Agenda 01/25/2018 SCITI
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Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
Jan. 25, 2018 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES:
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
IX. COMMISSION BUSINESS:
i. Findings of Fact: Proposed amendments to Spokane Valley Street
Standards, SVMC
ii. Public Hearing: CTA-2017-0005 —Wireless
Telecommunications Amendment. Proposed text amendment to
Spokane Valley Municipal Code (SVMC) Title 22, and SVMC
Chapters 19.50.050, 17.80.030 and Appendix A
iii. Training — Public Records Act, Open Public Meetings Act
iv. Study Session — Discussion of Open Space requirements
provided in SVMC 19.70.050
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 25, 2018
Item: Check all that apply nold business FI new business n public hearing
n information n study session n pending legislation
FILE NUMBER: CTA-2017-0004 Street Standards
AGENDA ITEM TITLE: Findings of Fact—Minor revisions to the Street Standards and amendments
to the Spokane Valley Municipal Code (SVMC)
DESCRIPTION OF PROPOSAL:
Minor revisions to the Street Standards to address:
• Update of Chapter 3 - Traffic Analysis to provide guidance on traffic requirements for
SEPA infill areas,
• Update of Chapter 10 - FHWA comments on the maintenance of sidewalks, and
• Minor changes to most chapters to reflect reorganization and revisions to implementation.
Text amendments to SVMC to reflect changes in Street Standard implementation:
• Revise SVMC chapters 20.80 and 22.130 to remove references to Future Acquisition Areas
GOVERNING LEGISLATION: SVMC 17.80.150; and Chapter 35.78 RCW
BACKGROUND:
On January 11, 2018 the Planning Commission conducted a public hearing, followed by
deliberations. The Planning commission passed a motion to recommend that the City Council
adopt the proposed draft with the following modifications:
1. Modify SVMC 22.130 to replace references to "development services senior engineer"
with "City Manager or designee".
2. Modify Section 1.3.2 bullet 3, as follows: To ensure public facilities and services meet
level of service standards as adopted established in the adopted Comprehensive Plan.
3. Modify Section 10.2.1 paragraph two sentence two as follows: Property owners are
responsible for the maintenance of these features as described below.
The Planning Commission voted 5-0 to recommend that the City Council adopt the proposed
amendment with the changes. Only the SVMC chapter and SVSS chapters with Planning
Commission recommended changes are attached.
OPTIONS: Approve the Findings and Recommendation to City Council with or without
modification.
RECOMMENDED ACTION OR MOTION: Approve the Findings and Recommendation to
City Council.
STAFF CONTACT: Henry Allen, Senior Engineer;Ray Wright, Senior Engineer/Traffic; Gloria
Mantz, Engineering Manager
ATTACHMENTS:
1. Finding and Recommendation to City Council
2. Draft revised SVMC chapter 22.130
RPCA Public Meeting for CTA-2017-0004 Page 1 of 2
3. Draft revised Street Standard chapters (1, 6 and 10)
4. Staff Report and Recommendation
RPCA Public Meeting for CTA-2017-0004 Page 2 of 2
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION FOR CTA-2017-0004
January 25,2018
The following findings are consistent with the Planning Commission's decision to recommend approval.
Background:
1. The City of Spokane Valley interim development regulations were adopted on March 25, 2003
(Ordinance No. 53). These included the Spokane County Road Standards. In December,2009 the City
adopted Ordinance 09-033- City of Spokane Valley Street Standards. Chapter 11 Standard Plans were
updated in January, 2016 and Chapter 9 Surety Requirements were updated as part of the
Comprehensive Plan in December,2016 by the adoption of Ordinance 16-018.
2. CTA-2017-0004 is a City initiated text amendment to amend Spokane Valley Municipal Code(SVMC)
to modify SVMC 20.80 and 22.130 to remove references to Future Acquisition Areas,update Chapter
3 —Traffic Analysis to provide guidance on traffic requirements for SEPA infill areas,update Chapter
10—Maintenance to address Federal Highway Administration(FHWA)comments on the maintenance
of sidewalks, and perform minor changes to most chapters in the Street Standards to reflect
reorganization and revisions to implementation.
3. The Planning Commission held a public hearing and conducted deliberations on January 11,2018. The
Planning Commission voted 6-0 to recommend approval as modified to City Council.
Planning Commission Findings:
1. Recommended Modifications
The Planning Commission recommended the following modifications and/or additional requirements to
CTA-2017-0004:
a. Modify SVMC 22.130 to replace references to"development services senior engineer"with"City
Manager or designee".
b. Modify Section 1.3.2 bullet 3 as follows: To ensure public facilities and services meet level of
service standards as adopted established in the adopted Comprehensive Plan.
c. Modify Section 10.2.1 paragraph two sentence two as follows: Property owners are responsible
for the maintenance of these features as described below.
2. Compliance with SVMC 17.80.150(F)Approval Criteria
a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan.
Findings(s):
i. Land Use Policy - 8: Ensure that neighborhoods are served by safe and convenient motorized and
non-motorized transportation routes.
ii. Transportation Policy - 9: Provide and maintain quality street, sidewalk, and shared-use path
surfaces that provide a safe environment for all users.
iii. Capital Facilities Policy - 3: Coordinate the construction of public infrastructure with private
development to minimize costs.
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0004 Page 1 of 2
Finding(s):
The proposed amendment bears a substantial relation to public health,safety,welfare and protection
of the environment
3. Conclusion(s):
a. The proposed text amendment is consistent with the City's adopted Comprehensive Plan and the
approval criteria contained in SVMC 17.80.150(F).
b. The Growth Management Act requires that the comprehensive land use plan and development
regulations shall be subject to continuing review and evaluation by the City.
Recommendations:
The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2017-
0004 with modifications specified above.
Approved this 25th day of January, 2018
Michelle Rasmussen,Chair
ATTEST
Deanna Horton,Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0004 Page 2 of 2
CITY OF SPOKANE VALLEY STREET STANDARDS
CHAPTER 1 - INTRODUCTION
11'
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Chapter Organization
1.1 Title 1
1.2 Intent and Provisions 1
1.3 Objectives of Street Standards 1
1.3.1 Minimum Standards 1
1.3.2 Objectives 2
1.4 Authority 2
1.4.1 Development Services Senior Engineer 3
1.4.2 Senior Traffic Engineer 3
1.4.3 Senior Capital Projects Engineer 3
1.5 Document Organization 4
1.6 Amendments and Revisions to Standards 4
1.6.1 Policy Revisions 4
1.6.2 Technical Revisions 4
1.7 Interpretation of Standards 5
1.7.1 Governing Standards 5
1.7.2 Prior Acceptance of Construction Plans 5
1.7.3 Severability 5
1.8 Contact Information 6
1.9 Reference Material 6
1.10 Variance 7
1.11 Design Deviations 7
1.12 Abbreviations 8
1.13 Definitions 10
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CITY OF SPOKANE VALLEY STREET STANDARDS
THIS PAGE IS INTENTIONALLY LEFT BLANK
Adopted December 2009 Chapter 1—Introduction
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CITY OF SPOKANE VALLEY STREET STANDARDS
1.1 TITLE
These regulations, along with all future amendments, shall be known as the City of
Spokane Valley Street Standards (hereinafter called "Standards" or"Street Standards").
1.2 INTENT AND PROVISIONS
These Standards apply to all capital and development projects within the City's limits and,
to the extent allowed by law, to those projects outside of City limits that impact City
infrastructure or transportation systems. When full compliance with these Standards makes
a capital project impracticable or unfeasible, exceptions may be granted for reconstruction,
resurfacing, restoration and rehabilitation of existing public streets.
The City's review and approval of any plans,reports, or drawings or the City's inspection
and approval of any improvements designed and constructed by the Applicant in
accordance with these Standards, does not constitute a representation, warranty, or
guarantee by the City that such improvements are free from defects or will operate
adequately for the purpose intended.
The chapters and appendices that make up these Standards pertain to planning, design,
approval, construction, inspection, testing, maintenance and documentation of street
improvements. The intent of this manual is to establish the minimum acceptable standards.
1.3 OBJECTIVES OF STREET STANDARDS
1.3.1 MINIMUM STANDARDS
These Standards shall be the minimum standards necessary for design and
construction of all street_related and some onsite private improvements in the City.
Special situations,.as determined by the City,.may require different facilities and/or
standards. For items not covered by these Standards, the City may require the use
of other standards as referenced in Section 1.9.
It is incumbent upon the Applicant's engineer to use good engineering practice and
to be aware of, and implement, new design practices and procedures that reflect
current techniques in civil engineering. Good engineering practice is defined in
these Standards as professional and ethical conduct that meets the current codes
and regulations adopted for engineers. The proposed design shall consider
functionality, constructability, operation, and maintenance, including the health,
safety and welfare of the public.
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CITY OF SPOKANE VALLEY STREET STANDARDS
1.3.2 OBJECTIVES
It is the objective of these Standards to address the following:
• To provide for an efficient transportation system and improve local
circulation and emergency access by providing connectivity between
residential streets and arterials;
• To extend the functional life of the existing transportation systems and
increase its safe and efficient operation;
• To ensure public facilities and services meet level of service standards& as
adoptedestablishcd in the ftdepted Comprehensive Plan;
• To encourage the use of public streets in new development;
• To protect the public health, safety, environment, and welfare to the greatest
extent possible resulting from construction, operation and maintenance
activities within the public rights-of-way;
• To ensure the primary uses of the public rights-of-way are for bicycle,
pedestrian and vehicular travel;
• To ensure the public rights-of-way ares properly maintained during
construction and repair work in these areas;
• To protect the City's infrastructure investment by establishing standardized
design, materials, construction, and repair criteria for all public
improvements;
• To optimize the use of the limited physical capacity of public rights-of-way
held by the City;
• To provide an efficient permit system that regulates and coordinates activities
in an effective and safe manner;
• To protect private and public property from damages that could occur because
of faulty design and construction; and,
• To provide criteria for inspection of public and private improvements,in order
to ensureassure conformance with the approved plans, proper construction
techniques, and to ensure that acceptable materials are used for the
construction process of such public and/or private improvements.
1.4 Authority
The following sections describe City engineering positions having authority over these
Standards.
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CITY OF SPOKANE VALLEY STREET STANDARDS
.. . . . . .
The Development Services Senior Engineer is part of the Development Services
Division of the Community Development Department and has the authority to:
a. Require development projects to provide and improve future acquisition
areas, dedicate right of way and border easements, construct new streets,
and/or improve existing infrastructure to the applicable standard pursuant to
the City of Spokane Valley Municipal Code (SVMC) Title 22.130, the
Revised Code of Washington (RCW) , , , , , and ,
b. Make slight modifications to the standard sections for public streets when site
conditions warrant;
c. Ensure that all design and construction for development projects is completed
to a level that is equal to or exceeds the requirements set forth in these Street
Standards;
d. Make revisions to the Street Standards in accordance with Section 1.6; and,
c. Review and approve design deviations for development projects in
accordance with Section .
1.4.2 Senior Traffic Engineer
The Senior Traffic Engineer is part of the Traffic Division of the Public Works
Department and has the authority to:
a. Determine traffic concurrency for development projects pursuant to the
SVMC 22.20;
b. Review and approve driveway locations within intersections;
c. Review and approve signal,signing and striping plans to ensure that they meet
or exceed the applicable Manual on Uniform Traffic Control Devices
(MUTCD) standards;
d. Ensure that capital projects and development projects meet or exceed the
traffic requirements set forth in Chapter 3; and,
c. Impose other traffic requirements to the extent allowed by the law.
•
_ .
Division of the Public Works Department and has the authority to:
a. Ensure that all design and construction for capital projects is completed to a
level that is equal to or exceeds the requirements set forth in these Street
Standards;
b. Review and approve design deviations for capital projects in accordance with
Section 1.11; and,
tea.Make deviations or modifications to the standard sections for capital projects
when site conditions warrant in accordance with Section 1.11.
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CITY OF SPOKANE VALLEY STREET STANDARDS
4,51.4DOCUMENT ORGANIZATION
These Standards are generally organized as described below:
• Chapter 2 describes typical project requirements;
• Chapter 3 describes traffic analysis requirements;
• Chapter 4 describes requirements for plan submittal;
• Chapter 5 describes requirements for clearing and grading;
• Chapter 6 describes requirements for utility work;
• Chapter 7 describes requirements for street design;
• Chapter 8 describes requirements for pavement design;
• Chapter 9 describes requirements for inspection and certification;
• Chapter 10 describes maintenance requirements; and,
• Chapter 11 provides the City's Standard Plans.
4 61.5AMENDMENTS AND REVISIONS TO STANDARDS
The Street Standards may be periodically amended as necessary to provide additional
clarity or to reflect changes in policy or in construction or engineering practice. Such
revisions to these Standards may consist of either "policy" revisions or "technical"
revisions.
The City will maintain an electronic file of these Standards. All updates and revisions will
be available on the City web page or at the City Clerk's office.
1.6.11.5.1 POLICY REVISIONS
Policy revisions shall be considered major changes, changes in law and changes
that will cause significant increased cost or controversy. Policy revisions also
include those changes that relate to the public use and convenience,such as changes
in standard street width.
Policy revisions require a public hearing process for their adoption and City
Council approval.
1.6.21.5.2 TECHNICAL REVISIONS
Technical revisions shall consist of minor additions, clarifications, revisions, and
corrections to the Street Standards and City standard plans as may be necessary to
better conform to good engineering and/or construction standards and practice.
Technical revisions shall be:
a. Consistent with all existing policies relevant to the revision;
b. Necessary for the public's health, safety and welfare;
c. Needed to clarify these Standards; or,
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CITY OF SPOKANE VALLEY STREET STANDARDS
d. Consistent with existing law.
Technical revisions shall become effective when approved in writing. If technical
revisions are deemed necessary, the revisions may occur through either:
e. Planned periodic revisions; or
f. An accelerated process. If a technical revision is determined to be
immediately necessary, then the change shall be made and notification given
on the web page. Document holders on record with the City;will be notified
of the changes.
4,71.6INTERPRETATION OF STANDARDS
In the interpretation and application of the provisions of the Street Standards,the following
principles shall apply:
4T77-11.6.1 GOVERNING STANDARDS
Whenever a provision of the Street Standards or any provision in any law,
ordinance,resolution, rule, or regulation of any kind contains restrictions covering
any of the same subject matter, the standards that are more restrictive or impose
higher standards or requirements shall govern.
1.7.21.6.2 PRIOR ACCEPTANCE OF CONSTRUCTION PLANS
The Street Standards shall not modify or alter any street construction plans that
have been filed with and accepted by the City prior to the effective date of the
ordinance or resolution adopting the Street Standards. This exception shall be
subject to the conditions and limitations under which said plans were accepted by
the City.
1.7.3 SEVERABILITY
If any section, sentence, clause or phrase of these Standards should be held invalid
or unconstitutional, the validity or constitutionality thereof shall not affect the
Standards.
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CITY OF SPOKANE VALLEY STREET STANDARDS
1.8 CONTACT INFORMATION
City of Spokane Valley City of Spokane Valley
11707 E. Sprague, Suite 106 11707 E. Sprague, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Phone (509) 921 1000 Phone (509) 921 1000
Fax(509) 688 0037 Fax (509) 921 100&
City of Spokane Valley City of Spokane Valley
11707 E. Sprague, Suite 106 11707 E. Sprague, Suite B 3
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Phone (509)921 1000 Phone (509)720 5210
Fax (509) 688 0261 Fax (509) 688 0037
. _• . . .. . . F c Protcct: Distr ct 8
PT-eve-Mien-Office
13319 E Sprague 12100 E Palouse Highway
Spokane Valley, WA 99206 Valleyford,WA 99036
Phone (509) 928 1700 Phone (509) 926 6699
e' :' ' Fax (509) 921 835&
41.7REFERENCE MATERIAL
The Street Standards are supplemented by the current version of the "Washington State
Department of Transportation/American Public Works Association (WSDOT/APWA)
Standard Specifications for Road,Bridge and Municipal Constructions"latest edition.The
Street Standard Details are comprised of the City's construction and design detail drawings
for grading, storm drainage, and street work within the City that are supplemented by the
current version of theWashington State Department of Transportation (WSDOT)
"Standard Plans for Road, Bridge and Municipal Construction."
