require any new roads, streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). None. (STAFF COMMENTS) e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. (STAFF COMMENTS) Revised on 8119111 P71- SEPA Checklist Page 20 of 24 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. After_ construction, the facility will only generate 1-2 trips per month, by a tech, to monitor the equipment. The trips will occur mostly during business hours, barring (STAFF COMMENTS) g. Proposed measures to reduce or control transportation impacts, if any: None required; impact is negligible. (STAFF COMMENTS) 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No increase in public services will be needed. (STAFF COMMENTS) b. Proposed measures to reduce or control direct impacts on public services, if any: Does not apply. (STAFF COMMENTS) Revised on 8119111 P71 - SEPA Checklist Page 21 of 24 16. Utilities ; a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, a ephou sanitary sewer, septic system, other: (STAFF COMMENTS b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. No additional utilities are proposed. (STAFF COMMENTS) C. SIGNATURE I declare under penalty of perjury laws that the above answers are true and correct to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature of Proponent Date Submitted Revised on 8119111 P71 - SEPA Checklist Page 22 of 24 OV EQ_40 �.i E. Application alnd SERA Determination PROJECT DESCRIPTION: AT&T Mobility is proposing to modify an existing wireless site by replacing the exist- ing antennas with a new model that supports LTE technology, in order to provide LTE in the subject area of Edmonds. The ground equipment will also be upgraded. As part of the antenna replacement, the existing utility pole must also be replaced. The subject permit is a Type II decision according to ECDC 20.50.060. NAME OF APPLICANT: AT&T Mobility PROJECT LOCATION: City of Edmonds right-of-way (adjacent to 9227 Olympic View Drive) PUBLIC COMMENTS ON PROPOSAL DUE: June 19, 2012 Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Planning Division between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday or online through the city's website at'www.edmondswa.gov through Online Permits link (search for permit PLN20120018). SEPA DETERMINATION: Notice is hereby given that the City of Edmonds has issued a Determination of Nonsignificance under WAC 197-11-340(2) for the above project. PROJECT DESCRIPTION: The project described above requires SEPA review because it did not qualify for a categorical exemp- tion under WAC 197-11-800(25). DATE OF ISSUANCE: June 5, 2012 SEPA COMMENTS DUE: June 19, 2012. Comments may be submitted in writing to the City of Edmonds Planning Division, 121 5th Ave N, Edmonds, WA 98020 or via email to the contact person below. SEPA APPEAL: This SEPA determination may be appealed by filing a written appeal citing the specific reasons for appeal with the required appeal fee no later than 4 p.m. on June 26, 2012 City of Edmonds Development Services Department Planning Division 121 5th Avenue North Edmonds, WA 98020 Project Planner: Mike Clugston clugston@ci.edmonds.wa.us 425.771.0220 www.edmondswa.gov Attachment 8 PLN20120018 Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Signa ure of Applicant or Applicant's Representative Subscribed and sworn to before me this day of mac , 2012 otary Pub l' in and for the State of Washington Residing at `tn G WA STATE OF ., NPTARY PUBLIC DEVELOPMENT SERVICES Revised on 9130/11 P2 - Adjacent Property Owners List Page 2 of 2 27031300101100 GRAVES DANA 9211 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 27031300101100 NGUYEN CATHERINE H 9209 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 27031300100800 GRAVES DANA 9211 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 27031200400500 NGUYEN CATHERINE H 9209 OLYMPIC VIEW DR EDMONDS, WA 98020- 2396 27031300100900 MARQUARDT MARY LOU 9213 OLYMPIC VIEW DR EDMONDS, WA 98020 00914200000600 WEGNER FAMILY LIVING TRUST PO BOX 79007, SEATTLE, WA 98119 27041800203800 GUNN MAURINE D REVOCABLE LIVING TRUST PO BOX 908 EDMONDS, WA 98020 2704180020 1000 SPENCE DAVID R 18226 91ST AVE W EDMONDS, WA 98026 - 5312 27041800200400 SCHMITT ROBERTJ 9 118 OLYMPIC VIEW DR EDMONDS, WA 98026- 5323 27041800200700 SAGE DOUGLAS W & STARLA S 9112 OLYMPIC VIEW DR EDMONDS, WA 98026 27041800200600 ARCHER KATHLEEN E 9106 OLYMPIC VIEW DR EDMONDS, WA 98020 27041800203300 HALLETT AM RUTH A 6330 31ST AVE NE MARYSVILLE, WA 98271 009 14200000400 KANG WILLIAM & MARGARET LIVING 27041800201900 TRUST PECK DAVID F 17910 KAIREZ DR 9108 OLYMPIC VIEW DR EDMONDS, WA 98026-5337 EDMONDS, WA 98026 00565600101503 27041800203700 DAVIS THOMAS ENGLISH DAVID A & SHERYLE A 9206 OLYMPIC VIEW DR 9104 OLYMPIC VIEW DR EDMONDS, WA 98020 EDMONDS, WA 98026 00565600101502 SMITH GEORGE CAMPBELL & BARBARA ' 27041800202200 RUTH ANDREE DAVID J & APRIL T 9204 OLYMPIC VIEW DR 7931 TALBOT RD EDMONDS, WA 98020 -2396 EDMONDS, WA 98026 -5039 00565600101501 RINGSTAD JOAN E & GEORGE A 9202 OLYMPIC VIEW DR EDMONDS, WA 98020 T009LS G i �g 27041800202800 KISSINGER STEPHEN 9007 OLYMPIC VIEW DR EDMONDS, WA 98026 -5322 TWla6p3 do-dod asodxa jaded paaj i of auil 6uole puas 00914200000500 CANNING RICHARD L & CHARLOTTE F 17909 KAIREZ DR EDMONDS, WA 98026- 5337 27041800200500 ROSS STEPHEN M 9102 OLYMPIC VIEW DR EDMONDS, WA 98026 00914200000200 MEYER IRREVOCABLE TRUST 6017 190TH ST SW LYNNWOOD, WA 98036-5135 00914200000300 FU FRANK C & HELENE C 18002 KAIREZ DR EDMONDS, WA 98026-5341 27031300101000 NIRSCHL MARK A & SHAUNE 3614159TH PL SE MILL CREEK, WA 98012-4737 00565600101303 JACOBSEN HARLAN A & KAREN M DUFF 9302 OLYMPIC VIEW DR EDMONDS, WA 98020-2397 00565600101304 MCKENZIE DEAN 9230 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 00565600101301 BRAWNER LEEANNE 9210 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 27031300101700 FRANCIS MENRIT Y & ELSHARAWY KASSAB K 9231 OLYMPIC VIEW DR EDMONDS, WA 98020 -2396 27031300101800 SMITH CALVIN & MARILYN A LOVING TRUST 9219 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 T ®09Ls aleldwal ®Aj@AV asr slage-1 ®laad Xse: 00914200000100 MARTURANO ROSS P 18006 KAIREZ DR EDMONDS, WA 98020 27031300102200 MARTIN PHILIP D & PAMELA B 9309 OLYMPIC VIEW DR EDMONDS, WA 98020-2397 27031300103500 CRITCHLOW JAMES D & LORETTA J 8911 196TH ST SW EDMONDS, WA 98026-6329 27031300103400 HALPIN E CARY & MAUREEN D 9303 OLYMPIC VIEW DR EDMONDS, WA 98020 -2397 27031300103000 BURNETT NINA