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210624 Notice of Incomplete Application-ATTf nC. 189\) Application ID: Received by City: Date of Notice: Applicant: CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION NOTICE OF INCOMPLETE APPLICATION AT&T Site ID: WAALD-003-E/17727-003-E ENG 2021-0218 June 14, 2021 at 5:45 pm June 24, 2021 Amber Toropova SAQ Project Manager MasTec Network Solutions, on behalf of AT&T Amber.Toropova@mastec.com This notice serves to identify areas where the application is incomplete. An indication that an application requirement has been "addressed" means that the requirement is not incomplete. It does not mean the City has made a determination as to whether it agrees with any conclusions made by the applicant. The City has reviewed the above captioned wireless facilities application/ROW permit application for compliance with the application requirements of ECDC 20.50.070 and ECDC 20.50.130. Because the City must process an application within FCC imposed shot clocks, it is critical that the applicant provide a complete application, i.e., provide all the information required by code so that the City has all the information it needs to determine compliance with its standards and process the application. According to published standards, when locating small wireless facilities in the rights -of -way, wireless providers shall site their facilities pursuant to the adopted siting preferences which are expressed in descending order, starting with the most preferred. ECDC 20.50.130(B). Wireless providers may not descend to a lower preference in the list until they have showed that the higher preference is not feasible. ECDC 20.50.130(B); ECDC 20.50.070(G). City code sets forth the following location preference hierarchy: 1. Location Preference No. 1— hollow utility pole. 2. Location Preference No. 2 —freestanding small wireless facility or new streetlight. 3. Location Preference No. 3 — existing power pole (installation on top of pole). 1-Notice of Incomplete Application f nC. 189\) CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION 4. Location Preference No. 4 — existing power pole (installation in communication space). 5. Location Preference No. 5 — strand -mounted. If an applicant submits an application for a lower ranked preference in the list, it by definition must provide more information than would be necessary for a higher ranked preference. In this case the application is to locate at Location Preference #4. The application is incomplete in the following respects: ECDC 20.50.070 APPLICATION REQUIREMENTS A. Project description — Not addressed. Project description does not include technology description which is necessary in evaluating applicant's claim of technical infeasibility for Location Preference No. 2. ECDC 20.50.070 (A). B. Aerial photo or map - Addressed C. Site information on scaled Dlans. includi 1. Site plan -Addressed 2. Elevation drawings -Addressed 3. Utility plan showing existing utilities, proposed facility location, and undergrounding — Not addressed. Utility plan shows some but not all existing utilities. ECDC 20.50.070 (C)(3) Missing utilities include, but are not limited to, City of Edmonds water, sewer and storm, as well as City of Lynnwood sewer force line. Natural gas needs be shown if present. It is necessary to show all existing utilities so that the City can evaluate the feasibility of all location preferences, not just the one the applicant applied for. 4. Screening, camouflaging or landscaping plan and cost estimate— N/A if no portion of the facility is located at ground level. D. Photos and photo simulations - Addressed E. Noise report —Addressed F. Radio Frequency (RF) Emissions Standards - Addressed G. For small wireless facility deployments, the following documentation shall be provided as initial justification for the proposed location pursuant to the location preference criteria set forth in ECDC 20.50.130(B) (i.e., as initial justification to move from Location Preference 1 to a Location lower in the list level.) 1. Location Preference 1 (hollow utility pole) — Not proposed. To move to location Preference 2, the following criteria shall be met: a. Where no poles exist in the area, provide evidence no poles exist within 1501f in either direction. Addressed. N/A because poles do exist. 2-Notice of Incomplete Application f nC. 189\) CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION b. Written documentation from all pole owners denying replacement of existing poles with hollow. Addressed. c. Written documentation from sole owners denvinR installation of small cell within existing hollow poles. Addressed. 2. Location Preference 2 (freestanding small wireless facility or new streetlight) — Not proposed. To move to location Preference 3, the following criteria shall also be met: a. Evidence that design standards for freestanding small wireless cannot be met. Not addressed: Establish infeasibility per ECDC 20.50.130 (8) "Failure to show lack of feasibility of a higher preference shall be grounds for denial of an application," ECDC 20.50.070(G)(3)(a), and ECDC 20.50.130 (D)(2)(a) and (b): Please specifically state the height of electrical lines and facilities on the existing pole. Your application narrative states, "The energized power lines consist of distribution lines at the top of the poles and an energized neutral line approximately 25 feet above ground level." b. Confirmation by PW Director that a new streetlight is not needed. AT&T did not attempt to obtain confirmation from the Director of Public Works that a new streetlight pole capable of hosting a fully concealed small wireless facility is not needed. ECDC 20.50.070 (G)(2)(c). HOWEVER, The City now considers a request for confirmation to have been constructively made of the Director, and the request is being evaluated. Not addressed: Establish infeasibility per ECDC 20.50.130 (8) "Failure to show lack of feasibility of a higher preference shall be grounds for denial of an application," ECDC 20.50.070(G)(3)(a), and ECDC 20.50.130 (D)(2)(a) and (b): Please cite the authority(ies) on which you rely in support of your assertions made in your application that "[i]n order to construct or maintain a new [freestanding wireless facility or streetlight] pole on the east side of 76t" Avenue West without interfering with existing communications lines, the position of a bucket truck must be such that neither the arm nor the bucket crosses through the communications lines, as well as maintaining required clearances from any nearby energized electrical lines." Please include: the regulation establishing the clearances to communications lines to which you reference, the regulations prohibiting installation using the city's right-of-way, prohibiting the use of a bucket truck here, and why the use of a bucket truck is the sole reasonable method of installation. 