The current versionedition of the following publications should shall be used as additional
reference material for design applications,when situations are not addressed by these Street
Standards or WSDOT Standards. Every subsequent reference to one of these publications
in the Street Standards shall be to the currently adopted version unless specifically stated
to the contrary, whether stated or not. Other standard technical references may be used if
approved by the City Engineer:
a. American Association of State Highway and Transportation Officials' (AASHTO)
"A Policy on Geometric Design of Highways and Streets" (Green Book)
b. AASHTO Guide for the Development of Bicycle Facilities
c. AASHTO Standard Specifications for Highway Bridges
d. Americans with Disabilities Act(ADA)Accessibility Guidelines
e. American Society for Testing and Materials (ASTM)
f. Associated Rockery Contractors, Standard Rock Wall Construction Guidelines
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CITY OF SPOKANE VALLEY STREET STANDARDS
g. City of Spokane Valley Municipal Code
h. Federal Highway Administration (FHWA) Engineering Circulars
i. Highway Capacity Manual
j. Institute of Transportation Engineers (ITE)Trip Generation Manual
k. International Fire Code adopted by the City of Spokane Valley
1. Washington Model Traffic Ordinance (Chapter 308-330 WAC)
m. Spokane County Standards for Road and Sewer Construction
n. Spokane Regional Stormwater Manual
o. U. S. Department of Transportation Manual on Uniform Traffic Control Devices,
(MUTCD)
p. Washington Department of Ecology Stormwater Management Manual for Eastern
Washington
q. Washington State Department of Transportation (WSDOT) Design Standards
r. WSDOT Guidelines for Urban Arterial Program
s. WSDOT Local Agency Guidelines
t. WSDOT Standard Specifications for Road, Bridge and Municipal Construction
u. WSDOT "Design Standards"
v. Design criteria of federal agencies including the Federal Housing Administration,
Department of Housing and Urban Development; and the Federal Highway
Administration, Department of Transportation
1.10 Variance
The requirements established in Chapter 2 can only be waived or reduced through a
variance. Refer to SVMC Title 19.170 for variance process and requirements.
4,141.8 DESIGN DEVIATIONS
In special cases, strict application of Street Standards may not best address a particular
engineering situation. In these cases, a design deviation may be requested. Design
deviation requests shall be on the City's form and include applicable engineering
justification for the deviation_. The Development Services Senior Engineer is the final
authority to deny or approve a design deviation request for development projects. For
capital projects, the authority lies with the Senior Capital Projects Engineer.
a. The Applicant shall request a design deviation when either of the following
situations applies:
i. The project proposes non-standard methods, analysis, design elements or
materials; or,
ii. The project proposes design elements above maximum criteria or below the
minimum criteria found in these Standards.
b. A design deviation will only be considered for review if:
i. The design elements proposed do not conflict with or modify a condition of
approval; and,
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CITY OF SPOKANE VALLEY STREET STANDARDS
ii. The design elements proposed are based on sound engineering principles, and
are not inconsistent with the public interest, and the City's goals and policies.
c. To requestFor consideration of a design deviation, the Applicant shall submit a
design deviation request and supporting documentation. The supporting
documentation shall include sufficient information for the City to make a decision
as to the adequacy of the proposal. The design deviation package shall demonstrate
that:
i. There are special physical circumstances or conditions affecting the property
that may prohibit the application of some of the requirements of these standards;
ii. Every effort has been made to find alternative ways to meet the objectives of
the Street Standards;
iii. Approving the design deviation will not cause adverse impact on down gradient
or adjacent properties,public health or welfare; and,
iv. Approving the design deviation will not adversely affect the goals and policies
of: the City's Comprehensive Plan, Spokane Valley Municipal Code, Sprague
and Appleway Corridors Subarea Plan,Street Master Plan,and Transportation
Improvement Plan.
4421.9 ABBREVIATIONS
When the following abbreviations appear in these Standards,they shall mean the following:
AASHTO American Association of State Highway and Transportation Officials
ADA Americans with Disabilities Act
ADT Average Daily Trips
APWA American Public Works Association
ASA American Standards Association
ASTM American Society for Testing Materials
BMPs Best Management Practices
CBR California Bearing Ration
CC&Rs Covenants, Codes and Restrictions
CESCL Certified Erosion and Sediment Control Lead
CSBC Crush surfacing base course
CSTC Crush surfacing top course
Dbh Diameter Breast Height
ESALs Equivalent Single-Axle Loads
ESC Erosion and Sediment Control
FAA Federal Aviation Administration/Future Acquisition Arca
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CITY OF SPOKANE VALLEY STREET STANDARDS
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FOP Field Operating Procedure
GMA Growth Management Area
HCM Highway Capacity Manual
HMA Hot Mix Asphalt
HOA Homeowner's Association
IBC International Building Code
IFC International Fire Code
IRC International Residential Code
ITE Institute of Transportation Engineers
LOS Level of Service
Mr Resilient Modulus
MUTCD Manual on Uniform Traffic Control Devices
O&M Operations and Maintenance
PI Point of Intersection
PC Point of Curvature
PCR Point of Curve Return
PE Professional Engineer
PGIS Pollution Generating Impervious Surfaces
PLS Professional Land Surveyor
POA Property Owner's Association
PT Point of Tangency
RCW Revised Code of Washington
SEPA State Environmental Policy Act
SI Street intersection
SR State Route
SRSM Spokane Regional Stormwater Manual
SRTC Spokane Regional Transportation Council
SVMC Spokane Valley Municipal Code
TESC Temporary Erosion and Sedimentation Control
TIA Traffic Impact Analysis
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CITY OF SPOKANE VALLEY STREET STANDARDS
TIP Transportation Improvement Program
USGS United States Geological Survey
WAC Washington Administrative Code
WAQTC Western Alliance for Quality Transportation Construction
WSDOT Washington State Department of Transportation
4,141.10 DEFINITIONS
For the purpose of these Street Standards, certain words and terms are herein defined. The
word"shall"is always mandatory. The word"may" is permissive, subject to the judgment
of the person administering the code. The word "should" indicates an advisory condition,
recommended but not required.
These definitions take precedence over those found elsewhere in the SVMC. In the event
a technical term is not listed below, definitions shall be taken from the WSDOT Design
Manual.
Access Management: The concept of a public agency controlling the location of
access points in order to achieve the dual purposes of providing access to individual
land uses and limiting access on higher order streets in order to facilitate the smooth
flow of traffic with a limited amount of impedance.
Applicant: The party or parties desiring to construct a public or private improvement
or project within City rights-of-way, easements or private property, securing all
required approvals and permits from the City, and assuming full and complete
responsibility for the project. The Applicant may be the Developer Owner or the
individual designated by the DeveloperOwner to act on his behalf.
Binding Site Plan: A division of land approved administratively by the Department of
Community Development, which legally obligates a person making a proposal to
conditions, standards or requirements specified by these Standards and the SVMC.
Border Easement: A dedicated easement on private property adjacent to public street
right-of-way established for the purpose of utility, drainage facilities,pedestrian access
or other public purpose.
Building Division: The Division at the City of Spokane Valley responsible for
reviewing, issuing and certifying construction permits.
Builder: The party or parties desiring to construct a public or private project, which
may include improvements,within the boundaries of the Applicant's project. Builder's
project may include but not be limited to landscaping, paving, stormwater facilities,
structures and installation of facilities or utilities to support the Builder's project.
Certificate of Occupancy: An official certificate issued by the City building official
that indicates conformance with all applicable provisions of the SVMCbuildin_
requirements and zoning regulations and authorizes legal use of the premises for which
it is issued.
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CITY OF SPOKANE VALLEY STREET STANDARDS
Certification Package: A packet prepared by the Onsite Inspector including, but not
limited to, Mylar record drawings, weekly reports, certification checklist and related
construction documents, for review by the City to determine project acceptability.
City: City of Spokane Valley, Washington.
City Engineer -- The City Engineer or his duly authorized representative.
Clear Zone:A relatively flat area void of fixed objects or obstructions beyond the edge
of the traveled way that allows drivers to stop safely or regain control of a vehicle that
leaves the traveled way.
Clearing and grubbing: Includes, but is not limited to, removing trees, stumps, roots,
brush, structures, abandoned utilities, trash, debris and all other materials found on or
near the surface of the ground in the construction area.
Concurrency: A requirement that those public facilities and services necessary to
support development shall be adequate to serve the development at the time the
development is available for occupancy and use, without decreasing the current level
of service below locally established minimum standards adopted by the City.
Contractor: The individual, partnership, firm or organization to whom a construction
contract has been awarded by the Applicant, or who has been issued a right-of-way
work permit by the City, for work covered by the contract. Agents, employees,
workers, subcontractors, or designers employed by the Contractor shallare also be
bound by the terms of the contract or permit.
Corner Clearance: At an intersecting street,the distance measured along the curb line
from the projection of the intersecting street flowline to the nearest edge of the curb
opening.
County: Spokane County.
Design Deviation: An administrative approval of design elements that do not conform
to or are not explicitly addressed by these Standards.
Design E gineerer: The person or persons responsible for the creation and submission
of contract documents or construction plans for the purpose of one time construction
of a facility. This person shall be a Washington licensed professional engineer.
Developer: Owner of the Project and/or Development. Owner may be an individual,
corporation, government or governmental agency, business trust, estate, trust,
partnership, association, or some combination of the foregoing.-
Development:Any man-made change to improved or unimproved real estate including
the division of land with potential for construction.
Development Agreement: The contract between the City and the Applicant that
defines public improvement requirements,costs,and other related public improvement
issues.
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CITY OF SPOKANE VALLEY STREET STANDARDS
Development Inspector: A City employee, responsible for coordinating with the
Onsite Inspector(s), reviewing and accepting certification packages and warranty
sureties, and recommending public streets for establishment.
Driveway: Any area, improvement or facility between a public or private street and
private property, which provides ingress/egress for vehicles from a public or private
street to a lot or parcel or to a structure constructed on the lot or parcel, whichever is
longer.
Driveway Approach: The transition at the end of a private street or driveway where it
connects to a public or private street. For details, see standard plans.
Easement: A right to use the land of others. The right may be from the common law
or may be acquired, usually by purchase or condemnation and occasionally by
prescription or inverse condemnation. The right is not exclusive, but subject to rights
of others in the same land, the lesser right being subservient to a prior right which is
dominant. Easements for drainage may give rights to impound, divert, discharge or
concentrate surface flow, extend pipelines, deposit silt, erode, scour, or any other
necessary consequence of a development.
Engineer: Shall mean a professional engineer. See Professional Engineer definition.
Engineered Driveways: Driveways, which due to their length, surface area or other
situational factors, are required to be designed by a professional engineer licensed in
the State of Washington.
Engineering—City Engineering Department
Fill: A deposit of earthen material placed by artificial means.
Fire Department: Fire district having jurisdiction.
Fire Lane:An access designated to accommodate emergency access to a parcel of land
or its improvements.
Final Acceptance: The written notification from Development Engineering, after the
Development Services SeniorCity Engineer finds the Warranty Period to be
satisfactorily completed, that all public improvements are free of defects and the City
releases the Applicant from future maintenance obligations.
Frontage Improvements: Required improvements on public streets fronting the
property which typically include pavement widening, curb, gutter, grassy swale, and
sidewalk.
Future Acquisition Arca: Area identified on property as potential right of way for
the easement area.
Grading: The physical manipulation of the earth's surface and/or surface drainage
pattern which includes surcharging, preloading, contouring, cutting, and filling to
establish final site grades.
Half-Street Improvements: Shall mean, tThe construction of frontage improvement
on the street fronting the property or development, including paving from the street
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CITY OF SPOKANE VALLEY STREET STANDARDS
centerline, curb, gutter, swale or grassy strip, and sidewalk, plus a minimum of a 12-
foot lane on the opposite side of centerline with a one4-foot gravel shoulder and grassy
ditch for stormwater treatment. The final pavement width shall be at least 28 feet.
Improvements: All public or private improvements within City rights-of-way ei
easements or private property. Development of a public or private street, typically
including some or all of the following: pavements, curb, gutter, landscaped swale,
sidewalk, drainage improvements.
Intersection Sight Distance: The distance necessary for the driver of a motor vehicle
stopped at an intersection or driveway to see approaching vehicles, pedestrians, and
bicyclists along the intersecting major street and have sufficient space to make any
allowed move to cross the intersection or merge with traffic without causing vehicles,
pedestrians, or bicyclists traveling at or near the design speed on the major street to
slow down. The controlling distance for design is the longest distance, generally the
distance necessary to merge with traffic.
Land Disturbing Activity: The result in a change in existing soil cover(vegetative or
non-vegetative) or site topography. Land disturbing activities include, but are not
limited to, demolition, construction, clearing and grubbing, grading and logging.
Level of Service (LOS): A measure of a public facility or service's operational
characteristics used to gauge its performance.
Offsite Improvements: Construction of facilities located away from and up to a
project site, necessary to serve the proposed development or to mitigate effects of the
development.
Onsite Inspector: A qualified person or firm, hired by the Applicant or Owner,
responsible for project inspection and certification.
Pollution Generating Impervious Surface (PGIS): Impervious surfaces that are
significant sources of pollutants in stormwater runoff. Such surfaces include those that
are subject to vehicular use, industrial activities, or storage of erodible or leachable
materials that receive direct rainfall, or run-on or blow-in of rainfall. Metal roofs are
considered to be PGIS unless coated with an inert, non-leachable material. Roofs that
are subject to venting of manufacturing,commercial, or other indoor pollutants are also
considered PGIS. A surface, whether paved or not, shall be considered PGIS if it is
regularly used by motor vehicles. The following are considered regularly-used
surfaces: streets, non-vegetated street shoulders, bike lanes within the traveled lane of
a street, driveways, parking lots, unfenced fire lanes, vehicular equipment storage
yards, and airport runways.
Pre-Construction Meeting: A meeting between the Designer and assigned agents,the
Onsite Inspector, and the Development Inspector to review proposed work necessary
to construct the project,prior to proceeding with the work. A meeting may be required
for each project, at the Development Inspector's discretion.
Private Street: A local access street that is privately owned and maintained by capable
and legally responsible owner(s).
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CITY OF SPOKANE VALLEY STREET STANDARDS
Professional Engineer (P.E.) (or Engineer): A civil engineer licensed in Washington
under Chapter 18.43 RCW who is qualified by examination and/or experience to
practice in the fields of civil, geotechnical and/or soils engineering.
Professional Land Surveyor (P.L.S.) (or Surveyor): A Washington licensed land
surveyor.
Project: The public or private improvement(s)designated in the approved plans,which
are to be constructed in conformance with these Standards. The term"Project"includes
any and all public or private improvement projects for or within the City, whether
development projects, private utility projects, or capital improvement projects.
Public Improvements: Public facilities to be located within the rights-of-way or
border easement which include pavement, curb and gutter, sidewalk,
pedestrian/bike/equestrian paths, storm drain facilities, bridges, water distribution or
transmission facilities with related appurtenances, pavement markings, signage and
striping, traffic signals and related appurtenances, erosion control and right-of-way
grading, or earth excavation processes integral to construction of other public
improvements listed herein.
Punch list, Initial or Final: A written list of work items, compiled by the Onsite
Inspector, which do not conform to these Standards, the plans or SVMCothcr
associated City Codes that govern the project and require correction prior to project
approval.
Record Drawings: Original approved design drawings, updated by an professional
engineer which depicts all modifications from the design that occurred during
construction.
Redevelopment: Removal or modification of existing improvements and construction
of new improvements or substantial remodeling.
Regional Pavement Cut Policy: A regional policy adopted by the City of Spokane
Valley, City of Spokane, and Spokane County. This policy, amongst other things,
the construction of a newly paved street.
Rights-of-way (Also "public right-of-way"): The land area (owned by the City)
which was acquiredprovided by by acquisition or dedication for public use of streets,
utilities,walks, and other uses, includingalso providing access to adjoining properties.
Right-of-way Permit: A permit, with or without conditions specified by the City,
which allows an Applicant to construct afpfpublic or private improvements within the
public rights-of-way or border easement.
Subdivision:
Short-Long Subdivision: A division of land resulting in the creation of 10 or more
9 or fewer lots.