M 9231 OLYMPIC VIEW DR EDMONDS, WA 98020 -2396 27031300103000 BURNETT CHARLES P & NINA JOSHUA GREEN CORP PO BOX 21829 SEATTLE, WA 98111 27031300 101600 INGRAHAM LARRY W 9235 OLYMPIC VIEW DR EDMONDS, WA 98020 27031300101900 WILDS DANIEL & LINDA 9233 OLYMPIC VIEW DR EDMONDS, WA 98020 27031300101500 BOWES LINDAA 9229 OLYMPIC VIEW DR EDMDNDS, WA 98020 - 2396 27031300102000 BRADDER THOMAS E 9227 OLYMPIC VIEW DR EDMONDS, WA 98020 @09LS 27031300101400 GREEN MICHAEL K 9225 OLYMPIC VIEW DR EDMONDS, WA 98020-2396 0091420000 1200 JANETTE R RONQUILLO LLC 761 DALEY ST EDMONDS, WA 98020 -3025 27031300101200 LAMBRECHT BRUCE J & GOERTZ AMY J 1355 6TH PL S EDMONDS, WA 98020 27031300102800 MARTIN PHILIP D & PAMELA B 9309 OLYMPIC VIEW DR EDMONDS, WA 98020-2397 Twia6p3 do-dod asodxa jaded Paa3' T o; Bull fuole PUBS @09ds aleldwal ®IGaAV ash, slagel ®laad Rse_ FILE NO.: PLN20120018 APPLICANT: AT&T DECLARATION OF APPLICATION AND SEPA DETERMINATION MAILING On the 5th day of June, 2012, the attached Notice of Application and SEPA Determination was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Diane Cunningham, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 5th day of June, 2012 at Edmonds, Washington. Signed: V {BFP747887.DOC;1\00006.900000\ } MORKNOM F-11!PPRI I MP *• 110*61 11AA I0 o . � On the 5th day of June, 2012, the attached Notice of Application and Determination of Nonsignificance were posted as prescribed by Ordinance and ,in any event where applicable on or near the subject property. I, Michael D. Clugston, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 5th day of June, 2012, at Edmonds, Washington. ne Si d °�� " ��' g STATE OF WASHINGTON, COUNTY OF SNOHOMISH I S.S. The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal, newspaper by order of the Superior Court of Snohomish County and that the notice Notice of Application and SEPA DNS AT&T Mobility File No.: PLN20120018 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: June 05, 2012 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of June, 2012 Sth--� H f ,i ` iAR'i' ", •� Notary Public in for the State Washington, re tdipgat Everettr•SAohomish and of County. Account Name: City of Edmonds Account Number: 101416 Order Number: 0001782223 �3301AUJS IRINOTIA-10 11101 / 0 AVW UMISMU CIO C 0 JIMMIN lrwrsm Attachment 9 PLN20120018 o- � � IWV4,101JAW] MI / 0 AM a3A#30,'%U Uh a 0 �/fYIIA April 24th, 2012 City of Edmonds RE: New Cingular Wireless PCS, LLC / AT&T Mobility Proposal Letter of Compliance — SN77 Edmonds Beach Dear Reviewing Parties; The existing AT&T Mobility facility proposed antennas swap out at 9227 Olympic View Dr, Edmonds, . WA 98026 will comply with the public maximum permissible exposure (MPE) levels set by the Federal Communications Commission (FCC) in all publicly accessible areas. These FCC rules constitute a national RF exposure standard that reflects the consensus agreement of the federal agencies charged with protecting the public health and the environment. To demonstrate compliance with the FCC radio frequency (RF) exposure limits, the power density contributed by the ATT antenna facility has been predicted based on calculations provided by the FCC's Office of Engineering Technology in OET Bulletin 65, Edition 97-01, released August 1997. This determination is based on site -specific engineering data used to predict the RF power density in the vicinity of the antennas and compares those levels with the public MPE limits (typically are less than 1 to 6% of the FCC Limit). The result of the predictive analysis (at the transmit power we plan on using) demonstrates that the highest power density in a publicly accessible area is in compliance with FCC requirements. Sincerely, 1 J Amy Wang Radio Frequency (RF) Engineer Wes Tower Communications 7525 SE 24th Street Suite 500 Mercer Island, WA 98040 DEVELOPMENT SERVICES Attachment 10 P LN20120018 N ,1344,34.SSPOa lY9 .PwS® 32 2 4 �S46.69 00006.9000000 WSS/gjz 7/19/02 R:8/22/02gjz R:8/29/02gjz R:9/12/02gjz R:11/21/02gjz R:1/09/03gjz ORDINANCE NO.3441 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, DB/A AT&T WIRELESS BY AT&T WIRELESS SERVICES, INC., A DELAWARE CORPORATION, ITS MEMBER, A MASTER USE AGREEMENT, TO INSTALL, OPERATE, AND MAINTAIN WIRELESS COMMUNICATION FACILITIES WITHIN A CERTAIN DESIGNATED PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, STATE OF WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, AT&T Wireless Services of Washington, LLC, an Oregon Limited. Liability Company, d/b/a AT&T Wireless by AT&T Wireless Services, Inc.; a Delaware corporation, its member ("AT&T Wireless Services," or "Permittee") has requested that the City. 9f Edmonds ("City") grant it the right to install, operate, and maintain wireless communication facilities ("Communication Facilities," as further defined hereunder) within the public ways of the City; and WHEREAS, the City Council has found it desirable for the welfare of the City and its residents that a Master Use Agreement ("Agreement") to address the installation of multiple Communication Facilities in the public ways be granted to AT&T Wireless Services, and ( WSS531638.D0C;1 /00006.900000/ Attachment 11 PLN20120018 WHEREAS, the City Council has the authority under RCW 35A.47.040 to grant such Master Use Agreement and any appropriate installation and maintenance permits ("Permits," as further defined hereunder) as may be required to address the installation and maintenance of specific Communication Facilities in the streets and other public properties of the City; and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Master Use Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. Is a.. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Permittee. b. "City" means the City of Edmonds, Washington. C. "Communication Service" shall mean any telecommunications services, telecommunications capacity, or dark fiber, - provided by the Permittee using its Communication Facilities, either directly or as a carrier for its subsidiaries, Affiliates, or any other person engaged in telecommunication services, including, but not limited to, the transmission of voice, data or other electronic information, facsimile reproduction, burglar alarm monitoring, meter reading and home shopping, or other subsequently developed technology which carries an electronic signal over fiber optic cable. However, Communications Service shall not include the provision of cable television, open video, or similar services, as defined in the Communications Act of 1934, as amended, for which a separate permit would be required. d. "Communication Facilities" or "Facilities" shall mean the Permittee's (or other valid Permit holder's) wireless communications installations and attendant structures constructed and operated within the City's Public Way (as defined below), and shall include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment, or other facilities within the City's Public Way, designed and constructed for the purpose of providing Communication Service. This definition shall include such {WSS531638.DOC;1/00006.900000/ facilities as initially installed and any additional facilities as are approved pursuant to Chapter 20.