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Approval process memo.pdf'««. \Q9» To: From: Date: Subject: �Al YOF EDMONDS 1215 * Avenue North, Edmonds VVA98O2O Phone: 425.772.O23O* Fax: 425.771.0221 9VVcb: DEVELOPMENT SERVICES DEPARTMENT -D PLANNING DIVISION BLD2 antenna replacement) Mike CIusst0h1_A|CP,Associate Planner March 10, 2014 Code -compliance and approval process discussion On May 8, 2013, Powder River Development applied to nn8k8 changes to an existing Sprint wireless installation atthe Harbor Building atIO02""Ave. S. The changes involved swapping out several sector antennas onexisting sleds ontop ofthe building. DnMay 29,2O13,staff informed the applicant that the permit could not beapproved because the proposed changes would be taking place within the Downtown Waterfront/Activity Center where all antennas were tnb8flush-mounted tothe building. Staff met with the applicant onSeptember 4,2013to discuss the project. Itwas agreed that, aS proposed and under the code that existed atthe time, the project cou|dn'tbeepproved. However, Sprint did indicate that there were changes to federal law that provided additional flexibility to the wireless industry for sites with existing facilities. Section 64O9(8)ofthe Middle Class Tax Relief and Job Creation Act of2O12 indicated that "local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions ofsuch tower Orbase station.° After consulting with the City Attorney's office tm determine applicability and how to incorporate the changes, staff took draft changes to the Wireless Regulations (Chapter 20.50 E.CDC) to the Planning Board in November 2013. The Planning Board unanimously approved changes to the code after a public hearing on January 8.2D14. The City Council unanimously approved the changes after apublic hearing on January 21,2O14. The ordinance (#39Gl) was approved by Council onFebruary 35,Z0l4and became effective on March 7, 2014. Sprint submitted aletter onMarch 1{\2Ol4indicating that they wanted permit BLD3O13O483 tobereviewed under the updated code nfOrdinance S96l. The changes proposed bySprint iD BLDZOl3O483satisfy the code a5updated inOrdinance 3961. Page zof/