Short Subdivision: A division of land resulting in the creation of nine or fewer
lots.
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CITY OF SPOKANE VALLEY STREET STANDARDS
Slope, Recoverable: A slope on which a motorist may retain or regain control of a
vehicle by slowing or stopping. Slopes flatter than 4:1 are generally considered
recoverable.
Slope,Non-recoverable: A slope considered being traversable but on which an errant
vehicle continues to bottom. Embankment slopes between 3:1 and 4:1 may be
considered traversable but non-recoverable if they are smooth and free of fixed objects.
Specifications: Construction and standards adopted by the City.
Speed—85th Percentile: The speed at or below which 85%percent of the motorists
drive on a given street unaffected by slower traffic or poor weather. This speed
indicates the speed that most motorists on the street consider safe and reasonable under
ideal conditions.
Street: A public or private way for vehicular travel, exclusive of the sidewalk or
shoulder even though such sidewalk or shoulder is used by persons riding bicycles.
Street Classifications: The identification of a street according to different levels of
emphasis on traffic movement versus direct access to property.
Surety: A financial instrument securing the Applicant's responsibility to complete
construction of public or private improvements within an approved project. Surety shall
also mean a financial instrument securing the Applicant's obligations throughout the
Warranty Period. Sureties approved by the City include cash, letters of credit and
savings assignment.
Surety, Performance: A surety securing the Applicant's responsibility to complete
construction of public or private improvements within an approved project.
Surety, Warranty: A surety securing the Applicant's obligations throughout the
warranty period;required of projects in the public rights-of-way and border easements,
guaranteeing against defects in street construction, utility work and/or drainage
facilities.
Surveyor: Shall mean a professional land surveyor, see definition.
Swale: A grassland percolation area designed to accept and treat storm runoff from
impervious areas such as streets, driveways, sidewalks,parking lots,roofs, etc.
Traffic Calming Devices: Physical measures included in the design of streetstravel
ways that improve neighborhood livability by reducing the speed and impact of
vehicular traffic on residential streets.
Travel Lane: The portion of the street intended for the movement of vehicles,
exclusive of shoulders and lanes for parking.
Trip Generation and Distribution Letter (TGDL): A document, prepared by a
professional civil engineer with experience in traffic, design and analysis that
identifies the amount of traffic anticipated to and from a development. The letter is
reviewed to determine if a traffic impact analysis is required.
Traffic Impact Analysis (TIA): A study of the potential traffic impacts of a
development on the transportation system.
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CITY OF SPOKANE VALLEY STREET STANDARDS
Variance: The process used to change or reduce improvements required of a project.
Warranty Period: The period of time that the Applicant remainsi-s- responsible for
material and workmanship defects in the public improvements,which remains in effect
until written notification is issued by the City. Warranty period is a minimum of two
years.
Wheel Path: The three3--foot wide portion of a travel lane,located on both sides of the
travel lane and the two2-foot wide portion from the center of the travel lane.
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CITY OF SPOKANE VALLEY STREET STANDARDS
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CITY OF SPOKANE VALLEY STREET STANDARDS
CHAPTER 10 - MAINTENANCE
L.
A
09/14/2005
•
Chapter Organization
10.1 Introduction 1
10.2 Maintenance Responsibility 1
10.2.1 Public Streets 1
10.2.2 Private Streets and Driveways 1
10.3 Required Documents 2
10.3.1 Homeowners' and Property Owners' Associations 2
10.3.2 Operation and Maintenance Manual 2
10.3.3 Financial Plan 3
10.3.4 Conversion from Private to Public Street 3
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CITY OF SPOKANE VALLEY STREET STANDARDS
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Adopted December 2009 Chapter 10—Maintenance
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CITY OF SPOKANE VALLEY STREET STANDARDS
10.1 INTRODUCTION
This chapter establishes the parties responsible to maintain the public and private
infrastructure created with development. In addition, it provides a list of documents
required to be submitted during project review.
10.2 MAINTENANCE RESPONSIBILITY
10.2.1 PUBLIC STREETS
Upon releasing the warranty surety and acceptance of the public infrastructure, the
City maintains all public streets(curb,gutter, and pavement) and public stormwater
drainage structures (drywells, inlets and pipes) located within the public rights-of-
way and within border easements that serve public street runoff.
The City does is not responsible for maintainmaintenance of sidewalks or
landscaping of swales and grass strips, even if located within the public right-of-
way or border easements. Property owners are responsible for the maintenance of
these features as described below. Swale maintenance means includes preservation
of the original area, volume, configuration and function of the stormwater facility
as described in the approved plans. Swale maintenance also includes mowing,
irrigating, and replacing when necessary the lawn turf within the swales. The
pProperty owners are also responsible for maintaining sidewalks free of
obstructions and debris, including snow and ice. If the property owners fail to
maintain said facilities,the City shall give a notice of such failure to the property owners.
If not corrected within the period indicated on said notice,the City has the right to correct
the maintenance failure,or have it corrected, at the expense of the property owners.
10.2.2 PRIVATE STREETS AND DRIVEWAYS
The City does is not responsible for maintainmaintenance of any of the
infrastructures located on private streets or private driveways infrastructure.
Private streets and driveways and related facilities shall be contained within a
permanently established tract or easement providing legal access to each lot served.
The Applicant shall provide arrangements for the perpetual maintenance of the
private streets, private driveways and all elements of the stormwater system
(including swales within the right-of-way and border easements), and any other
related facilities.
The City does shall not furnish, install, or maintain signs for private streets
including stop signs or street name signs for private streets intersecting public
streets or"No Parking" signs. The owner may install their own sSigns shall be in
accordance with MUTCD. Installation of signs at intersections with public streets
require , but must have approval from the Seniorathe City Traffic Engineer,when
installing signs at intersections with public streets.
Access shall be granted to the City to provide emergency maintenance of private
facilities. The cost of emergency maintenance shall be the responsibility of the
property owners or the Homeowners' Association in charge of maintenance.
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CITY OF SPOKANE VALLEY STREET STANDARDS
10.3 REQUIRED DOCUMENTS
The following maintenance-related items shall be submitted for all projects with private
streets and/or common areas:
a. A copy of the conditions,covenants and restrictions(CC&Rs)for the homeowners'
association (HOA) or property owners' association (POA) in charge of operating
and maintaining all elements of the private street system (see Section 10.3.1);
b. An operations and maintenance (O&M) manual (see Section 10.3.2);
c. A financial plan outlining the funding mechanism for the operation, maintenance,
repair, and replacement of the private street system, related facilities and/or
common areas (see Section 10.3.3);
d. Street maintenance agreements, as applicable;
e. Reciprocal use agreements, as applicable; and,
f. Drainage easements, as applicable.
Refer to the Spokane Regional Stormwater Manual for maintenance requirements for
stormwater facilities.
10.3.1 HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATIONS
An HOA shall be formed to maintain the private streets, signs, entrance gates, other
related facilities and/or common areas. For commercial/industrial and multi-family
residential developments with shared access and multiple owners, a POA or similar
entity shall be formed, or a reciprocal-use agreement executed.
If the HOA or POA has CC&Rs, a draft copy of the CC&Rs for the HOA or POA
shall be submitted with the civil and drainage plans. The CC&Rs shall summarize
the maintenance and fiscal responsibilities of the HOA or POA, refer to the O&M
Manual, and include a copy of the sinking fund calculations and Financial Plan.
Annual HOA or POA dues shall provide funding for the annual operation and
maintenance of private streets, private driveways, related facilities, and common
areas. The sinking fund calculations shall also include costs for the maintenance of
the stormwater system and all facilities associated with the stormwater system
(Refer to Chapter 11 of the Spokane Regional Stormwater Manual).
Homeowners' associations and property owners' associations are to shall be non-
profit organizations accepted by the Washington Secretary of State. A standard
business license is not acceptable for this purpose.
10.3.2 OPERATION AND MAINTENANCE MANUAL
All projects with private streets and/or common areas used for stormwater
management shall have an O&M Manual. Projects with engineered driveways may
also be required to submit an O&M Manual. The O&M Manual must shall include,
at a minimum:
a. Description of the entity responsible for the perpetual maintenance,
including legal means of successorship;
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CITY OF SPOKANE VALLEY STREET STANDARDS
b. Description of street maintenance tasks to be performed and their
frequency. Street maintenance tasks shall include at a minimum street
sweeping, snow plowing, signage repair, crack sealing, pot hole repair,
overlay, pavement replacement, etc.;
c. Description of the stormwater maintenance tasks to be performed and their
frequency. Tasks shall include, at a minimum, swale maintenance and
removing sediment from drywells, catchbasins, and pipe system. Swale
maintenance means preservation of the original area,volume,configuration
and function of the stormwater facility as described in the plans. Swale
maintenance also includes mowing, irrigating, and replacing when
necessary the lawn turf within the swales;
d. Description of emergency maintenance tasks to be performed and their
frequency, such as gate operation, "No Parking" signs, access to fire
hydrants, fire lanes;
e. Description of the source control best management practices (BMPs) such
as street sweeping(refer to Chapter 10 of the Spokane Regional Stormwater
Manual);
f. A list of the expected design life and replacement schedule of each
component of the private street and/or stormwater management system;
g. A general site plan (drawn to scale) showing the overall layout of the site;
and;
h. Contact information for the Edesign engineer.
10.3.3 FINANCIAL PLAN
To provide guidance regarding financial planning for maintenance and replacement
costs, a Financial Plan is required. The Financial Plan shall include the following
items:
a. A list of all private streets and related facilities, common areas, and/or
stormwater management facilities, expected maintenance activities and
associated costs;
b. Sinking fund calculations that take into consideration probable inflation
over the life of the infrastructure and estimates for the funds needed to be
set aside annually; and,
c. A mechanism for initiating and sustaining the sinking fund account
demonstrating that perpetual maintenance will be sustained.
10.3.4 CONVERSION FROM PRIVATE TO PUBLIC STREET
The Applicant shall submit written authorization from all property owners, any and
all available construction drawings of the subject street, along with an engineer-
stamped analysis of the pavement and subgrade as determined from test sites
separated no greater than 100 feet apart, or as required by the City. Digital photos
at every 50 feet, or as the City requires, shall be submitted with the application.
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CITY OF SPOKANE VALLEY STREET STANDARDS
The City shall review the information, visually check the street and determine
requirements to bring the street up to current City standards.
A letter of requirements shall be issued by the City. The Applicant(s) shall meet
the requirements before the street is accepted as a public right-of-way. The
Applicant shall prepare a legal description of the street and execute a deed of trust,
transferring the property to the City once the physical deficiencies have been
corrected and accepted.
December 2009 Chapter 10-Maintenance
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Spokane Valley Municipal Code Page 1/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
Chapter 22.130
DEVELOPMENT TRANSPORTATION IMPROVEMENTS
Sections:
22.130.010 Purpose.
22.130.020 Regulated activities.
22.130.030 Authority to develop and administer standards.
22.130.040 Street standards.
22.130.050 Manual on Uniform Traffic Control Devices.
22.130.060 Development project and permit review process.
22.130.070 Required improvements.
22.130.080 Future acquisition areas.
22.130.090 Conditional use permit.
22.130.100 Right-of-way permit and use requirements.
22.130.110 Liability.
22.130.010 Purpose.
The purpose of this chapter is to:
A.Maintain the proper function of street infrastructure;
B.Maintain and improve the street safety;
C.Provide for future street expansion;
D.Identify requirements that may be imposed upon development projects and permits defined in SVMC 22.130.020.
(Ord.09-033 §3,2009;Ord.07-015 §4,2007).
22.130.020 Regulated activities.
All new development approvals and permits as set in Chapter 17.80 SVMC,unless exempt pursuant to SVMC
17.80.040,shall comply with this chapter.(Ord.09-033 § 3,2009;Ord.07-015 §4,2007).
22.130.030 Authority to develop and administer standards.
The development services senior engineer,under the authority of the city manager or designee,shall develop and
administer the Spokane Valley street standards(SVMC 22.130.040)and require development projects to provide
transportation improvements,dedicate right-of-way and border easements,and future acquisition arcaa.These
improvements will be required to achieve the purpose of this chapter and goals of the currently adopted
Comprehensive Plan.(Ord. 17-004§ 3,2017;Ord.09-033 § 3,2009).
22.130.040 Street standards.
Pursuant to RCW 35A.11.020 and 35A.12.140,the City adopts,by reference,the City street standards,and as it may
be amended from time to time.The city clerk shall maintain a copy on file.(Ord. 16-018 §7(Att.B),2016;Ord.
09-033 §3,2009).
22.130.050 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices(MUTCD),and as it may be amended from time to
time,is hereby adopted by reference.(Ord.09-033 §3,2009;Ord.07-015 §4,2007.Formerly 22.130.070).
22.130.060 Development project and permit review process.
Following submittal of a completed application pursuant to Chapter 17.80 SVMC,the project shall be reviewed to
determine compliance with all applicable regulations and standards.Additional material and/or analysis may be
required to demonstrate compliance.(Ord.09-033 §3,2009).
The Spokane Valley Municipal Code is current through Ordinance No. 17-014,passed November 14,2017.
Spokane Valley Municipal Code Page 2/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
22.130.070 Required improvements.
A.Prior to the issuance of any approvals for development projects or permits subject to the provisions of this
chapter,the :- -- --••-• - -•': -• •-- ity Manager or designee shall determine the extent and type of
street improvements and;right-of-way/border easements dedications or designation of future acquisition areas
required,to the extent allowed by the law,and pursuant to the following:
1.The Comprehensive Plan;
2.The arterial street map;
3.The street standards(SVMC 22.130.040);
4.The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050;
5.The local street plan;
6.Information submitted by the applicant including any preliminary site plans,engineering reports,or other
relevant data;
7.A determination of the function,safety,efficiency and coordinated future expansion needs of the roadway
system to serve the traveling public and emergency vehicles;and
8.Portions of the uniform development code, SVMC Titles 17 through 25,that specifically identify required
future roadways,streets,or other rights-of-way.
B.Requirements may include but are not limited to:
1.The extent and type of required street improvements pursuant to SVMC 22.130.040;
2.The extent of additional and/or new right-of-way and/or border easement needed to support the required
improvements pursuant to SVMC 22.130.040;
3.Designation of future acquisition areas pursuant to SVMC 22.130.080;
43.Participation in capital improvement projects as included on the adopted six-year street improvement plan.
(Ord.09-033 § 3,2009;Ord.08-006§ 1,2008;Ord.07-015 §4,2007.Formerly 22.130.030).
A. When a future acquisition area is designated,a title notice shall be completed and recorded with the county
auditor.The notice shall run with the land and shall not be removed or amended prior to approval.The notice shall
be recorded as soon as possible and,in all cases,prior to the issuance of a building permit.The notice shall:
1.Include the tax parcel number and the full legal description;
2.Make reference to any related approval file number or permit numbers;
3.Include an exhibit showing street names, future acquisition areas,rights of way, and their dimensions;
1.Identify any limitations for improvements or features within the acquisition boundary(ies);
5.Indicate that the future acquisition area is private property;
6.Identify the responsibility for relocation or loss of interim features or improvements within the future
acquisition areas; and
7.Be mailed to the property owner's and taxpayer's address as shown in the current Spokane County
assessor's/treasurer's records,if a complete mailing address is indicated.
The Spokane Valley Municipal Code is current through Ordinance No. 17-014,passed November 14,2017.
Spokane Valley Municipal Code Page 3/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
The establishing-agency may approve the amendment and removal of the title notice if the arterial street plan,the
local street map or other conditions change and the recorded title notice is no longer necessary.If the City initiates
the amendment or removal of the title notice,the property owners will be notified of the change.
B.Building Setback.The required setback of buildings as specified in the underlying zone classification shall be
measured from the future acquisition area boundary.Exceptions to the full setback may be administratively ranted
1.An existing-parcel or lot equals or is up to five percent larger than the minimum lot area required in the
underlying zone;
2.An existing parcel or lot has an existing building proposed for expansion;or
3.The applicant adequately demonstrates a site design or use limitation for the existing property.