$0, Wireless Communications Facilities, of the Edmonds Community Development Code and which are allowed pursuant to an associated Construction Right - of -Way Use Permit, as defined immediately below. e. "Right -of -Way Construction Permit" and "Street Use Permit" or "Permit" shall mean that permit required of AT&T Wireless by the City in order to (i) install new Facilities, (ii) perform routine maintenance activities as to existing Facilities, or (iii) to acknowledge Permittee's access to its Facilities, after the fact, immediately following resolution of emergencies having necessitated Permittee's immediate access of its existing Facilities, within the public ways of the City, pursuant to EMC Chapter 18.60. Upon issuance of each Permit by the City in accordance with this section, the parties shall attach to this' Agreement a copy of each said Permit (in the standard form attached hereto as Exhibit "A," and which is incorporated herein by this reference). f. "FCC" means the Federal Communications Commission, or any successor federal governmental entity hereto. g. "Permittee" means AT&T Wireless Services, or the lawful successor, transferee, or assignee thereof. h. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. i. "Public Way" shall mean the surface of, and any space above or below, any public street, highway, freeway, bridge, path, alley, court, boulevard, sidewalk, parkway, lame, drive circle, or other public right-of-way, including, but not limited to, public utility' easements, utility strips, or rights -of -way dedicated for compatible -uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the Service Area which shall entitle the City and the Permittee the use thereof for the purpose of installing, operating, repairing, and maintaining the Communication Facilities. Public Way also shall mean any easement now or hereafter held by the City within the Service Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights -of -way as shall within their proper use and meaning entitle the City and the Permittee to the use thereof for the purposes .of installing or transmitting the Permittee's Communication Service over poles, wires, cable, conductors, amplifiers, appliances, attachments, I and other property as may be ordinarily necessary and pertinent to the Communication Facilities. Section 2. Authority Granted. The City hereby grants to the Permittee, its heirs, successors, legal representatives, and assigns, subject to the terms and conditions hereinafter set forth, the right, privilege, and authority to construct, reconstruct, upgrade, expand, operate, maintain, replace, and use all necessary equipment thereto necessary for the operation of Permittee's Communication Facilities. However, the Permittee is only authorized to place its { WSS531638.DOC;1/00006.400000/ Communication Facilities in, under, on, across, over, through, along, or below the Public Way of the City described in Exhibit "A" hereto. Section 3. Construction Right -of -Way Use Permits Required A. Prior to site -specific location and installation of any portion of its Communication Facilities within a public way, the Permittee shall apply for and obtain a Construction Right -of - Way Construction Permit and a Street Use Permit pursuant to EMC Chapter 18.60 and 18.70. In some situations, new or replacement structures may be required to obtain a Conditional Use Permit depending on their size and location. B. Unless otherwise provided in said Permit, the Permittee shall give the City at least forty-eight (48) hours notice of the Permittee's intent to commence work in the Public Ways. The Permittee shall file plans or maps with the City showing the proposed location of its Communication. Facilities and pay all duly established Right -of -Way Construction and Street Use Permit and inspection fees associated with the processing of the Right -of -Way Use Permit. In no case shall any work commence within any public way without said Permit, except as otherwise provided in this Master Use Agreement. Section 4. Qrant Limited to Occupation. Nothing contained herein shall be construed to grant or convey any right, title, or interest'in the Public Ways of the City to the Permittee, nor Aft shall anything contained herein constitute a warranty of title. Section 5. ][erm of Master Use Agreement. The term of this Master Use Agreement shall be for a period of TWENTY (20) years from the date of acceptance as set forth in Section 32, unless sooner terminated. 11 Section 6. Non -Exclusive Grant. This Agreement shall not in any manner prevent the City from entering' into , other similar agreements ,or granting other or further master use agreements, Right-o;f--Way Use Permits, or franchise in, under, on, across, over, through, along or below any of said Public Ways of the City. However, the City shall not permit any such future Permittee or, Franchisee to physically interfere with the Pemuttee's Communication Facilities. In the event that such physical interference or disruption occurs, the Community Services Director may assist the Permittee and such subsequent Permittee or Franchisee in resolving the disput . Further, this Agreement shall in no way prevent or prohibit the City from using any of its Pubic Ways or affect its jurisdiction over them, or any part of them, and the City shall retain power; to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment; maintenance, and improvement of all new Public Ways, and in compliance with Section 7, below. Section 7. Relocation of Communication Facility. { WSS531638.DOC;1 /OOOQ6.9OOOOCV A. The Permittee agrees and covenants, at its sole cost and expense, to protect, support, temporarily, disconnect, relocate, or remove from any public way