3-Notice of Incomplete Application fhb. 10" CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION Not addressed: Establish infeasibility per ECDC 20.50.130 (8) "Failure to show lack of feasibility of a higher preference shall be grounds for denial of an application," ECDC 20.50.070(G)(3)(a), and ECDC 20.50.130 (D)(2)(a) and (b): Please cite the authority(ies) on which you rely in support of your assertions made in your application that "any arm or mounting for such a luminaire [a luminaire that would extend beyond the diameter of the new pole] would violate clearance from the communications lines[]" Please include: the regulation establishing the clearances to which you reference. 3. Location Preference 3 (on top of existing power pole) — Not proposed. To move to location Preference 4, the following criteria shall also be met: a. Evidence that no power poles exist that would allow for installation on top of the pole. Addressed. b. Where power poles exist, written documentation from pole owner denying request to locate on top of pole. Addressed. 4. Location Preference 4 (in communication space on existing power pole) Proposed. 5. Location Preference 5 (strand -mounted) — N/A 6. Pole owners consent where applicable —Addressed 7. Demonstration of compliance with National Electrical Safety Code - Addressed H. A copy of the provider's approved master permit —Addressed. I. Any other documentation deemed necessary by the Director While not a deficiency in the application, the City makes this request for information: You mentioned in your application at page 7 that AT&T has freestanding SWF poles. Please share information about AT&T's freestanding poles and how they differ from the City's published requirements for a freestanding pole. ECDC 20.50.130 SMALL WIRELESS STANDARDS AND APPROVAL PROCESS A. Permitted Locations a. Attachments to buildings — N/A b. Concealed freestanding —Allowed in proposed zone c. Dispersion requirement —Addressed d. BD Zone — N/A e. Existing underground utilities — N/A 4-Notice of Incomplete Application CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION f nC. 189\) f. Historic property — N/A g. Wood pole with streetlight — N/A B. Location Preference Hierarchy 1. Preference No. 1— hollow utility pole — N/A 2. Preference No. 2 — freestanding small wireless facility or new streetlight — Not proposed 3. Preference No. 3 — existing power pole (installation on top of pole) — N/A 4. Preference No. 4 — existing power pole (installation in communication space) — Current proposal 5. Preference No. 5 — strand -mounted — N/A C. General Design Standards 1. Collocation with concealment — N/A 2. Ground -mounted equipment — N/A 3. No equipment to produce noise in violation of Chapter 5.30 ECC - Addressed 4. ADA and clearance requirements for replacement poles, new poles, and all equipment —Addressed. As a courtesy we are informing the applicant that this existing pole appears to be out of compliance state and federal regulations related to providing sufficient clear zone. ECDC 20.50.130(C)(4) 5. Replacement pole near existing with removal of old —Addressed. 6. Signage requirements (all wireless facilities shall have affixed to them a health warning sign) —Application narrative states "This provision of the Edmonds City Code is preempted by the Federal Communications Commission's 2019 Second Report and Order, FCC 19-126, stating that local jurisdictions are prohibited from requiring additional signs and access restrictions beyond the Commission's requirements." The City considers the signage requirement to be addressed. 7. No illumination of antennas and equipment —Addressed 8. Director authorization to deviate —Authorization to deviate has not been requested. D. Specific Design Standards — Current proposal is for Location Preference No. 4 — Existing Power Pole (Installation in Communication Space). a. Antennas placed to minimize visual clutter. One antenna array permitted. Side mounted canister not more than 12 inches from surface of wooden pole. Addressed. b. Unified enclosure, if proposed, shall not exceed four cubic feet. Unified enclosure placed to appear integrated with pole and placed not more than six inches from surface of pole. N/A — unified enclosure not proposed. 5-Notice of Incomplete Application f nC. 189\) CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION c. Equipment/enclosures/boxes color matched. Equipment mounted not more than 6" from pole. Addressed. d. Cables and wires in color matched conduit. Number of conduit minimized to number technically necessary and shall not increase number on pole by more than three conduit. Addressed. e. Visual effect of facility shall be minimized to greatest extent possible. Addressed. f. Wooden pole replacement not to extend more than 10-feet above height of existing pole unless required (in writing) by pole owner proposal is minimum necessary. Addressed. PUD requires increased height from 33'1" to 47'6". g. Use of pole for small wireless facility shall be secondary to primary function of pole. Addressed. The proposed small cell wireless location is considered a Collocation which has a 60-day shot clock in accordance with ECDC 20.50.060(B). This Notice of Incomplete Application is being provided on day 10 of the shot clock period, and the clock will be reset to zero until a resubmission is received. If no resubmission is received within three weeks of the date of this notice, then the above referenced application will be considered to be void. Sincerely, Jeanie McConnell Engineering Program Manager Michael Clugston Senior Planner 6-Notice of Incomplete Application