Such exceptions may be ranted;provided,that:
a.The property is not part of a zone reclassification and/or subdivision application; and
b.The property has no reasonable alternative site design solution feasible; and
c.A title notice is recorded pursuant to this section that further identifies likely impacts(such as noise,
d.The building is located at the greatest setback possible,but in any case shall be no closer than
one quarter of the required setback from the future acquisition area boundary and shall not be located
within the future acquisition area.
C. Landscaping. Significant landscape features, such as trees, shall be located in such a manner that when the street
is widened in the future a significant portion of such landscaping features,such as matured trees,will not need to be
destroyed or relocated.A majority of the trees required in the current landscaping areas shall be planted eight feet
from the future acquisition area boundary within the future planting strip and shall be spaced no less than 60 feet
from one another.
D.Parking.All on site parking required by the underlying zone classification shall be located outside the future
acquisition area.If no reasonable site design solution complying with parking location requirements is feasible,
exceptions to these requirements may be administratively ranted if:
1.An existing parcel or lot equals or is up to five percent larger than the minimum lot area of the underlying
zone;
2.An existing-parcel or lot has an existing building proposed for expansion;or
3.The applicant adequately demonstrates a site design or use limitation for the existing property.
Such exceptions may be granted;provided,that:
a.The property is not part of a zone reclassification and/or subdivision application; and
b.The property has no reasonable alternative site design solution feasible; and
c.A title notice is recorded pursuant to this section that further identifies likely impacts to the site when
the street is widened in the future; and
d.The fewest number of parking stalls is located in the future acquisition area as possible and,in any case,
shall contain no more than one quarter of the required parking stalls for the site.
The Spokane Valley Municipal Code is current through Ordinance No. 17-014,passed November 14,2017.
Spokane Valley Municipal Code Page 4/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
E.Drainage Improvements.All required drainage facilities and structures for the site shall be located outside the
future acquisition area.A portion of the drainage facility improvement may be temporarily allowed within the future
acquisition area if a conditional use permit is issued pursuant to the provisions of SVMC 22.130.090.The permit
shall provide for the relocation of the drainage facility to an alternative site by the property owner when the street is
widened.The permit shall identify the alternate location and the means of relocating the facility.
features)and improvements(such as site drainage,208 drainage swales,landscaping, and parking) shall not be
located within the future acquisition area unless a conditional use permit has been issued pursuant to SVMC
22.130.090.If permitted,they shall be considered"interim"and shall be relocated or removed if the right of way is
widened in the future, subject to the conditions of the conditional use permit.
All developers, agencies and purveyors installing utilities in, adjacent to or across rights of way shall show the
future acquisition area and boundary(ies)on construction plans or drawings.Impacts from the future street widening
and other relocation cost shall be considered when desiring and siting utilities and improvements. (Ord. 09 033 §
3,2009;Ord. 08 006 § 1,2008.Formerly 22.130.035).
22.130.090 Conditional use permit.
A.The City may temporarily allow, as an interim conditional use, site features or improvements located within or
adjacent to the future acquisition area that are in conflict with the provisions of this chapter;provided,that a
hardship can be demonstrated and the use can be reasonably conditioned and restricted to ultimately accomplish the
intent of this chapter.Examples of site features or improvements include driveways, drainage facilities and
structures,parking stalls,utilities and signs.
BA.Permit Required.Conditional use permits shall be issued administratively at or before the time development
approvals and permits are granted.Conditional use permits shall,at a minimum,specify the temporary or interim
use allowed,the conditions of the permit,the provisions for and timing of removal,relocation or installation and the
responsibility for the cost of relocation,removal or installation.
GB.Appeals.Any appeal of the administrative decision shall be heard pursuant to Chapter 17.90 SVMC,Appeals.
All conditional use permits shall be referenced by a title notice pursuant to SVMC 22.130.080.(Ord.09-033 §3,
2009;Ord.08-006 § 1,2008.Formerly 22.130.037).
22.130.100 Right-of-way permit and use requirements.
A.Right-of-Way Permit Applicability.Unless exempt from permit requirements,a right-of-way permit is required
of any person or company who performs construction work or otherwise engages in activity within existing City
rights-of-way,or on City-owned infrastructure.A right-of-way permit authorizes a permittee to perform work or
conduct activity in a right-of-way or easement.
Permits shall not be required for the following:
1.Work done by or for the City within its rights-of-way.
2.Work that is two hours or less in duration,as long as that work does not require the closure of more than 50
percent of a non-arterial street,does not close any lanes on an arterial street,does not involve excavation within
the rights-of-way,or does not involve cutting or placement of pavement,sidewalks,curbs or gutters.
Exemption from the permit requirements of the SVMC shall not be deemed to grant authorization for any work to be
done in any manner in violation of the provisions of the SVMC or any other laws,ordinances or standards of this
jurisdiction.
B.Expiration.Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the
date of issuance,with a one-time 30-day extension available.Right-of-way permits issued between October 1st and
March 31st shall be valid until the following April 30th.
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Spokane Valley Municipal Code Page 5/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
C. Emergency Repairs.In the case of an emergency repair,a private or public utility may commence work prior to
obtaining a permit,provided the person responsible for the work obtains a construction permit within 48 hours after
work is commenced or on the first City business day following said elapsed 48-hour period.
D.Right-of-Way Permit—Application.No right-of-way permit shall be issued unless a written application is
submitted and approved by the City.The application shall,at a minimum,contain the following:
1.Construction plans or drawings approved by the City,if required;
2.A traffic control plan,if the work closes more than 50 percent of the non-arterial street,or closes any lanes
on an arterial street;
3.The period of time during which the right-of-way will be obstructed;and
4.Proof of the contractor's and all subcontractors' state licensing,insurance and requirements.
Depending upon the nature and extent of the construction activity or work,the City may require engineering,
restoration and drainage plans prepared by a Washington-licensed engineer at the applicant's sole cost and expense.
At the discretion of the City,a multiple-use permit may be available for licensed and bonded businesses and public
utilities.The multiple-use permit fee will be established by resolution in the master fee schedule.The multiple-use
permit shall expire at the end of the City fiscal year.The administrative regulations governing the multiple-use
permit shall be written and approved by the City.Failure to comply with the administrative regulations shall be a
violation of this code.
E.Right-of-Way Permit Fees.Permit fees shall be assessed in accordance with the currently adopted Spokane
Valley master fee schedule.
F.Notice Required.The applicant shall give te-the City notice not less than 48 hours before any work or activity is
commenced and shall notify the City upon completion of the same.If a traffic control plan is required to be
submitted with the application,the applicant shall give the City not less than 72 hours' notice.In the event of an
unexpected repair or emergency,work may be commenced as required under the circumstances.Unexpected repairs
and emergency work shall comply with all other requirements of this section.
G.Construction Standards.All work within the City rights-of-way shall be in accordance with adopted City
standards in effect at the time of the application for the permit.These include but are not limited to current versions
of the Spokane Valley street standards;the Spokane Regional Stormwater Manual;the Manual on Uniform Traffic
Control Devices(MUTCD);Washington State Department of Transportation(WSDOT)Standard Specifications for
Road,Bridge and Municipal Construction;and applicable standards of the American Public Works Association
(APWA).
H.Maintaining Access.In the event it is necessary for the permittee to excavate the entire width of the street,no
more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the
work shall be backfilled and completed before the remaining portion of the street may be excavated.If it is
impossible,infeasible or unsafe to permit the work while maintaining an open lane for traffic,the City may,with the
concurrence of the chief of police and fire chief,permit the street to be blocked for a short period of time where
suitable detours can be provided and the public will not be unnecessarily inconvenienced.The permittee shall
furnish facilities,such as bridges or other suitable means,or clearly identify appropriate detours,to allow the flow of
traffic without unnecessary congestion.
I.Traffic Control.Any person or company that performs construction work or otherwise engages in activity within
the existing City rights-of-way,or on City-owned infrastructure,is responsible for all traffic control and assumes the
responsibility to maintain appropriate signage,signals and barricades that protect the public safety,in accordance
with the MUTCD.The person or company shall provide for the safe operation of all equipment,vehicles and
persons within the right-of-way.
J.Damage to Existing Infrastructure.All damage to existing public or private infrastructure and/or property during
the progress of the construction work or activity shall be repaired by the permittee.Methods and materials for such
The Spokane Valley Municipal Code is current through Ordinance No. 17-014,passed November 14,2017.
Spokane Valley Municipal Code Page 6/6
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
repair shall conform to adopted City standards.If the permittee fails to furnish the necessary labor and materials for
such repairs,the City shall have the authority to cause said necessary labor and materials to be furnished by the City
and the cost shall be charged against the permittee. Such charge shall be immediately paid by the permittee and
shall,if not paid on demand,be deemed a valid claim on the bond filed with the City.
K.City's Right to Restore Right-of-Way and Easements. If the permittee fails to restore any City right-of-way or
easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise
fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is
defective and the defect is discovered within one year from the completion of the right-of-way construction work,
the City or designee shall have the right to do all work and things necessary to restore the right-of-way and/or
easement and to complete the right-of-way construction work.
The permittee shall be liable for all costs and expenses of restoration or completion.The City shall have a cause of
action for all fees,expenses and amounts paid for such work.Following demand,the City may enforce its rights
pursuant to this section.No additional permits shall be granted until the invoice for City-performed work has been
paid.
L.Insurance—Evidence.The permittee,prior to the commencement of construction hereunder,shall furnish the City
satisfactory evidence in writing that the permittee has in force,during the performance of the construction work or
activity,commercial general liability insurance of not less than$1,000,000 per occurrence and$2,000,000 general
aggregate duly issued by an insurance company authorized to do business in this state.In addition,the policy shall
name the City as an additional named insured.The City may reduce the insurance limits if good cause exists.
M.Indemnification and Hold Harmless.The permittee shall defend,indemnify and hold harmless the City,its
officers,officials,employees and volunteers from any and all claims,injuries,damages,losses or suits,including
attorney fees,arising out of the permit issued under this section except as may be caused by the negligence or willful
conduct on the part of the City.
N.Rules and Policy.To implement the right-of-way permit and provide for the public health and safety,the City,
under the supervision of the city manager,may develop and adopt rules,policies and forms consistent with this
section.All adopted rules,policies and forms shall be filed with the city clerk.
O.Violations—Penalties.Any person violating the provisions of this section shall be subject to all enforcement
actions and penalties pursuant toas found in Chapter 17.100 SVMC.(Ord.09-033 §3,2009;Ord.07-015 §4,2007.
Formerly 22.130.060).
22.130.110 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this
chapter shall rest with the permit applicant and their agents. This chapter and its provisions are adopted with the
express intent to protect the health,safety,and welfare of the general public and are not intended to protect any
particular class of individuals or organizations.(Ord.09-033 §3,2009;Ord.07-015 §4,2007.Formerly
22.130.090).
The Spokane Valley Municipal Code is current through Ordinance No. 17-014,passed November 14,2017.
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 25, 2018
Item: Check all that apply ❑ old business ® new business ® public hearing
❑ information ❑ study session ❑ pending legislation
FILE NUMBER: CTA-2017-0005
AGENDA ITEM TITLE: Public Hearing—Wireless Telecommunications Amendments to the Spokane
Valley Municipal Code(SVMC)
DESCRIPTION OF PROPOSAL: A city-initiated text amendment to Title 22 SVMC, SVMC
19.60.050, SVMC 17.80.030 and Appendix A to update wireless facility regulations to address siting of
small cell wireless facilities within the public rights-of-way(ROW).
GOVERNING LEGISLATION: Various Federal laws; chapter 35.99 RCW; RCW 35.21.860;
SVMC 17.80.150 and 19.30.040; and RCW 36.70A.106
BACKGROUND: Wireless telecommunication facilities are subject to a number of increasing federal
and state laws. Further, wireless telecommunications are ever evolving, with new technologies and new
business models continuing to be implemented. Currently, the wireless telecommunication providers are
in the midst of rolling out"small cell"technology in the ROW,to meet growing bandwidth and data needs
of their customers. The City has been working with the providers, a consortium, and internally to develop
appropriate draft franchises and draft regulations to allow implementation of the small cell technology
within the ROW. This proposal is a City-initiated Code text amendment to provide regulations for small
cell deployments, to address new federal and state wireless telecommunication facilities permit review
periods, and to update existing regulations.
The accompanying staff report details the history, legal framework, existing conditions, proposed
regulations, and staff recommendation for this proposal.
On January 11, 2018, Planning Commission conducted a study session. Planning Commission had
numerous questions regarding the proposed regulations. Staff has incorporated proposed changes
(highlighted in yellow) to the draft regulations based upon some of those questions. Staff will address
each of the questions at the public hearing.
RECOMMENDED ACTION OR MOTION: Recommend approval of the proposed amendments
related to small cell regulations, with or without changes.
STAFF CONTACT: Erik Lamb, Deputy City Attorney
ATTACHMENTS:
1. Staff report for CTA 2017-0005
2. Draft Appendix A, SVMC 17.80.030, SVMC 19.60.050, SVMC 22.120, SVMC
22.121, and SVMC 22.122
3. Presentation
RPCA Public Hearing for CTA-2017-0005 Page 1 of 1
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DRAFT
APPENDIX A— DEFINITIONS
Radio/TV broadcasting studio: Facilities serving the broadcast media. See
"Communication facilities, use category."
Repeater facility: A facility for the noncommercial reception and retransmission of radio
signals. See "Communication facilities, use category."
RF Engineer: A person who, in the opinion of the City Manager, has appropriate
education, training and experience in wireless communication services, radio
frequencies, and FCC and other applicable governmental regulations to provide the
necessary certification(s) required pursuant to chapter 22.121 SVMC.
Telecommunications: The transmission, between or among points specified by the
user, of audio and/or visual information and data of the user's choosing, without change
in the form or content of the information as sent and received.
• Alternative mounting structure: A water tower, manmade tree, clock tower, church
steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar
structure designed to support and camouflage or conceal the presence of
telecommunications antennas.
• Antenna: Any exterior apparatus designed for telephonic, radio, data, Internet or other
communications through the sending and/or receiving of radio frequency signals
including, but not limited to, equipment attached to a tower, pole, light standard, utility
pole, building or other structure for the purpose of providing wireless services. Types of
antennas include:
- An "omni-directional antenna" receives and transmits radio frequency signals in
a 360-degree radial pattern;
- A "whip antenna" is an omni-directional antenna that is up to 15 feet in height
and no more than six inches in diameter; and
- A "directional or panel antenna" receives and transmits radio frequency signals
in a specific directional pattern of less than 360 degrees.A structure or device
used to collect or radiate radio, television, or microwave electromagnetic waves,
including directional antennas, such as panels, wirclese cable and satellite
rth stattien., or noncommercial antennas installations for home use of radio or
television.
• Antenna Height: The vertical distance measured from average building elevation to
the highest point of the antenna, or if on a rooftop or other structure, from the top of the
roof or structure to the highest point of the antenna. For replacement structures,
antenna height is measured from the top of the existing structure to the highest point of
the antenna or new structure, whichever is greater.
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• Approved small cell facility: Any small cell facility that has received all required
permits.
• Array: An arrangement of antennas and their supporting structure.
• Base Station: A structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein nor any equipment
associated with a tower. Base Station includes, without limitation:
- Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
- Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems ("DAS") and small-cell
networks).
- Any structure other than a tower that, at the time the relevant application is filed
with the City, supports or houses equipment described above that has been
reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process, even if the structure was not
built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed
with the City, does not support or house equipment described above.
• Collocation: The mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes. _ - - -__ • • _ __ _ _ . - _ _ _ -
uscd by morc than one tciccommunications scrvicc providcr.
• Concealment technology: Transmission facilities designed to look like some feature
other than a wireless tower or base station or which minimizes the visual impact of an
antenna by use of nonreflective materials, appropriate colors and/or a concealment
canister.
• Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a
specific directional pattern.
• EIA-222: Electronics Industries Association Standard 222, "Structural Standards for
Steel Antenna Towers and Antennas Support Structures."
• Electric transmission: A self-supporting structure in excess of 50 feet in height
designed to support high voltage electric lines. This does not include local utility or
distribution poles (with or without transformers) designed to provide electric service to
individual customers.
• Eligible Facilities Request: Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or
base station, involving:
- Collocation of new transmission equipment;
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CTA 2017-0005 Draft 1/17/18
- Removal of transmission equipment; or
- Replacement of transmission equipment.
• Eligible support structure: Any tower or base station as defined in this section,
provided that it is at the time the relevant application is filed with the City, houses or
supports an antenna, micro cell or small cell deployment.
• Equipment structure: A facility, shelter, cabinet or vault used to house and protect
electronic or other associated equipment necessary for processing wireless
communications signals. "Associated equipment" may include, for example, air
conditioning, backup power supplies and emergency generators.
• Existing: A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another state or local
regulatory review process, provided that a tower that has not been reviewed and
reviewed because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of chapter 22.122 SVMC.
• Guyed, tower: Any telecommunications tower supported in whole or in part by cables
anchored to the ground.
• Height: The distance measured from grade to the highest point of any and all
components of the structure, including antennas, hazard lighting, and other
appurtenances, if any.
• Microcells: Has the same meaning as set forth in RCW 80.36.375, as now adopted
or hereafter amended.
• Monopole: A self-supporting telecommunications tower, which consists of a single
vertical pole, fixed into the ground and/or attached to a foundation.
• Other support structure: A structure used to support small cell facilities or
equipment structures, excluding buildings, utility poles, and water reservoirs. Examples
of "other support structures" include flagpoles and ball field light standards.
• Panel: An antenna which receives and/or transmits signals in a directional pattern.
• Prior approval: Certification of approval(s) from the City authorizing the initial
installation of a specific wireless carrier's small cell facilities on a base station or tower.
Prior approval may also include the subsequent approval(s) from the City authorizing
modifications to the initial installation that have resulted in the existing state of the small
cell facility including, but not limited to, the number and location of equipment structures,
antennas, antenna support structures, and ancillary equipment.
• Self-supporting lattice tower: A telecommunications tower that consists of an open
network of metal braces, usually triangular or square in cross-section.
• Service: The offering of telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the public, regardless of the
facilities used.
• Service provider: Has the same meaning as set forth in RCW 35.99.010(6) as now
adopted or hereafter amended. Service provider shall include those infrastructure
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CTA 2017-0005 Draft 1/17/18
companies that provide telecommunications services or equipment to enable the
deployment of personal wireless services.
• Small cell and small cell deployment: Have the same meaning as set forth in RCW
80.36.375, as now adopted or hereafter amended.
• Stealth: A telecommunications antenna that is effectively camouflaged or concealed
from view.
• Substantial change: A modification substantially changes the physical dimensions of
an eligible support structure if it meets any of the following criteria:
- For towers other than towers in the public rights-of-way, it increases the height
of the tower by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
- For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
- For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
- It entails any excavation or deployment outside the current site;
- It would defeat the concealment elements of the eligible support structure; or
- It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
• Telecommunications antenna: An antenna used to provide a telecommunications
service. This excludes lightning rods, private mobile radio systems, amateur radio
antennas less than 35 feet in height in residential districts and 50 feet in height in
nonresidential districts, and whip antennas less than four inches (10 cm) in diameter
and less than 10 feet in height.
• Telecommunications service: Has the same meaning as set forth in RCW
35.99.010(7), as now adopted or hereafter amended.
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CTA 2017-0005 Draft 1/17/18
• Tower: Any structure built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures that
are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixes wireless services such as microwave backhaul and the associates site. A
"tower" shall not include a replacement utility pole as authorized by a lease with the
City, a franchise or a Small Cell Permit.A self-supporting or guyed structure more than
20 feet in height, built primarily to support one or more telecommunications antennas.
Docs not include ham operator or wind turbine support towers.
• Transmission equipment: Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associates with wireless communications
services including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
• Utility pole: A structure designed and used primarily for the support of electrical
wires, telephone wires, television cable, traffic signals, or lighting for streets, parking
areas, or pedestrian paths.
• Whip antenna: An omni directional dipole antenna of cylindrical shape which is no
more than six inches in diameter.
• Wireless: Having no wire or wires, operating by means of transmitted electromagnetic
waves.
Tower, ham operator: A structure less than 75 feet in height above grade used for two-
way communication for hobby or emergency service purposes by private individuals.
See "Communication facilities, use category."
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DRAFT
SVMC 19.60.050
Use/Category
R1 R2 R3 R4 MF1 MF2 MUC CMU GO 0 NC C RC P/OS 11 12
Type
Communication
Facilities
Radio/TV
P P P P P P
broadcasting studio
Repeater facility PP P P P P PPPP P P
Chapter
Small cell
S S S S S S S S SSSS 33322.121
deployment
SVMC
Telecommunication Chapter
wireless antenna SSSS S S S S CCSSS S S 22.120
array SVMC
Telecommunication Chapter
wireless support CCCC C C S S CCSSS S S 22.120
tower SVMC
Tower, ham SVMC
SSSSS S S S CCSSS S S
operator 19.40.110(A)
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DRAFT
Chapter 22.120 SVMC
22.120.010 Purpose and intent.
These standards were developed to protect the public health, safety, and welfare, and
minimize visual impacts on residential areas, while furthering the development of
wireless communication services. These standards were designed to comply with the
Telecommunication Act of 1996. The provisions of this scctionchapter 22.120 are not
intended to and shall not be interpreted to prohibit or to have the effect of prohibiting
wireless communication services. Chapter 22.120 shall cover all wireless
communication services other than small cell services, which are regulated pursuant to
chapter 22.121 SVMC.
22.120.020 Permits and exemptions.
Where a transmission tower or antenna support structure is located in a zoning district
which allows such use as a permitted use activity, administrative review, and a building
permit, shall be required, subject to the project's consistency with the development
standards set forth in SVMC 22.120.040. In instances where the use is not allowed as a
permitted use activity, a conditional use permit and building permit shall be required in
addition to a demonstration of consistency with all required development standards.
Exemption: Wireless radio utilized for temporary emergency communications in the
event of a disaster is exempt from the provisions of this section and shall be permitted
in all zones.
22.120.030 Required application submittals.
All applications for wireless antenna arrays and wireless communication support towers
shall include the following:
A. A letter signed by the applicant stating that all applicable requirements of the FCC,
the FAA, and any required avigation easements have been satisfied.
B. A scaled site plan clearly indicating the location, type and height of the proposed
tower, antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, elevation drawings
of the proposed tower, the equipment structure, fencing, buffering and the type of
stealth technology which will be utilized. The full, detailed site plan shall not be required
if the antenna is to be mounted on an existing structure.
C. The applicant shall have performed and provided a photographic simulation of the
proposed facility from all affected properties and public rights-of-way.
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D. The applicant shall provide copies of any environmental documents required by the
State Environmental Policy Act (SEPA).
E. The applicant shall have demonstrated effort to co-locate on an existing support
tower or other structure. New support towers shall not be permitted within one mile of an
existing support tower unless it is demonstrated that no existing support tower or other
structure can accommodate the proposed antenna array. The City reserves the right to
retain a qualified consultant, at the applicant's expense, to review the supporting
documentation for accuracy.
F. Evidence to demonstrate that no existing support tower or other structure can
accommodate the proposed antenna array may consist of the following:
1. No existing support towers or other structures are located within the
geographic areas required to meet the applicant's engineering
requirements.
2. Existing support towers or other structures are not of sufficient height to
meet the applicant's engineering requirements.
3. Existing support towers or other structures do not have sufficient
structural strength to support the applicant's proposed antenna array and
related equipment.
4. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing support towers or other
structures, or the antenna on the existing support towers or other structures
would cause interference with the applicant's proposed antenna.
G. The applicant of a new tower shall provide a signed statement stating the applicant
has provided notice to all other area wireless service providers of its application to
encourage the co-location of additional antennas on the structure.
H. A signed statement from the owner and/or landlord to remove the facility or obtain
another permit for the facility within six months of when the facility is no longer operating
as part of a wireless communication system authorized and licensed by the FCC.
I. Proof that all the necessary property or easements have been secured to assure for
the proper construction, continued maintenance, and general safety of the properties
adjoining the wireless communication facility.
22.120.040 Design standards.
The support tower, antenna array, and supporting electrical and mechanical equipment
shall be installed using stealth technology. Stealth technology applies to all personal
wireless service facilities, including, without limitation, antennas, towers and equipment
structures. For any facility, stealth technology means the use of both existing and future
technology through which a personal wireless service facility is designed to resemble an
object which is already present in the local environment, such as a tree, streetlight, or
traffic signal. It also includes:
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A. For personal wireless service support towers:
1. If within existing trees, "stealth technology" means:
a. The tower is to be painted a dark color;
b. Is made of wood or metal; and
c. A greenbelt easement is required to ensure permanent retention of
the surrounding trees.
2. Stealth technology for towers in a more open setting means that they
must have a backdrop (for example, but not limited to, trees, a hillside, or a
structure) on at least two sides, be a compatible color with the backdrop, be
made of compatible materials with the backdrop, and that architectural or
landscape screening be provided for the other two sides. If existing trees
are the backdrop, then a greenbelt easement is required to ensure
permanent retention of the surrounding trees.
3. Antennas shall be integrated into the design of any personal wireless
service tower to which they are attached. External projections from the
tower shall be limited to the greatest extent technically feasible.
4. For rooftop antennas or antennas mounted on other structures:
a. For omni-directional antennas 15 feet or less above the roof, stealth
technology means use of a color compatible with the roof, structure or
background;
b. For other antennas, stealth technology means use of compatible
colors and architectural screening or other techniques approved by the
City.
B. For antennas mounted on one or more building facades, stealth technology means
use of color and materials such that the facility has architectural compatibility with the
building. It shall be mounted on a wall of an existing building in a configuration as flush
to the wall as technically possible and shall not project above the wall on which it is
mounted.
C. For equipment structures, stealth technology means locating within a building, or if
on top of a building, with architecturally compatible screening. An underground location,
or above ground with a solid fence and landscaping, is also considered stealth
technology.
D. Advertising or display shall not be located on any support tower or antenna array;
however, the owner of the antenna array shall place an identification plate indicating the
name of the wireless service provider and a telephone number for emergency contact
on the site.
E. No artificial lights other than those required by FAA or other applicable authority shall
be permitted. All security lights shall be down-shielded, and installed to be consistent
with Chapter 22.60 SVMC.
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F. The facility shall be enclosed by a site-obscuring secured fence not less than six feet
in height with a locking gate. No barbed wire or razor wire shall be permitted.
G. The support tower foundations, equipment shelters, cabinets or other on-the-ground
ancillary equipment shall be buried below ground or screened with a site-obscuring
secured fence not less than six feet high. The requirement for a site-obscuring fence
may be waived provided the applicant has secured all on-the-ground ancillary
equipment in a locked cabinet designed to be compatible with and blend into the setting,
and the means of access for the support tower is located a minimum of 12 feet above
the ground.
H. All support structure(s) for wireless communication antennas shall have their means
of access located a minimum of eight feet above the ground unless the requirement for
a fence has been waived.
I. The support tower shall meet the minimum primary structure setback requirements for
the underlying zone.
J. Support towers shall not be permitted inside a public park, public monument or
private holding located within a public park or public monument.
K. The height of the support tower or antenna array above grade shall not exceed the
maximum height identified in Table 22.120-1 below. The height of a support tower shall
include antenna, base pad, and other appurtenances and shall be measured from the
finished grade of the parcel.
Table 22.120-1 — Tower Height Limitations
Zone Antenna Array Support Tower
R-1 , Single-Family
Residential Estate
R-2, Single-Family
Residential Suburban
R-3, Single-Family
Residential 20 feet above the zoning
R /1, Singlc Family height limitation or 16 feet 60 feet
Rcsidcntial Urban above existing structure
MFR- , Multifamily
Residentialedium Density
Rcsidcntial
MF 2, High Density
Rcsidcntial
Mixed Use Center (MUG)
60 feet
Corridor Mixed Use (CMU)
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Table 22.120-1 — Tower Height Limitations
Zone Antenna Array Support Tower
City Center (CC)
Garden Office (GO) 20 feet above the zoning
Office (0) height limitation or 16 feet
Neighborhood Commercial above existing structure
(NC)
Community Commcrcial (C)
Regional Commercial (RC) 20 feet above the zoning 20 feet higher than the
height limitation or 20 feet maximum height allowed in the
Industrial Mixed Use g zone or 80 feet whichever is
(IMU-4-) above existing structure less*
Hcavy Industrial (1-2)
*An additional 20 feet in height for each additional antenna array co-located on the
support tower, up to a maximum tower height of 100 feet, including the height of all
antennas.
22.120.050 Landscaping.
Refer to Chapter 22.70 SVMC for landscaping requirements applicable to the underlying
zoning district.
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DRAFT
Chapter 22.121 SVMC — Small Cell Deployment
22.121.010 Overview.
In order to manage its right-of-way in a thoughtful manner which balances the need to
accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City while complying with the requirements of state and
federal law, the City adopts chapter 22.121 SVMC for the deployment of small cell and
microcell technology. Service providers who seek to utilize the public right-of-way for
small cell deployment in order to provide wireless communication, data transmission or
other related services to the citizens of the City shall receive a valid franchise to provide
the specific service seeking to utilize the small cell deployment. Entities with franchises
who wish to utilize a small cell deployment to upgrade or expand their existing services
shall utilize the processes set forth in chapter 22.121 SVMC and implementing small cell
permits to deploy their technology and obtain design approval of specific installations.
A. Nothing in chapter 22.121 SVMC revises or diminishes the rights and obligations of
an existing franchise.
B. The term "small cell deployment" shall include the deployment of small cell facilities,
micro cells and small cell networks as those terms are defined by RCW 80.36.375 as now
adopted or hereafter amended. Small cell deployment elements which require SEPA
review may utilize these processes only in conjunction with SEPA review.
22.121.015 Administration.
The City Manager is charged with administration of small cell deployment permitting and
other wireless communication review processes established under chapters 22.120,
22.121, and 22.122 SVMC.
22.121.020 Small Cell Deployments.
A. Small Cell Deployments in Rights-of-Way. Small cell deployments in the public rights-
of-way shall only be made pursuant (1) to a valid franchise with the City, and (2) in
compliance with all federal, state, and local small cell permitting requirements.
B. Small Cell Deployments outside of Rights-of-Way. Small cell deployments outside of
the public rights-of-way shall only be made in compliance all federal, state, and local small
cell permitting requirements.
22.121.030 Franchise Application.
A. Franchise Application. Service providers that desire to deploy small cell deployments
12
CTA 2017-0005 Draft 1/17/18
in public rights-of-way shall apply for a franchise using the City's franchise application
form and submit a fee deposit commensurate with the estimated administrative costs of
processing on application for a franchise. Service providers seeking to utilize City rights-
of-way for small cell deployments shall specify geographic boundaries for the small cell
deployment described in the application and provide detailed schematics and visual
renderings of the proposed facilities to be utilized. Phased development is permitted and
an applicant is encouraged to specify at least the initial small cell deployment in its
application.
B. Designation of Facilities. All applicants for franchises seeking to utilize small cell
deployment shall provide the following information. Existing franchisees that seek to
utilize a small cell deployment to expand, assist or implement an existing franchise may
provide the information as a part of a small cell permit application for small cell
deployment.
The applicant shall specify in the franchise application:
1. whether and where small cell facilities are proposed to be located on existing
utility poles;
2. whether and where small cell facilities are proposed to be located on
replacement utility poles, new poles, towers, and/or other structures and the type of
replacement poles to be installed;
3. the conduit and/or ground-mounted equipment necessary for and intended for
use in the small cell deployment, regardless of whether the additional facilities are to be
constructed by the applicant or leased from an infrastructure provider;
4. any facility which is eligible for or subject to the applicable federal review time
periods under an eligible facilities request or as a collocation.
C. SEPA Review. Any application for a franchise which contains an element which is not
exempt from SEPA review shall simultaneously submit an environmental checklist
pursuant to chapter 43.21 C RCW and chapter 21.20 SVMC.
D. Completeness. The City Manager shall review a small cell franchise application for
completeness and notify the applicant within 30 days of submission whether the
application is complete, provided, however, that an applicant may consent to a different
completeness review period. A service provider may resubmit an application determined
to be incomplete within 30 days of notice by the City Manager. Failure to resubmit an
application within the 30 day period shall be deemed a withdrawal of that application. No
application shall be deemed complete without the fee deposit set by the City Manaqer.
22.121.040 Small Cell Permit Application.
A. Concurrent small cell permit application and franchise application. Rights granted
under the franchise for construction, installation, and placement of small cell facilities shall
be implemented through the issuance of small cell permits. The franchise application
may be accompanied by one or more concurrent applications for a small cell permit to
deploy small cells.
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CTA 2017-0005 Draft 1/17/18
B. Small cell permit application. A small cell permit application shall contain the following:
1. All small cell facility sites shall be specified. Up to 30 sites may be specified in
one small cell permit application for processing. The application shall include sufficient
information about each site and facility in order for the City to determine that it complies
the design and location standards set forth in SVMC 22.121.060.
2. If the application includes small cell deployment in the public rights-of-way, a
copy of the franchise application or reference to approved existing franchise shall be
included. Approval for a small cell permit to install a small cell deployment shall be
contingent upon approval of a small cell franchise or the possession of a valid small cell
franchise.
3. If more than one application for a small cell permit is submitted by an applicant,
they shall be considered in the order received. If multiple applications are submitted on
the same date, the applicant shall indicate which application shall be considered first.
4. Any element of a deployment which qualifies as either an eligible facilities
request or a collocation shall be specifically designated by the applicant and may be
addressed separately by the City Manager in order to comply with the applicable
processing requirements established by federal law, state law, and chapter 22.122
SVMC.
5. Any application for a small cell permit which contains an element which is not
exempt from SEPA review shall simultaneously submit an environmental checklist
pursuant to chapter 43.21 C RCW and chapter 21.20 SVMC.
6. The applicant shall submit a sworn declaration under penalty of perjury signed
by an RF Engineer with knowledge of the proposed project affirming that the small cell
deployment will be compliant with all FCC and any other applicable regulations in
connection with human exposure to radio frequency emissions for every frequency at
which the small cell facility and associated wireless backhaul will operate. An existing
franchisee applying for a small cell permit for small cell deployment shall provide an RF
certification for all facilities included in the deployment.
7. The applicant shall provide proof of FCC and other regulatory approvals
required to provide the service(s) or utilize the technologies souqht to be installed.
8. As applicable, the applicant shall provide written proof from any utility provider
authorizing the applicant to use the utility provider's utility poles for a small cell
deployment.
C. Completeness; Small Cell Applications. The City Manager shall review an application
for completeness and notify the applicant within 30 days of submission whether the
application is complete, provided, however, that an applicant may consent to a different
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CTA 2017-0005 Draft 1/17/18
completeness review period. A service provider may resubmit an application determined
to be incomplete within 30 days of notice by the City Manager or designee. Failure to
resubmit an application in a timely manner shall be deemed a withdrawal of that
application. No application shall be deemed complete without the fee deposit set by the
City Manager.
D. The City Manager may approve, deny or conditionally approve all or any portion of
the sites proposed in the small cell permit application.
22.121.050 Small Cell Franchise and Permit Review Process.
The following provisions relate to review of applications for a franchise or small cell permit
for small cell deployments.
A. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 U.S.C. 253 and 47 U.S.C. 332 and applicable case law.
Applicants for franchises and the small cell permits which implement the franchise shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement or
cumulative impacts. Franchise and small cell permit application review under chapter
22.121 SVMC shall neither prohibit nor have the effect of prohibiting the ability of an
applicant to provide telecommunications services.
B. Design Review and Concealment. Small cell facilities shall conform to design,
location, and concealment standards and be subject to design review as set forth in
SVMC 22.121.050.
C. Franchise approval. Franchises shall be approved in the form of a City ordinance,
and franchises may only be approved by the City Council pursuant to its standard
ordinance approval process; provided however, that the City shall meet any applicable
federal or state time processing requirements in reviewing and approving or denying a
franchise application.
D. Other conditions of approval. Approval of a franchise, small cell permit and/or other
approval referenced in chapter 22.121 SVMC are conditioned on the following
requirements:
1. Satisfy all applicable bulk requirements including but not limited to height, noise,
light, and any other applicable zoning requirements.
2. Provide written proof of the approval of the owner of any utility pole for the
installation of its facilities on such utility pole. Approval of a franchise does not authorize
attachment to City-owned utility poles or other structures.
3. Unless specifically provided for in a franchise, obtain a lease from the City to
15
CTA 2017-0005 Draft 1/17/18
utilize the City's ground space for the installation of any new pole, a replacement utility
pole over 60 feet or to locate any new ground based structure, base station or other
attendant equipment on City right-of-way or City property;
4. Comply with applicable City approval processes for the co-location of facilities,
or the installation of any new or replacement utility poles in the right-of-way; and
5. Comply with all City construction standards and state and federal codes when
operating in the right-of-way and obtain a required permit to enter the right-of-way.
22.121.060 Design and Concealment Standards.
Small cell facilities shall be installed using stealth or concealment technology. Stealth or
concealment technology applies to all small cell facilities, including, without limitation,
antennas, towers and primary equipment enclosures. For any small cell facility, stealth or
concealment technology means the use of both existing and future technology through
which the small cell facility is designed to resemble or blend into an object which is already
present in the local environment, such as a tree, streetlight, or traffic signal. It also
includes:
A. For those portions of small cell facilities attached to or part of light, power, sign, or
other poles:
1. For new poles, integrated within the pole unless technically infeasible. New
poles shall be subject to any applicable City or industry standards;
2. For existing poles, integrated into the existing design of the pole to which it is
attached, with external projections limited in size and scope to the greatest extent
technically feasible, including but not limited to being as flush as possible to the pole, not
projecting more than fifteen feet vertically above the pole, and having architectural
compatibility with the pole;
3. External projections shall be painted a color to resemble and match the pole so
that they appear to be part of the pole;
4. Shall conform to any structural standards so as not to degrade the structural
engineering of the pole to which it is attached;
5. Shall not interfere with the normal use for which the pole is intended, including
but not limited to blocking any light from light poles, interfering with power lines on power
poles, and obscuring any portion of the applicable sign-face on signs; and
6. Antennae for small cell facilities shall be located inside of an antenna enclosure
no more than three cubic feet in volume, or in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than three cubic feet. Antennae shall be located at least 20 feet
above the base elevation of the ground unless technically infeasible.
B. Primary equipment enclosures shall be no larger than seventeen cubic feet in volume.
The following associated equipment may be located outside the primary equipment
enclosure and if so located, are not included in the calculation of equipment volume:
electric meter, concealment, telecomm demarcation box, ground-based enclosures,
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CTA 2017-0005 Draft 1/17/18
battery back-up power systems, grounding equipment, power transfer switch, and cut-off
switch. Primary equipment enclosures shall be buried below ground or locked and
integrated into the surroundings unless technically infeasible to the maximum extent
feasible. This shall include incorporating the facilities into the base of the pole, integrating
into existing surrounding fixtures, such as garbage containers or other power boxes,
and/or use of materials and colors that blend into the surrounding setting. Ground-
mounted facilities shall not be located in an improved street or sidewalk. Ground-
mounted facilities shall not located in a stormwater facility, including stormwater swales.
C. For small cell facilities mounted on one or more building facades, stealth or
concealment technology means use of color and materials such that the facility has
architectural compatibility with the building. It shall be mounted on a wall of an existing
building in a configuration as flush to the wall as technically possible and shall not project
more than three feet above the wall on which it is mounted.
D. Advertising or display shall not be located on any small cell facility; however, the owner
of the small cell facility shall place an identification plate indicating the name of the
wireless service provider and a telephone number for emergency contact on the site.
E. No artificial lights other than those required by FAA or other applicable authority shall
be permitted. Any security lights shall be down-shielded.
F. Small cell facilities that are not within the right-of-way shall meet the minimum primary
structure setback requirements for the underlying zone.
G. Small cell facilities shall not be permitted inside a public park, public monument or
private holding located within a public park or public monument.
H. Location. Small cell facilities shall not be located within [250] feet of any other small
cell facility unless the applicant demonstrates that no other location can accommodate or
is sufficient to meet the wireless service needs. In the event a small cell facility is required
to be located within 250 feet of another existing small cell facility, the applicant shall make
a good faith effort to collocate the new facility on the same pole or structure as the existing
small facility in order to minimize impacts from new small cell facilities.
The City may require applicants to provide evidence of efforts for collocation. An applicant
may demonstrate good faith efforts to collocate by providing written evidence from the
other wireless provider(s) that they are unwilling or it is technically infeasible to collocate,
or from pole or structure owners that they will not allow collocation or that it is technically
infeasible to allow collocation.
22.121.070 Small Cell Permit and Minor Deviations.
A. The City Manager shall review applications for small cell permits for small cell
deployments approved by a franchise or small cell permit. The City Manaqer may
authorize minor deviations in the small cell permit from the dimensional design and
concealment technologies referenced in the exhibits to the franchise or design standards
17
CTA 2017-0005 Draft 1/17/18
where such deviation is necessary to allow the applicant to provide coverage and where
such deviation does not materially differ from the City's design and concealment
standards.
B. Deviations in the dimensions or volume of small cell facilities which do not exceed
the cumulative total provided by the definition of a small cell or microcell facility in RCW
80.36.375 shall be considered a minor deviation; provided, however that they do not
defeat the concealment features set by City's generally applicable desiqn and
concealment standards.
C. Small cell permits to install facilities including approval of minor deviations shall be
processed within 60 days of receipt of a complete application and final approval of a
franchise, whichever occurs last.
22.121.080 Significant Deviations.
Any request for significant deviations from the approved small cell facilities design
designated in the franchise, small cell permit or City's design standards shall be require
a conditional use permit and shall be considered under the provisions of chapter 22.120
SVMC and pursuant to the timelines established in SVMC 22.122.030 and SVMC
22.122.040. A siqnificant deviation is not a substantial change. See Appendix A of the
SVMC.
22.121.090 Compliance with State Processing Limitations.
Review of franchise and small cell permits shall comply with the provisions of RCW
35.99.030. Applications shall be reviewed, completeness determined and the timeframe
tolled as provided in chapter 22.122 SVMC.
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CTA 2017-0005 Draft 1/17/18
DRAFT
Chapter 22.122 SVMC — Wireless Communications and Small Cell Facility Review
Periods.
22.122.010 Purpose.
Congress and the Federal Communications Commission have, pursuant to the authority
granted by 47 U.S.C. 253(c) and 47 U.S.C. 332(a), required local governments to act on
wireless communication facility applications within a reasonable period of time and have
established time limits for local review. The Washington State Legislature has also
adopted similar limitations under the provisions of chapter 35.99 RCW. Accordingly, the
City adopts the following time limits for review of applications for eligible facility requests,
small cell permits, and other approvals for service providers of telecommunication
services.
22.122.020 Eligible Facilities Request.
A. Application Review.
1. Application. The City Manager shall prepare and make publicly available
an application form which shall be limited to the information necessary for the City to
consider whether an application is an eligible facilities request. The application may not
require the applicant to demonstrate a need or business case for the proposed
modification.
2. Type of Review. Upon receipt of an application for an eligible facilities
request, the City Manager shall review such application to determine whether the
application qualifies as an eligible facilities request.
3. Timeframe for Review. Within 60 days of the date on which an applicant
submits a complete eligible facilities request application, the City Manager shall approve
the application unless it determines that the application is not covered by this SVMC
22.122.020.
4. Tolling of the Timeframe for Review. The 60-day review period beqins to
run when the complete application is filed, and may be tolled only by mutual agreement
by the City Manager and the applicant or in cases where the City Manager determines
that the application is incomplete. The timeframe for review of an Eligible Facilities
Request is not tolled by a moratorium on the review of applications.
a. To toll the timeframe for incompleteness, the City Manager shall
provide written notice to the applicant within 30 days of receipt of the application,
specifically delineating all missing documents or information required in the application.
19
CTA 2017-0005 Draft 1/17/18
b. The timeframe for review begins running again when the applicant
makes a compliant supplemental submission in response to the City Manager's notice of
incompleteness.
c. Following a supplemental submission, the City Manaqer shall notify
the applicant within 10 days if the supplemental submission did not provide the
information identified in the original notice delineating missing information. The timeframe
is tolled in the case of second or subsequent notices pursuant to the procedures identified
in paragraph 4 of this section. Second or subsequent notice of incompleteness may not
specify missing documents or information that was not delineated in the original notice of
incompleteness.
B. Determination that Application is not an Eligible Facilities Request. If the City Manager
determines that the applicant's request does not qualify as an eligible facilities request,
the time periods established by the applicable state or federal law and chapter 22.122
SVMC begin to run from the issuance of the City Manager's decision that the application
is not an eligible facilities request. To the extent additional information is necessary, the
City Manager may request such information from the applicant to evaluate the application
under other provisions of this chapter 22.122 SVMC and applicable law.
C. Failure to Act. In the event the City Manager fails to approve or deny a request for an
eligible facilities request within the timeframe for review (accounting for any tolling), the
request shall be deemed granted. The deemed grant does not become effective until the
applicant notifies the City Manager in writing after the review period has expired
(accounting for any tolling) that the application has been deemed granted.
D. Remedies. Both the applicant and the City may bring claims related to Section 6409(a)
of the Spectrum Act to any court of competent jurisdiction.
22.122.030 Collocation.
Eligible collocations shall be processed within 90 days of receipt of a complete
application. The City Manager shall notify the applicant within 30 days of receipt of an
application whether it is complete or if additional information is required. The term
collocation shall not apply to the initial placement of a small cell facility on a utility pole or
on any other base station or tower that was not constructed for the sole or primary
purpose of an FCC licensed antenna and their associated facilities.
22.122.040 New Wireless Communication Facilities.
New wireless communications facilities shall be processed within 150 days of receipt of
a complete application. The City Manager shall notify the applicant within 30 days of
receipt of an application whether it is complete or if additional information is required.
20
CTA 2017-0005 Draft 1/17/18
DRAFT
Chapter 17.80
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified
pursuant to Table 17.80-1 below:
Table 17.80-1 — Permit Type and Land Use Application
SVMC Cross-
Type Land Use and Development Application Reference
Accessory dwelling units 19.40
Administrative determinations by city manager or designee Multiple
or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21 .20.040
Floodplain development 21.30
Grading permits 24.50
Type I
Home business permit 19.65.180
Shoreline letter of exemption 21.50
Record of survey to establish lots within a binding site plan 20.60.040
Right-of-way permits 22.130.100
Site plan review 19.130
Small cell permit 22.121; 22.122
Temporary use permit 19.160
Time extensions for preliminary subdivision, short 20.30.060
subdivision, or binding site plan
Alterations — preliminary and final subdivisions, short 20.50
subdivisions, binding site plans
Type II Binding site plan — preliminary and final 20.50
Binding site plan — change of conditions 20.50
SEPA threshold determination 21.20.060
Shoreline conditional use permit 21 .50
21
CTA 2017-0005 Draft 1/17/18
Shoreline nonconforming use or structure review 21.50
Shoreline substantial development permit 21 .50
Shoreline variance 21 .50
Short subdivision — preliminary and final 20.30, 20.40
Preliminary short subdivision, binding site plan — change of 20.30
conditions
Wireless communication facilities 22.120
Conditional use permits 19.150
Planned residential developments 19.50
Plat vacation 20.70.020
Type III Preliminary subdivision — change of conditions 20.50
Subdivisions — preliminary 20.30
Variance 19.170
Zoning map amendments (site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments (text and/or map) 17.80.140
Type IV Area-wide zoning map amendments 17.80.140
Development Code text amendments 17.80.150
B. Assignment by City Manager or Designee. Land use and development applications
not defined in Table 17.80-1 shall be assigned a type based on the most closely related
application type by the city manager or designee, unless exempt under SVMC
17.80.040. When more than one procedure may be appropriate, the process providing
the greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline
conditional use permits, shoreline variances, and shoreline nonconforming use or
structure review shall be processed pursuant to the procedures set forth in Chapter
17.80 SVMC, subject to any additional or modified procedures provided in Chapter
21 .50 SVMC, Shoreline Regulations, including submittals, completeness review,
notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant
to the procedures set forth in chapter 17.80 SVMC except as may otherwise be required
pursuant to federal and state law, including but not limited to 47 U.S.C. § 1455(a)
(Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and
chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review
and processing of eligible facilities requests, collocations, small cell permits, and new
wireless communication facilities.
DE. Except as provided in Table 17.80-1, change of conditions for permits shall be
processed the same as the original permit type.
22
SMALL CELL DEPLOYMENT
Cary Driskell
City Attorney, City of Spokane Valley
Erik Lamb
Deputy City Attorney, City of Spokane Valley
January 25, 2018
City of Spokane Valley- Office of the City Attorney
Existing wireless monopole facilities
Current wireless facilities are large monopoles (also called macrocells), which
are up to 150 feet tall.
These act as central reception areas for wireless signals from hand held devices
like phones and iPads.
The farther away you get from the monopole, the less reliable the signal is.
Similarly, the monopole receivers have a limit on how much data theycan accept
p p
at one time.
This current technology is referred to as 3G or 4G, short for third or fourth
generation technology.
City of Spokane Valley- Office of the City Attorney
Moving the signal from small cell to macro cell
Macro cell currently collects wireless signals from individual devices.
Small cell deployment would add many smaller sites that would collect
the wireless signals, and then retransmit those signals to the macro cells
(monopoles), which then sends the signals on in various ways, including
wirelessly or through fiber.
The small cell facilities currently anticipate utilizing either a fiber
connection to the closest macro cell, or utilizing a microwave signal,
which has limitations because it requires uninterrupted line of sight to the
monopole.
City of Spokane Valley- Office of the City Attorney
Macro vs Small Cell
Cell -*%.,,,..: d-cell Near Cell Mid-cell Cell-edge
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Clearwire Microcell Application
• Clearwire deployment is similar to what is required for a 'small cell'on a power pole J
• Typically,'small cell'antennas would be smaller and battery back-up may be optional
_
CLE4RWIRE II
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Considerations fr nwSpokaneValleyregulations
s
Cannot prohibit small cell facilities within the ROW.
Currently have large number of varied facilities in the ROW.
Power and light poles - ranging from standard wooden up to primary poles from substations.
Power and other structures on the ground.
Signs.
Trees.
Limits on height and location (e.g., use of ROW and public health, safety, welfare).
Aesthetic impacts - design standards and/or stealth shrouding?
Federal and State law timing requirements.
Ease of permit processing - e.g., multiple sites per permit application?
Charges for new facilities when allowed by State law?
City of Spokane Valley- Office of the City Attorney
ca___Sp-cre Valley Small Cell Regulations and
Franchises
Proposed regulations and franchises establish a system and process for the
City to receive applications from wireless providers to use the City ROW
and to place small cell facilities within the ROW with minimum aesthetic
impact as allowed by law.
City of Spokane Valley- Office of the City Attorney .
Note on franchises
Based largely on other existing franchises.
Maintains common approach to governing ROW.
No fees for siting of new facilities.
Don't charge other services to place new facilities.
Requires franchise-holder to apply for small cell permit for each small cell
facility site.
Franchises approved by City Council in ordinance form.
No Planning Commission review.
City of Spokane Valley- Office of the City Attorney
Proposed Amendments
Amendments proposed for:
Appendix A
SVMC 17.80.030 - Permit processing
SVMC 19.60.050 - Permitted use matrix
• Chapter 22.120 SVMC - Existing wireless telecommunication regulations
• New proposed chapter 22.121
• New proposed chapter 22.122
City of Spokane Valley- Office of the City Attorney
Proposed Amendments — Appendix A
Appendix A amended to add definitions related specifically to small cell
deployments and the new timeline provisions
City of Spokane Valley- Office of the City Attorney
Proposed Amendments — SVMC 17 . 80 . 030
SVMC 17.80.030 amended to provide that small cell permits are Type I
permits subject to the permit processing requirements of chapter 17.80
SVMC except as otherwise required by federal and state law and chapter
22.122 SVMC, which contains those different review periods.
City of Spokane Valley- Office of the City Attorney
Proposed Amendments — SVMC 19 . 60 . 050
The permitted use matrix was amended to allow small cell deployments in
all zones subject to the supplemental regulations in newly proposed
chapters 22.121 and 22.122 SVMC.
City of Spokane Valley- Office of the City Attorney
ProposedAmendments — Chapter 22 . 120 SV
Chapter 22.120 SVMC currently exists and governs all wireless
telecommunications facilities. It primarily addresses macrocell and
monopole siting.
Proposed amendments remove small cell services from chapter 22.120
SVMC since they will be covered by proposed chapter 22.121 SVMC.
Table 22.120-1 is updated to address the zone changes that occurred in the
2016 Comprehensive Plan Update process.
City of Spokane Valley- Office of the City Attorney w,.=,
ProposedAmendments — Chapter 22 . 121 SVMC
Provide for "master use permits"
These will be franchises
Deployment of small cell facilities requires small cell permit application
Application requirements:
Up to 3o sites per application
Locations identified and description of facilities to ensure compliance with design
standards
Copy of valid franchise or concurrent franchise approval being processed
Elements that are "collocations" or "eligible facilities requests" must be identified
Declaration from RF Engineer regarding conformity with applicable FCC regulations
on frequencies used
Environmental checklists as required per SEPA
Evidence of authorization from other utility providers if the small cell facilities will
be located on other providers' utility poles or facilities
City of Spokane Valley- Office of the City Attorney
Propose . -- • - Chapter 22 . 121- SVM-
cont .
Small cell design and concealment standards:
For new poles, integration into the new pole unless technically infeasible
For existing poles, integration into existing design of pole
External projections limited to greatest extent technically feasible
Vertical projections are limited to fifteen feet above the pole
Antenna and antenna enclosures limited to three cubic feet
• External projections painted to resemble and match the pole
• Small cell facilities shall not interfere with normal use of the pole or ROW
• Primary enclosures shall be no larger than seventeen cubic feet
Ground based enclosures shall be buried or integrated into the surroundings to the
maximum extent feasible
Shall not be located on improved street or sidewalk
Shall not be located in stormwater facilities
Advertising not allowed
No artificial lights, unless required by FAA
Not permitted in public parks
City of Spokane Valley- Office of the City Attorney 49
oseRropaAmendments - Chapter 22 . 122 SVMC
• Related to federal and state mandated permit review times
"Eligible facilities request" - 6o day review period
Eligible facilities are defined under federal law and Appendix A as "request for
modification of an existing tower or base station that does not substantially change
the physical dimensions of such tower or base station."
Eligible "collocation" - 90 day review period.
Eligible collocations are defined under federal law and Appendix A as "mounting or
installation or transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for communication
purposes.
Specifies that new wireless communications facilities shall be processed within
150 days of receipt of a complete application.
As a note, SVMC 17.80.130 requires the City to issue decisions on Type I permits
within 6o days and Type II and Type III permits within 120 days after fully
complete applications are received. y
City of Spokane Valley- Office of the City Attorney _)
Pro _ Co-rn-mission
_--- _-.-___ __ _ ._._ ._ __ _ �___._. �
Questions
Require distance between new poles (e.g., no new poles for small cell sites
within 250 feet of each other, unless technically infeasible)?
Require collocation (e.g., require collocation for any sites within 250 feet
of one another, unless technically infeasible)?
Require minimum height for antenna?
Bury ground-based facilities?
Require providers to retransmit from small cell to macro cell via fiber?
Technical details - radiation levels, type of bandwidth, possible impact on
people.
Crime statistics for small cell sites?
Taxes on wireless facilities?
City of Spokane Valley- Office of the City Attorney
Questions ?
City of Spokane Valley- Office of the City Attorney 22
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 25, 2018
Item: Check all that apply: ❑ consent ❑ old business ® new business
❑ public hearing ❑ information® admin.report ❑ pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Open Government Training
DESCRIPTION OF PROPOSAL: N/A
GOVERNING LEGISLATION: Open Public Meetings Act (RCW 42.30); Public Records Act (RCW
42.56);RCW 42.23
BACKGROUND: In Washington,there are numerous laws to promote transparent and open government
by the legislative and appointed bodies that serve the people. These laws include the Open Public
Meetings Act (RCW 42.30), the Public Records Act (RCW 42.56) and various laws setting forth ethics
requirements for municipal officers. As members of an appointed body, Planning Commission members
are subject to the requirements set forth in these laws. Staff will provide training and overview on the
various open government laws for Planning Commission members to meet training requirements for the
Open Public Meetings Act and to educate members on the other open government requirements.
RECOMMENDED ACTION OR MOTION: N/A
STAFF CONTACT: Cary Driskell,City Attorney; Erik Lamb,Deputy City Attorney
ATTACHMENTS: PowerPoint Presentation
RPCA for 2018 Open Government Training
-
------------ - -
Public Records Act and OpPublic
Meeting Act Training
Cary Driskell
City Attorney, City of Spokane Valley
Erik Lamb
Deputy City Attorney, City of Spokane Valley
January 25, 2018
City of Spokane Valley- Office of the City Attorney
ThePtib1ic Records Act — RCVT42 . 56
Historical b
Adopted in 1972 by Initiative 276.
Codified under chapter 42.56 RCW.
City of Spokane Valley- Office of the City Attorney 2
-----�
Strongly worded mandate - statute
"The people of this state do not yield their sovereignty to the agencies that
serve them. The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to know and what
is not good for them to know. The people insist on remaining informed so
that they may maintain control over the instruments they have created."
RCW 42.56.030
City of Spokane Valley- Office of the City Attorney
" Public Record " definition
Relevant portion of definitions states as follows:
"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics.
City of Spokane Valley- Office of the City Attorney
" Public Record " definition
Most important parts are:
(1) "writing";
(2) "relating to the conduct of government or the performance of any
governmental or proprietary function"; and
(3) "owned, used, or retained by any state or local agency".
City of Spokane Valley- Office of the City Attorney
"Writing " - electronic
E-mails;
Tweets;
Text messages;
Transitory postings on Facebook and other social media;
Meta-data; and
Police/security video.
City of Spokane Valley- Office of the City Attorney 6
Public Record (writing) versus Information
PRA only requires disclosure of public records
Information is not a record and therefore not subject to required
disclosure
Information is material or data that is not part of an identifiable
record
E.g., City population, who is the mayor, how many employees
However, City policy and customer service standards provide for
employees to provide information as requested
City of Spokane Valley- Office of the City Attorney ;_
Dfinftie — nt ad
"used by overnment"
�
Important distinction within definition - location not mentioned
Location not critical factor, nature of record is what is critical
(relates to conduct of government or performance of governmental
or proprietary function and prepared, owned, used, or retained by
City).
Personal computer or phone of Planning Commission
Text messaged from personal phone of Planning Commission
In possession of third party contractor
Available from another entity
City of Spokane Valley- Office of the City Attorney
Dfinftie — nt ad
"used by overnment" — cont .
�
No Constitutional privacy rights for public records on private devices,
private emails, or private texts
Must conduct reasonable search where records are likely to be located.
If we know or learn of facts that suggest a search of an additional
location or source might reasonably be expected to uncover responsive
records, we must make that extra search.
PRA requires employees/agents/officials to conduct a search of their
own files/devices, submit any public records, and submit a
reasonably detailed affidavit attesting to the nature and extent of the
search
City of Spokane Valley- Office of the City Attorney
-----�
Agency duty to respond
Local governmental entities are mandated to adopt and enforce
reasonable rules governing how the agency shall respond to requests.
RCW 42.56.100.
Spokane Valley has done that through adoption of SVMC 2.75.
Requestors may request copies or to view records. Have requestors work
with City Clerk's office to set up viewing appointments.
City of Spokane Valley- Office of the City Attorney )
oF rm ftherecord 0 r
No specific form necessary
Can be oral, but agency should memorialize in writing for protection and
clarity
Request must provide "reasonable description" to be able to locate the
record
Sufficient clarity to give agency fair notice a PRA request has been received
as opposed to other request
City of Spokane Valley- Office of the City Attorney
PnptTe5b n s e u i red
Must respond within 5 business days by:
(1) providing the record;
(2) providing an internet address/link to website for specific records;
All City ordinances, resolutions, and contracts are online, as well as many other
major documents such as the Comprehensive Plan
(3) acknowledging that the [agency] has received the request and providing a
reasonable estimate of the time the [agency] will require to respond to the request;
(4) acknowledging that the [agency] has received the request, requesting clarification,
and providing a reasonable estimate of the time the [agency] will require to respond to
the request if clarification is not provided; or
(5) denying the record request.
City of Spokane Valley- Office of the City Attorney oaf
t from disclosuittrneyfleht
p
privileged information
RCW 42.56.070(1) contains what is commonly referred to as the "other
laws" exemption to disclosure. It specifically states in pertinent part that
"each agency . . . shall make available . . . all public records unless [exempt
under the PRA] or other statute which exempts or prohibits disclosure of
specific information or records."
RCW 5.60.060(2)(a) states that "[a]n attorney or counselor shall not,
without the consent of his or her client, be examined as to any
communication made by the client to him or her, or his or her advice
given thereon in the course of professional employment."
City of Spokane Valley- Office of the City Attorney ,.
Information notexa m-
les
protected p
Council, Planning Commission, and employee names;
Council and employee salary;
Council and employee benefits;
Employee vacation/sick time used;
Council, Planning Commission, and employee work e-mail address; and
employee length of service.
City of Spokane Valley- Office of the City Attorney
Penalties and Attorney's Fees
RCW 42.56.550(4) provides that it "shall be within the discretion of the court to
award such person an amount not to exceed one hundred dollars for each day
that he or she was denied the right to inspect or copy said public record."
how much of a fine to assess is based on two steps:
(1) count the number of days the party was denied access to the records; and
(2) determine the appropriate per day penalty, up to $100 per day depending on the
nature of the denial.
The prevailing party is entitled to "reasonable attorney fees" and costs of suit.
City of Spokane Valley- Office of the City Attorney
Penaltyer document orper request ?
p
Until 2016, the rule was that the daily penalty applied to the request, not
per document. Yousoufian v. Sims, 152 Wn.2d 451 (2004).
Last year, the state Supreme Court ruled that it is within the trial court's
discretion to assess a daily penalty for each page of each document
wrongfully withheld, depending on the circumstances (i.e. how egregious
the violation was). Wades Eastside Gun Shop v. Department of Labor &
Industries,
City of Spokane Valley- Office of the City Attorney
Detilrmininghow muchpenalty
Good faith failure to find and produce a document?
Zink v. City of Mesa, 140 Wn. App. 328 (2007) - large and frequent record
requests by former Mayor materially interfering with operation of clerk's
office.
Trial court was sympathetic ("substantially complied", full compliance
amounted to "practical impossibility", the requests "amounted to unlawful
harassment").
Court of Appeals disagreed, finding strict compliance required, not
substantial compliance. Penalty and fees of $246,000.
City of Spokane Valley- Office of the City Attorney w,.=,
-----�
Agency " best practices"
� y
1. Entity management attitude;
2. Training;
3. Prioritizing requests;
4. Tracking requests;
5. Effective monitoring;
6. Central point of contact in the agency;
7. Visible signage;
8. Transparency and communication;
9. User-friendly website;
10. Good records management and information technology;
11. Appropriate copying charges;
12. Using the installment method for large requests;
13. Communicate agency appeal process for record denials; and
14. Documenting the request process.
City of Spokane Valley- Office of the City Attorney i8
Questions on the PRA?
City of Spokane Valley- Office of the City Attorney i9
The O e� n Public Meetings Act
City of Spokane Valley- Office of the City Attorney 20
The Open Public Meetings Act OPMA
Washington State law enacted in 1971.
Codified under chapter 42.3o RCW.
Applies to all city and town councils, and many subordinate city and town
boards and committees.
Applies to planning commissions, lodging tax advisory committees.
City of Spokane Valley- Office of the City Attorney 7z.
Purpose of OPMA
Governments "exist to aid in the conduct of the people's business." RCW 42.30.010.
"Thedeo le of this state do not yield their sovereignty to the agencies which serve
them.' Id.
"The people, in delegating authority, do not give their public servants the riht to decide
what isgood for the people to know and what is not good for them to know. Id.
p p
"The people insist on remainin informed so that they may retain control over the
instruments they have created.' Id.
Goal is transparency and public trust.
City of Spokane Valley- Office of the City Attorney ��.
OPMA requirements
OPMA requires that:
All meetings of the governing body shall be open to the public.
All actions taken by such bodies shall be done at meetings that are open to
the public.
City of Spokane Valley- Office of the City Attorney
What is a " meeting " ?
There must be a "meeting" in order to trigger the requirements of the
OPMA.
"Meeting" means meetings at which action is taken;
"Action" means the transaction of the official business of a public agency by a
governing body including but not limited to receipt of public testimony,
deliberations, discussions, considerations, reviews, evaluations, and final
actions;
Physical presence is not required.
Majority (quorum) implicates "meeting" rules.
City of Spokane Valley- Office of the City Attorney
What is a " meeting " ? cont .
Courts have found that "serial meetings" are considered "meetings" under
the OPMA.
What is a serial meeting?
One Commissioner speaks with two other Commissioners about particular
City business. Unbeknownst to the original Commissioner, a fourth
Commissioner also speaks to the two other Commissioners about the same
City business.
So now all four Commissioners, which constitutes a quorum, have discussed the City
business and have done so outside of an open public meeting.
Best practice: Conduct all discussions in public meetings.
City of Spokane Valley- Office of the City Attorney
What is a " meeting " ? ( cont .
Email communications can constitute a meeting which violates the OPMA if it
goes back and forth.
Solely receiving information is not a violation. Responding to email could be a
violation depending on the circumstances.
It is not necessary that a governing body take "final action" (a vote) for a meeting
to be subject to the OPMA.
Discussion regarding City matters is "action."
Requires a public meeting if a quorum of members are present for the discussion.
City of Spokane Valley- Office of the City Attorney 26
What is nota " meeting " ?
What is not a meeting:
If City matters are not discussed, then the gathering is not a "meeting"
subject to OPMA (even if a quorum is present).
Examples:
Social gatherings if City business is not discussed;
Gatherings before or after official action (such as the time prior to Planning
Commission meetings) so long as City business is not discussed;
Meetings of other government agencies (BoCC, chamber of commerce), so long as the
Council/Commission members do not discuss City business amongst themselves.
Perception still important.
City of Spokane Valley- Office of the City Attorney �;?
Procedural Requirements for Meetings
Outlined in detail in the Commission Rules of Procedure.
Some general requirements:
Notice;
Open to public;
Votes cannot be by secret ballot;
Member of public cannot be forced to give their name or other information as
condition of attendance (can condition a person's ability to speak at the
meeting on providing information).
City of Spokane Valley- Office of the City Attorney
OPMA exemptionsexce tions and
p
No City business = OPMA not implicated.
If no official business of City is transacted, OPMA does not apply.
Public perception is a separate consideration from what is legal.
Active preparation for litigation.
Executive sessions (generally only applies to City Council) :
11+ specific circumstances, defined by statute
Closed session (OPMA simply does not apply) (generally only applies to City
Council)
RCW 42.30.14o (quasi-judicial matters and collective bargaining issues)
City of Spokane Valley- Office of the City Attorney
OPMA p enalties
Effect of penalty
The penalty for a violation of the act is direct: any action taken in violation of
the OPMA is null and void;
"Any person" may bring the action in superior court.
Individual liability.
$500 penalty for first violation if they attend with knowledge that the
meeting is in violation of the Act, and $1,000 for subsequent violations.
City liability.
Liable for all costs, including reasonable attorney fees.
City of Spokane Valley- Office of the City Attorney ;_
Questions on OPMA?
City of Spokane Valley- Office of the City Attorney 31
_ ________-- -
Conflicts of Interest
Appearance of Fairness Doctrine
Municipal Code of Ethics
Conflicts of interest
"The general rule for specific prohibitions against conflicts of interest is
that a public official may not exercise his or her office to confer a personal
benefit upon him or herself. This rule is grounded on the fundamental
principle that public officers hold a public trust. Under this principle,
public officers are held to a standard of behavior that does not undermine,
provide an opportunity to undermine, or appear to undermine that trust."
Excerpt from publication on conflicts of interest by Bob Meinig,
Municipal Research Services Center
Various statutes provide restrictions on specific conflicts.
Most related to financial benefits
Conflict of interest — now what ?
A Planning Commission member who believes they may have a conflict
should contact City staff prior to meeting, if possible, to discuss.
If a Planning Commission member believes they have a conflict of interest
problem should announce the conflict, then leave the room while that
matter is being considered by the Commission, and not participate in any
way in communications or in the decision-making process regarding the
matter.
Appearance of Fairness doctrine
Applies only to quasi-judicial matters and not to legislative ones. RCW
42.36.010.
Doctrine requires government decision-makers in quasi-judicial matters
to conduct hearings and make decisions in a way that is fair to others in
appearance and fact.
Test for fairness: would a fair minded person in attendance believe that:
everyone was heard who should have been heard, and
the decision-makers were impartial and free from outside influences?
City of Spokane Valley- Office of the City Attorney
What actions are
-
uasiudicial ?
a �
Those actions of a legislative body or planning commission that determine
the legal rights, duties and privileges of specific individuals in a hearing or
contested case. RCW 42.36.010.
Indicators that action is quasi-judicial:
• Decision applies policy to a specific situation rather than setting policy.
• Decision has a greater impact on a limited number of people, and has only a
limited impact on general public.
Purpose of the proceeding is to reach a fact-based decision by choosing
between two distinct alternatives.
36
Examples ofquasi -judicial actions .
Quasi-judicial (handled by City Hearing Examiner):
Subdivision approvals;
• Preliminary plat approvals;
• Conditional use permits;
• Variances;
Rezones of specific parcels; and
Discretionary zoning permits if hearing required.
Not quasi-judicial:
Adoption, amendment, or revision of comprehensive plans;
Adoption of area-wide zoning ordinances; and
Adoption of area-wide zoning amendments.
City of Spokane Valley- Office of the City Attorney •,_
Appearance of Fairnessapplied
Disqualifies decision-makers from the quasi-judicial decision-making process
who:
have prejudged the issues;
have a bias in favor of one side in the proceeding;
have a conflict of interest; or
cannot otherwise be impartial.
Prohibits "ex parte" communications between a decision-maker and a proponent
or opponent of the matter being decided during the pendency of a quasi-judicial
proceeding. RCW 42.36.060.
City of Spokane Valley- Office of the City Attorney
Municipal Officer Code of Ethics -
RCW 42 . 23 . 070
Prohibited Acts for Municipal Officers:
Cannot use position to secure special benefits
Cannot receive gifts related to scope of position
No disclosure of confidential information
39
Questions on Appearance of Fairness ?
City of Spokane Valley- Office of the City Attorney 40
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 25, 2018
Item: Check all that apply: ❑ consent ❑ old business ® new business
❑ public hearing ❑ information ® admin. Report ❑ pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Admin Report - Open Space Requirement for Residential Projects in
Mixed Use Zones
DESCRIPTION OF PROPOSAL: N/A
GOVERNING LEGISLATION: SVMC 19.70.050(g)
BACKGROUND:
SVMC 19.70.050(g) stipulates that residential projects with more than 10 units located in mixed use
zones must provide open space at a rate of 210 square feet per unit with specific exceptions noted in the
SVMC. The requirement has been present in the City's development regulations since the adoption of
the City's Development Regulations in 2007 by Ordinance#07-015. The text associated with the code
remained essentially the same with the 2016 update of the Development Regulations.
Councilman Wood had requested this code section be discussed, and the Council discussed the
regulation on December 19, 2017. Council members expressed concerns regarding requiring
open space and conversely not requiring open space. After discussion, the Council directed staff
to review the regulation with the Planning Commission. At this time the Planning Commission
should discuss the merits of the regulation and determine if a change is appropriate.
Staff will present an overview of SVMC 19.70.050(g) for discussion.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. SVMC 19.70.050
2. Presentation
RPCA SVMC 19.70.050(g)Discussion
Page 1 of 1
19.70.050 Additional standards.
A. Structure intrusions into setbacks are prohibited except:
1.The ordinary projections of window sills,belt courses,cornices,and other architectural features projecting
not more than 12 inches and roof eaves projecting not more than 24 inches.
2.Minor features of a structure,such as chimneys,fire escapes,bay windows no more than 12 feet long and
which cantilever beyond the foundation of the structure,uncovered stairways,wheelchair ramps,and
uncovered decks or balconies,may extend into a required setback up to 20 percent of the depth of the setback.
However,these features may not be within three feet of a lot line when a setback is required.
3.Attached mechanical equipment such as heat pumps,air conditioners,emergency generators,and water
pumps are allowed to project not more than 24 inches into the side or rear setback only.
4.Fences that meet the requirements set forth in SVMC 22.70.020.
5.Walkways and driveways,including parking in the driveway,are allowed in the front yard setback of R-1,R-
2,and R-3 zones only.
6.Canopies,marquees,awnings,and similar features in mixed-use or nonresidential zones may fully extend
into a front yard setback subject to the requirements of SVMC Title 24.
B. Supporting member of any garage,carport,portable carport,or other automobile storage structure shall not be
located within the required front yard.
C.Accessory structures shall not be erected within five feet of any rear or side property line,or be located within the
front yard or any public or private easement.
D. Where applicable,structures shall not be erected to a height in excess of that permitted by SVMC 19.110.030,
Airport hazard overlay.
E.In R-1,R-2,and R-3 zones,cooling towers,roof gables,chimneys,and vent stacks may extend for an additional
height,not to exceed 40 feet,above the average finished grade of the building.Water stand pipes and tanks,church
steeples,domes and spires,and school buildings and institutional buildings may be erected to exceed maximum
height requirements;provided,that one additional foot shall be added to the width and depth of front,side,and rear
yards for each foot that such structures exceed the required height.
F.Open space required pursuant to Table 19.70-1 shall be accessible to all residential units and shall be suitable for
active and passive recreational purposes,subject to the following:
1.The required open space area shall not include required yards,parking areas,required landscaped areas,
stormwater facilities,or required spacing between structures;
2.The amount of open space may be reduced by up to 25 percent where at least two of the following amenities
are provided:
a.Play or sports courts;
b.Playgrounds with equipment;
c.Trails or pedestrian walkways not required for access to residential units or parking areas;
d. Swimming pools;
e.Gazebos;or
f.Clubhouses;
3.The required open space shall not be reduced by more than 50 percent.
Attachment A—SVMC 19.70.050 Additional Standards
G.In mixed-use zoning districts,projects with residential components shall provide 210 square feet of open space
per dwelling unit conforming to the requirements of SVMC 19.70.050(F)and eligible for reduction for
improvements on the same basis;provided,that:
1.The requirement does not apply to the development of less than 10 new dwelling units;
2.Additional open space is not required for residential development located within 1,300 feet of a public park;
and
3.A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet
the needs of the residents of the mixed-use zoning districts.Council will determine this assessment and review
it on an annual basis.
H.Residential development in nonresidential zones shall comply with the density and dimensional standards of the
MFR zone in Table 19.70-1,except single-family development in the NC zone,which shall comply with the density
and dimensional standards of the adjacent single-family residential zone.Where the NC zone abuts multiple single-
family residential zones,the zone with the higher density shall apply.Where there are no single-family residential
adjacencies to the NC zone,the density and dimensional standards of the R-2 zone shall apply.
I.New development exceeding three stories in height shall be served by paved service lanes that are at least 16 feet
in width.
J.The following design standards apply to all outdoor lighting in residential zones:
1.All new development shall provide lighting within parking lots,along pedestrian walkways,and accessible
routes of travel.
2.Lighting fixtures shall be limited to heights of no more than 24 feet for parking lots and no more than 16 feet
for pedestrian walkways.
3.All lighting shall be shielded from producing off-site glare,either through exterior shields or through optical
design inside the fixture,and shall not emit light above 90 degrees.
4. Street lighting installed by the City or other public utilities is exempt from SVMC 19.70.050(J).
K.Principal or accessory structures shall not be located within the clearview triangle pursuant to Chapter 22.70
SVMC.(Ord. 16-018 §6(Att.B),2016).
Attachment A—SVMC 19.70.050 Additional Standards
Spokane
Valley
Planning Commission Meeting
January 25, 2018
Overview of SVMC 19.70.050(G) Open Space Requirement in Mixed Use Zone
Administrative Report
City Council Direction
Council discussion (Study Session - Dec. 19, 2017)
Direction
Send to PC for review and recommendation
Concerns:
■ Open space unnecessary versus necessary
■ Disadvantages the property in Mixed Use Zones that
are required to provide open space
O en Space Requirement
p
Background InfoDevelopment .....* 3'
code —;
0
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ü Open space requirement in . .__„.
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Mixed Use Zone since 2007 C l`- r'n
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......*Valley (U
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Open Space Requirement
(SVMC 19. 70. 050(G) - Current Regulation)
In mixed-use zoning districts, projects with residential components shall
provide 210 s.f. of open space per dwelling unit. . .conforming to
. . .SVMC 19.70.050(F) and eligible for reduction. . . provided, that:
1 . The requirement does not apply to development of less than 10
new dwelling units;
2. . . .does not apply to residential development located within 1 ,300
feet of a public park; and
3. A fee in lieu of land dedication may be assessed for the
development of public parks and open spaces to meet the needs of
the residents of the mixed-use zoning districts. Council will determine
this assessment and review it on an annual basis.
Use COSVPermitted Chart
Parks
and
Zones that Open
Residential Mixed Use Commercial Industrial Space
Permit
R-1 R-2 R-3 RIM MU CMU NC RC NU I POS
Residential
Uses Dwelling, multifamily P P P
Dwelling, single-family P P P F' P P P
IDwelling, duplex P P P I P
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1,......ff:
_,...,
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Wheredoesthe - Li --- - fl1
n I
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regulation apply? _ Euci[d . •
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4606.00e0,,
it
M ixed Use -Buck. 4. i eel
I
141Fseion. . illff.'s:lir-( I\/1U ) w ti 6 oadwaY roaCwaY
) r i. i
,t. ,
4 x r -04t h'
and
d "' "� 7% . ,: - � � err ��:� _
Corridorileigilemf
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I.— 18th 1a ar z4 1€tn 1 HM
milassi
Mixed Use .,.."
,h &astir uth
r.
CMU ) '17,1,., r_._,� ,+
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Zones „ __!
1) 1/ 1N Legend
Zoning
... r11_I
crou
What types of uses trigger the requirement?
Uses that trigger it: Uses that DO NOT trigger it.
Multi-family residential El Single family
( > 1 0 units) development
Mixed Use buildings ü Mixed use or Multi
(Commercial and family projects with
residential mix — > than
> 10 residential units
1 0 units)
■■.
, ottp i c,lo.,..444, wows' 1.. . ,07011090, ../., . .
Exceptions to the �...
open space for,/,.. , ,
. `•
requirement .... B a 2
ht41's .0.11A 4(/4()14,0 ',tor p fr -00e ..if 1 Ai
Knex
r i ,A t
-,■� -- II III II ■
+'Sh c III
• MU and CMU r-• t = g 4 --� •
u a Bre.:., _ _ so . -•w
zoned sites LL - /
•
i▪_• 3rdllie ■ ffilia f
Atrossimidiw
that lie ▪— c , 40.4
h Arr. x
within 1300 ��■ -
,.� 16th P ME ill.
of public `P' 424th u
Legend
pars kand �: Parks 13COft buffer
trails I Parks
Pppleway Trail
�' � Centennial Trail
Zoning
■■r� MU
It iti v CM U8
Exceptions to the open space requirement
9
A fee in lieu of land dedication may be assessed
by Council for parks development in MU zones.
• When could the fee in lieu be used?
In settings where residential development with > 10
units is farther than 1300 feet from a public park
and the site is constrained
Comparison to Other Jurisdictions
Jurisdiction Standard Comment
Spokane 210 sf per Applies to projects with 10 or
_Valley unit more units
_l_
City of Not required Mixed Use Zones are near
Spokane public open space
Spokane Not required FAR increases allowed if
County amenities are provided
Liberty Applies to projects with 4 or
Lake 20% of site more units; additional private
space requirements apply
Next Steps
Discuss the merits of the regulation
Determine if:
Regulation should Regulation should Regulation should
remain as is. be modified be deleted
• Forward •• Provide direction i.• Provide direction
recommendation to staff to to staff
iii
to Council develop draft • Begin CTA
• Begin CTA
Lprocess
process