any portion of its Communication Facilities. when so required by the Community Services Director by reason of traffic conditions, public safety, dedications of new Public Ways and the establishment and improvement thereof, widening and improvement of existing Public Ways, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental. capacity; provided that the Pexmittee shall in all cases have the privilege to temporarily relocate, in the authorized portion of the same or similar public way upon approval by the Community Services Director, any section of cable or any other facility required to be temporarily disconnected or removed. Upon the reasonable request and prior written notice, in non -emergency situations at least thirty (30) days notice by the Community Services Director and in order to facilitate the design of City street and right-of-way improvements, the Permittee agrees to, at its sole cost and expense, locate, and if reasonably determined necessary by the City, to excavate and expose portions of its Communication Facilities for inspection so that the location of same may be taken into account in the 'Improvement design, PROVIDED that, Permittee shall not -be required to excavate and expose its Facilities unless the Permittee's as -built plans and maps of its Facilities submitted pursuant to Section 9 of this Agreement are reasonably determined by the Community Services Director to be inadequate for purposes of this paragraph. The decision to require relocation of said Facilities in order to accommodate the City's improvements shall be made by is the Community Services Director upon review of the location and construction of the Permittee's Facilities. 7_� If the Community Services Director determines that the project necessitates the relocation of the Permittee's then existing Facilities, the City shall: Within a reasonable time, which shall be no less than 30 days, prior to the commencement of such improvement project, provide the Permittee with written notice requiring such relocation. In the event that such relocation requires land use approvals by the City, such notice period shall be extended by an additional ninety (90) days. Provided, however, .that in the .event an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City and which will result in severe financial consequences to the City, the City shall give the Permittee written notice as soon as practicable; and 2. Provide the Permittee With copies of information for such improvement project and a proposed location for the Permittee's Facilities so that the Permittee may relocate its Facilities in other Public Ways in order to accommodate such improvement project. { WSS53l 638.D0C;1/00006.9b0000/ 3. The Permittee shall complete relocation of its Facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (10) days prior to commencement of the project. In the event of an emergency as described herein, the Permittee shall relocate its Facilities within a reasonable time period specified by the Community Services Director. The Permittee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall -evaluate such alternatives and advise the Permittee in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the Facilities. If so requested by the City, the Permittee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by the Permittee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines that there is no other reasonable alternative, the Permittee shall relocate its Facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict the Permittee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the Facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained Facilities Am provided that such ar#angements do not unduly delay a City construction project. B. Except as provided in Section 16 (E), the Permittee will indemnify, hold harmless, and pay t,1e costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by 'or arising out of the failure of the Permittee to relocate its Facilities in a timely manner; provided, that the Permittee shall not be responsible for damages due to delays caused by the City or circumstances beyond the control of the Permittee. C. The parties understand that the relocation of Facilities placed in the right-of-way is partially governed', by RCW 35.99, et.al., and to the extent that the provisions of this section are not in compliance -with the terms of RCW 35.99 et.al. (or successor statute), the provisions of the statute shall control and the terms of this section shall be amended to be in conformance thereto. Section B. The Permittee's Maps and Records. After construction is complete, the Permittee shall provide the City with accurate copies of all as -built plans and maps in a form and content prescribed b Ithe Community Services Director. These plans shall be provided at no cost to the City, anc shall include hard copies and digital copies in a format specified by the Community ServicesDirector. Section 9. Work in Public Ways. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected and used in such places and positions { WSS531638.DOC;1/00006.900000/ 6 within said Public Ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property. The Permittee shall at all times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. During the progress of the work, the Permittee shall not unnecessarily obstruct the passage of proper use of the Public Ways, and all work by the Permittee in the area covered by this Agreement and as described in this Section shall be performed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of one (1) year. If either the City or the Permittee shall at any time after the initial installation of the Facilities plan to make excavations in area covered by this Agreement and as described in this Section, the party plauring such excavation shall afford the other, upon receipt of written request to do so, an opportunity to share such an excavation. PROVIDED THAT: A. Such joint use shall not unreasonably delay the work- of the party causing the excavation to be made or unreasonably increase its costs; B. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; C. Either party may deny such request for safety reasons or if their respective uses of the trench are incompatible, and D. Such joint use shall not interfere with the operation of the Communication Facility. The joint use 'provisions of this Section shall apply only to joint use by the City and the Permittee. Nothing In this Section is intended to require the Permittee to afford other similar users the opportunity Ito share the Permittee's excavations. Section 10. ;Restoration after Construction. The Permittee shall, after installation, construction, relocation, maintenance, removal, or repair of its Communication Facilities within the Public Ways, restore the surface of said Public Ways and any other City -owned property which may be disturbed by the work, to the same condition the public way or City -owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair, reasonable wear, AND tear excepted. The Public Works Department shall have final approval of the condition of such Public Ways and City -owned property after restoration, all in accordance with the Edmonds City Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-12q, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The Permittee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public Ways { W S S 53163 8.D0C;1 /00006.900M/ or other affected area at its sole cost and expense according to the time and terms specified in the Construction Right-df--Way Use Permit issued by the City, all in accordance with the applicable provisions of the Edmonds City Code, as the same now exists or as it may hereafter be amended or superseded. All "work and restoration by the Pennittee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of one (l)-year. Section 1 L. Emergency Work — Right -of -Way Use Permit Waiver. In the event of any emergency in which any of the Permittee's Communication Facilities located in, above, or under any public way breaks, are damaged, cease to provide service, or if the Permittee's construction area is otherwise in isuch a condition as to immediately endanger the property, life, health, or safety of any individual, the Permittee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety', of individuals without first applying for and obtaining a Right -of -Way Use Permit as otherwise required under this Agreement. However, this shall not relieve the Permittee from the requirement of notifying the City of the emergency work and obtaining any Permits necessary for this purpose after the emergency work. The Permittee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required Permits not later than the second succeeding day during which the Edmonds City Hall is open for business. Section 12. Dangerous Conditions. Authority for City to Abate. Whenever construction, installation, or excavation of the communication Facilities authorized by this Agreement has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining public way, street, or public place, or endangers the public, street utilities, or City - owned property, the Community Services Director may reasonably require the Permittee, at the Permittee's own expense, to take action to protect the public, adjacent public places, City -owned property, streets, utilities, and Public Ways. Such action may include compliance within a prescribed time. In the event that the Permittee fails or refuses to promptly take the actions directed by the City, or fails to fully'icomply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Public Ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Permittee shall be liable to the City for the reasonable costs thereof. Section 13. Recovery of Costs. The Permittee shall be subject to all and Right -of -Way Use Permit fees associated with activities undertaken through the authority granted in this Agreement or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities undertaken through the authority granted in this Agreement, or any ordinances relating to any subject not addressed in this Agreement, the Permittee shall reimburse the City directly for any and all reasonable costs, after receipt of an itemized bill. {wSS531638.DOC;I=M.900000/ In addition to, the above, the Permittee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Permittee's Communication Facilities, after receipt of an itemized bill. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits.. All billings will be itemized as to specifically identify the costs and expenses for each project for which the City claims reimbursement. The billing may be on an annual basis, but the City shall provide the Permittee with the City's itemization of costs at the conclusion of each project for information purposes. Section 14. Annual Compensation for Use. of the Right-of-way under this Master Use Agreement: A. For the purposes of this section, "New Support Structure(s)" means a monopole, lattice tower, jor similar structure erected solely for the purpose of installation of wireless antennas in the Right -of -Way where previously no similar structure had existed. B. For the purposes of this section, "Existing Support Structure(s)" means existing utility poles,.light poles or other similar approved structures that exist in the Right -of - Way that can be used to support wireless antennas. C. For the purposes of this section, "Replacement Structure(s)" means a structure that is similar to an Existing Support Structure, but either taller and/or stronger than a Existing Support Structure, and which replaces an Existing Support Structure for purposes of placement of wireless antennas. D. The compensation provided for in Subsection "F," below, shall be adjusted annually, each year of the first ten-year term, by an increase of five percent (5%) . The parties shall meet in the tenth (100) year to revisit the provisions of this section and Section 17; Insurance, to establish appropriate and reasonable levels of compensation, annual adjusents thereto, and insurance, consistent with that charged by comparable local jurisdictions. Neither party shall unreasonably withhold its acceptance and approval of a reasonable adjustment to the level of compensation so proposed by the other party under this section. Permittee shall pay prorated compensation commensurate with the charges of comparable production for any given Facility in the Right -of -Way in any given year prior to beginning its installation activities within the applicable Right -of - Way; thereafter, as to each Facility existing within the Right -of -Way, Permittee shall pay annual compensation prior to the 15a' of January of each year of this Agreement. E. In thevent that the Permittee's Facilities are out of service due to a relocation under the provisions of Section 7 for the convenience of the City, a credit equal to the prorated value of the time the Facilities are out of service shall be provided on the subsequent year's compensation. F. In consideration for the use of the Right -of -Way, Permittee shall commit to providing an annual payment for each approved Facility reflected on the attached Exhibit "A." The amount of the annual payment for the first ten-year term shall be as follows: { WSS531638.DOQ1 /00006.9bM/ AOL 1. Antennas placed on a New Support Structure , equipment cabinets are in the Right -of -Way, annual payment is Five Thousand Dollars ($5,000). 2. Antennas placed on an Existing Support Structure or Replacement Structure , with equipment cabinet or other associated equipment located within the public Right -of -Way, annual payment is Three Thousand Dollars ($3,000). 3. Antennas placed on an Existing Support Structure or Replacement Structure , where no equipment cabinet or other associated equipment is located within the public Right -of -Ways, annual compensation is Two Thousand Dollars ($2,000). Section 15. Grant Fee. As -additional consideration for the right and privileges granted hereunder, the Permittee agrees to pay, at the time of acceptance of this Agreement, a one time grant fee of Five Hundred Dollars ($500.00) to defray the City's legal and administrative costs and expenses associated with negotiating and approving this Master Use Agreement, provided that such expenses pIhall not be included in the reimbursement provisions set forth in Section 14 of this Agreement. Section 16. A. Perrrttee hereby releases; covenants not to bring suit and agrees to. indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from Ask injury, sickness, or death of any person or damage to property: 1. For which the negligent acts or omissions of Permittee, its 'agents, servants, officers or employees in performing the activities authorized by this Master Use Agreement are the proximate cause; 2. By virtue of the Permittee's exercise of the rights granted herein; 3. By virtue of the City's permitting Permittee's use of the City's Public Ways or other public property that are the subject of this Agreement; 4. ! Based on the City's inspection or lack of inspection of work performed by Permittee, its agents and servants, officers or employees in connection with work authorized on the Public Ways or property over which the City has control pursuant to this Agreement or pursuant to any other site - specific Permit or, other approval issued in connection with this Agreement; 5. Arising as a result of the' negligent acts or omissions of Permittee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Public Ways, in any public way, or other i { WSS5316XDOC;1 /00006.900000/ 10 public place in performance of work or services permitted under this Agreement. B. The provisions of Subsection "A" of this Section shall apply to claims by Permittee's own employees and the employees of the Permittee's agents, representatives, contractors, and subcontractors to which Permittee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Permittee acknowledges that the City would not enter into thi�� Agreement without Permittee's waiver thereof C. Inspec tion or acceptance by the City of any work performed by the Permittee at the time of cc mpletion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Permittee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which'' are not reduced to a suit and any claims which may be compromised with Permittee's consent prior to the culmination of any litigation or the institution of any litigation. Tie City has the right to defend or participate in the defense of any such claim, and his. the right to approve any settlement or other compromise of any such claim, provided that Permittee shall not be liable for such settlement or other compromise unless it has consented thereto. D. In the, event that Permittee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, *and said refusal is subsequently determined b a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Permittee, then Permittee sh I pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney's fees , and the reasonable costs and fees to City associated with, recovering under this Subsection. E. The obligations of Permittee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorneys fees were caused by the negligence or any willful or malicious acton on the part of the City, its officers, agents, employees or contractors. In the event'thati a court of competent jurisdiction determines that this Agreement is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder sh I I be deemed amended to conform to said statute and liability shall be allocated as provided therein. F. Notwithstanding any other provisions of this Section, Permittee assumes the risk of damage to its Communication Facilities located in the Public Ways and upon City - owned property from such activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused { W S S 5 3163 8. D O C; I /000 06.900000/ ' 11 ' by or arises from the negligence or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. Permittee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Permittee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but .not limited to, business interruption damages and lost profits, brought by or under users of Permittee's Facilities as the result of any interruption of service due to damage or destruction of Permittee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful oil, malicious actions on the part of the City, its officers, agents, employees or contractors. G. City shall indemnify, save harmless and defend AT&T Wireless from and against any and all ' jury, loss, damage or liability (or any claims in respect of the foregoing), and costs or expenses (including reasonable attorneys' fees and court costs) arising directly out of the sole negligence or tortious acts of the cityor its employees or agents. Section 17. Insurance. The Permittee shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the riots, privileges and authority granted hereunder to the Permittee, its agents, representatives or employees. The Permittee shall provide to the City -an insurance certificate naming the City as in additional insured for its inspection prior to the commencement of any work or installation of any Facilities pursuant to this Agreement. Such insurance certificate shall evidence: A. Comp ehensive general liability insurance, written on an occurrence basis, including contractual liability coverage, with limits not less than: (1) $3,000,000.00 for bodily injury or death to each person; and (2) $3,000,000.00 for property damage resulting from any one accident. B. Automobile liability for owned, non -owned and hired vehicles with a limit of $3,000,000.00 for each person and $3,000,000.00 for each accident. C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00. 'The liability insurance policies required by this Section shall be maintained by the Permittee throughout the term of this Agreement, and such other period of time during which the Permittee is operating without a or Right -of -Way. Use Permit hereunder, or is engaged in the removal of any of its Communication Facilities in the right of way. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Permittee. The insurance certificate { WSS531638.DOCN00006*0 12 required by this Section shall contain a clause stating that the coverage shalt apply separately to each insured against!, whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Permittee's insurance shall be primary insurance with respect to the City. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Permittee's insurance and shall not contribute with it. In addition to the coverage requirements set forth in this Section, the insurance certificate required by this S tion shall contain language which provides that the policy may not be canceled, reduced i coverage, nor the intention not to renew.be stated until at least thirty (30) days after receipt by the City of written notice of the same via U.S. mail. Within fifteen (15) days after receipt by the City of said notice, and in no event later than five (5) days prior to said cancellation or non -renewal, the Permittee shall obtain and furnish to the City replacement insurance certificate(s) meeting the requirements of this Section Section 18. Abandonment and Removal of the Permittee's Communication Facilities. Upon the expiration, termination, or revocation of the rights granted under this Agreement, the Permittee shall remove all of its Communications Facilities from the Public Ways of the City within ninety (90) days of receiving notice from the Community Services Director. Provided, however, that the City may permit the Permittee's improvements to be abandoned and replaced in such a manner as the parties shall agree, subsequent always to the City's standard construction Aft requirements for RiOt-of-Way use. Upon permanent abandonment, and Permittee's agreement to transfer ownership of any Communication Facilities to the City, the Permittee shall submit to the City a proposal and instruments for transferring ownership to the City. Any such Facilities abandoned in place without City's consent and not removed within ninety (90) days of receipt of notice thereof shall automatically become the property of the City, unless Permittee is prevented from removing its F' ilities by causes. beyond its reasonable control including, but not limited to, acts of God, war, or governmental restrictions. In such case, Permittee's time for performance of its obligations under this section will be extended by a reasonable period of time, not to exceed an additional thirty (30) days in any event, without City's consent thereto. Provided, however, that nothing contained within this Section shall prevent the City from compelling the Permittee to remove any such Facilities through judicial action when the City has not consented to the Pennittee's abandonment of said Facilities in place. Section 19. Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Agreement, the Permittee shall furnish a street repair or sidewalk bond written by a corporate surety acceptable to the City equal to at least 125% of the estimated cost of restoring the Public Ways of the City to the pre -construction condition required by Section 11 of this Agreement. Said bond shall be required to remain" full force until sixty (60) days after completion of the construction of Permittee's Communication Facilities and other improvements from the Public Ways of the City, and said bond, or separate bond acceptable to the City, shall wan -ant all such restoration work for a period of two (2) }dears. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Permittee { WSS531638.DOC;1/00006.900000/ 13 shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 20. Modification. The City and the Permittee hereby reserve the right to alter, amend or modify the 'terms and conditions of this Agreement upon the written agreement of both parties to such alteration, amendment or modification. Said modifications shall be approved by the City by ordinance and accepted by the Permittee consistent with Section 32 hereof. Section 21. Forfeiture and Revocation. If the Permittee willfully violates or fails to comply with any of the material provisions of this Agreement, or through willful misconduct or gross negligence fails to heed or comply with any notice given the Pernttee by the City under the provisions of this Agreement, then the Permittee shall, at the election of the City Council, forfeit all rights conferred hereunder and this Agreement may be revoked, terminated or annulled by the City Council after a hearing held upon reasonable written notice to Permittee. The City Council may decide, after consideration of the reasons for the Permittee's failure to. comply with this Agreement, to allow the Pennittee additional time to cure -before such termination or revocation. The City may elect, in lieu of the above, and without prejudice to any of its other legal rights and re edies, to obtain an order from the superior court having jurisdiction compelling the Permttee to comply with the provisions of this Agreement and to recover its reasonable, documented damages and costs incurred by the City as a direct result of the Permittee's failure to, comply with the terms of this Agreement. Section 22. ily Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the locations, elevation, manner or construction and maintenance of any Facilities by the Permittee, and the Permittee shall promptly conform with all such regulations, unless compliance would cause the Permittee to violate other requirements of the law. Section 23. II Survival. All of. the provisions, conditions, and requirements of this Agreement shall be in addition to any and all other obligations and liabilities the Permittee may have to the City at Fommon law, by statute, or by contract. The provisions, conditions, and requirements of Sections 7, Relocation of Communication System: 9, Work in Public Wwi 10, Restoration after Construction.• 12, Dangerous Conditions. Authority for City to Abate: 16, Indemnification and Waiver, 17, Insurance-, and 18, Abandonment and Removal of the Permittee's Commu riication Facilities, shall survive the expiration or termination of this Master Use Agreement, and any renewals or extensions thereof, and remain effective until such time as the Permittee remov�s its Communication Facilities from the Public Ways, transfers ownership of said Facilities to a' third -party, or abandons said -Facilities in place, all as provided herein. All of the provisions, conditions, regulations and requirements contained in this Agreement shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Per uttee; and all privileges, as well as all obligations and liabilities of the �I { WSS531636.DOC; t/00006.900000/ 14 Permittee shall inure' to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Permittee is named herein. Section 24. Severability. In any section, sentence, clause, or phrase of this Agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Agreement. Section 25. Assignment. This Agreement may not be assigned or transferred without the written approval of the City, such approval not to be unreasonably withheld or delayed, except that the Permittee may freely assign this Agreement, in whole or part, to any parent, subsidiary, or affiliated corporation, or as part of any corporate financing, reorganization, or refinancing. In the case of transfer o assignment as security by mortgage or other security instrument- in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. The Permittee shall provide prompt, written notice to the City of any such zssignment. Section 26. Notice. Any notice or information required or otherwise provided as between the parties under this Agreement shall be sent to the following addresses unless otherwise specified by the parties: Cit : Permittee- City of Edmonds AT&T Wireless Services Director of Community Services Attention: Property Management 1215`� Avenue N. 2729 Prospect park Drive, Suite 100 Edmonds, WA 98020, Rancho Cordova CA 95670 425 771-0220 Fax: 425-771-0221 With Conies to: AT&T Wireless Services Attention: Legal Department 2729 Prospect Park Drive, Suite 200 Rancho Cordova, CAI, 95670 Notice shall be deer �ed provided upon receipt in the case of personal delivery, three (3) days after deposit in the United States Mail in the case of regular mail, or the next day in the case of overnight delivery. Section 27. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties hereto as to the subject matter herein and no other agreements or { WSS531638MOC;1 /00006.90gM/ 15 AML understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Agreement. U Section 28. Attorneys Fees. If any suit or other action is instituted in connection with any controversy ans%ng under this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses including such sum as the court may judge reasonable for attorneys fees, including fees pon appeal of any judgment or ruling. Section 29. Non -waiver. Failure of the City to declare any such breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach. or default, but the City shall have the right to declare any such breach or default at any time. Failure.of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. Section 30. Coming Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue and jurisdiction over any dispute related to th# Agreement shall be with the Snohomish County Superior Court. Section 31. Acceptance. Within sixty (60) days after the passage and approval of this ordinance, this Agreement may be accepted by Permittee by its filing with the City Clerk an unconditional wri en acceptance thereof. Failure of the Permittee to so accept this Agreement within said period of time shall be deemed a rejection thereof, and the rights -and privileges herein granted shall, after the expiration of the sixty (60) day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 32. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after the passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTH CITY CLERK & APPROVED AS OFFICE &7, By: W. SCOTT S I { WSS531638.DOC;1 /00006.9" 00 S. CHASE 16 ••,HAAKENSON e n 11 FILED WITH THE PASSED BY THE ( SIGNED BY THE r PUBLISHED: EFFECTIVE DATE ORDINANCE NO.: {WSS531638.DOC;1 rY CLERK: 02/14/2003 Y COUNCIL: 02/25/2003 YOR: 02/26/2003 17 C7 11 On theZ5—Ll Ordinance No. 344 provides as follows: AN ORDINANCE OF' SERVICES OF WASH WIRELESS BY. AT&T MASTER USE AG COMMUNICATION F THE CITY OF EDMO TERMS, AND COND DATE. {WSS53 SUMMARY ORDINANCE NO.3441 of the City of Edmonds, Washington of February. 2003, the City Council of the City of Edmonds, passed A summary of the content of said ordinance, consisting of the title, CITY OF EDMONDS, WASHINGTON, GRANTING TO AT&T WRELESS 'ON, LLC, AN OREGON LIMITED LIABILITY COMPANY, DB/A AT&T BLESS SERVICES, INC., A DELAWARE CORPORATION, ITS MEMBER, A RENT, TO INSTALL, OPERATE, AND MAINTAIN WIRELESS ,ITIES WITHIN A CERTAIN' DESIGNATED PUBLIC RIGHT-OF-WAY OF STATE OF WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, vS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE The full text of this Ordinance will be mailed upon request. DA this 26th day of February. 2003. SANDRA S. CHAS2z� E, CITY CLERK 18 Allk " PERIV=E° AT&T Wireless. Services of Washington, LLC, an Oregon limited liability company, dlbla AT&T Wireless By: AT&T Wireless Services, Inc., a Delaware corporation, its member By: . Z" zz2a:�a_ Print Name. Louis R. Lev Its: Implementation Manager -Western Re 'on Date: 1-a jj ACKNOWLEDGMENT STATE OF ) ss COUNTY OF I CERTIFY that on 206 � 0�LOUIS R. LEVY personally. came before me and this person acknowledged under oath to my satisfaction, that: C J (a) this ��aI erson signed, sealed and delivered the attached document as IMPLEMENTATIOI MANAGER -WESTERN REGION of AT&T Wireless Services, Inc. a corporation of the Sate of Delaware, which is the member of AT&T Wireless Services of Washington, LLC, the limited liability company named in this document; (b) this document was signed and delivered by the corporation as its voluntary act and deed, as the member of the limited liability company, on behalf of said limited liability company. ' t;GtARy '" 1 eiwiiiti�� Not My { WSS531636.DOC;1 /00006.900000/ 1 19 Ew Expires: