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Seattle, WA Resolution No. 29344

Not an official copy.

City of Seattle, Washington
Resolution No. 29344

A RESOLUTION regarding the leasing of City of Seattle real property and/or facilities for wireless communication transmission purposes to licensed commercial mobile services and commercial common carrier wireless exchange access services.

        WHEREAS, The Mayor and the Seattle City Council have expressed an interest in expanding the development of advanced telecommunications options within The City of Seattle; and

        WHEREAS, The City of Seattle has encouraged increased competition in the provision of telecommunications services; and

        WHEREAS, The City of Seattle has recognized the value of a variety of service options to meet telecommunications needs; and

        WHEREAS, The City of Seattle has adopted specific regulations related to wireless communications in the Seattle Municipal Code, Chapters 23.57, 25.05, and 25.10; and

        WHEREAS, The City of Seattle recognizes that wireless facilities can have land use and aesthetic impacts on neighborhoods if not sited carefully; and

        WHEREAS, The City of Seattle retains local zoning authority over the placement, construction and modification of personal wireless services facilities so long as the City’s regulations do not have the effect of prohibiting the provision of personal wireless services; and

        WHEREAS, The City of Seattle owns real property and facilities that may be appropriate siting locations for wireless facilities with minimal disruptive impacts to Seattle neighborhoods; and

        WHEREAS, the leasing of such real property and/or facilities for the purpose of wireless communication facility siting may increase The City’s economic return from the public assets in its stewardship;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City of Seattle (“City”) should encourage the use of City real property and/or facilities in siting wireless facilities for commercial mobile services and wireless common carrier accessexchange services, as defined by Federal law and Federal regulations, when appropriate and when there will be minimal disruptive impacts on neighborhoods.

Section 2. The Guidelines for the Siting of Wireless Facilities on City Property, attached hereto as Exhibit “A”, are hereby adopted.

Section 3. Through December, 1997, all decisions to approve or disapprove proposals for siting wireless installations on City facilities shall be reviewed for consistency with the Guidelines by a committee designated by the Director of the Office of Management and Planning,, including members of the Asset Management Taskforce, OMP and DAS.

Section 4. City Departments, through a report compiled by the Asset Management Task Force, shall advise the Council of the status of any requests for use of City facilities for wireless facilities, of negotiations for leases, and of any executed leases and permits twice each year. The Asset Management Taskforce shall, by year-end 1997, recommend to the Council whether to continue the decision review process described in Section 3.

Adopted by the City Council the ______ day of ______________, 19 ___, and signed by me in open session in authentication of its adoption this _______ day of _______________, 19 ___.

____________________________________

President_____________of the City Council

Filed by me this _____ day of ________________, 19 ___.

____________________________________

City Clerk

THE MAYOR CONCURRING:

____________________________

NORMAN B. RICE, MAYOR

Guidelines for the Siting of Wireless Facilities on City Property

I. POLICY

The City of Seattle ("City") encourages the use of City real property and/or facilities for siting wireless communication facilities for commercial mobile services and wireless common carrier access exchange services, as defined by Federal law and Federal regulations. City of Seattle departments with property management responsibility may negotiate with these services to enter into lease agreements with the City; to be approved either by City ordinance or pursuant to SMC 3.18.140 or as otherwise authorized by the City Council by ordinance, to place wireless facilities on the buildings, towers and properties controlled by said departments. Such negotiations shall be in accordance with City policies affecting real property management, reuse and disposition, and the following guidelines:

II. IMPLEMENTATION GUIDELINES

A. Process for Evaluating Proposals for Wireless Communications Facilities

  1. To encourage opportunities for co-location of equipment, prior to approval of any such leases or permits with wireless service providers, the City shall publish a notice, or otherwise notify the licensees of such wireless communications services in this area of the City's policy regarding the use of City real property and/or structures for the purpose of siting wireless facilities.

  2. Licensed commercial mobile services and commercial common carrier wireless exchange access services shall contact the City department with jurisdiction over the City property and/or facility for preliminary approval.

  3. The department with jurisdiction shall evaluate proposals according to the criteria outlined below, and shall determine whether to proceed with lease or permit negotiations. If preliminary approval is given, the department shall state required conditions for such leases or permits to assure minimal interference with departmental operations and shall clearly state that the lease will require compliance with conditions that are imposed through the land use permit process.

  4. If preliminary approval is granted by the department with jurisdiction, the proposer may apply for a Master Use Permit from the Department of Construction and Land Use (DCLU). The wireless service takes the risk that a Master Use Permit may not be approved or that a proposed lease may not be approved by the City Council.'

    • Proposed wireless communications facilities shall comply with the requirements specified in the City's Land Use and Zoning Code (SMC 23.57), SEPA Policies and Procedures (SMC 25.05) and Radiofrequency Radiation Ordinance (SMC 25. 10) and shall be consistent with the Comprehensive Plan.

    • Facilities may require conditional use approval pursuant to SMC 23.57.

  5. The department with jurisdiction shall negotiate a lease or permit containing any and all applicable conditions of the department with jurisdiction and shall require compliance with all Master Use Permit conditions.

    • Through December 1997, a committee appointed by the Director of the Office ofmanagement and Planning shall assure that siting decisions and proposed leases are reviewed for consistency and that the City receives fair market value for the use of its property.

    • Any lease that has been negotiated by a department shall be approved, if required, by Council, and pursuant to the requirements governing the leasing of property managed by the department with jurisdiction.

    • Any lease shall not be in force until approved by City Council, if required, and until the lessee obtains all necessary permits to utilize the site.

B. Criteria for Evaluating, Proposals

  1. Such wireless communications facilities shall not unreasonably interfere with the intended City use of its real property and/or structures, including but not limited to interference with City communication facilities.

  2. Such use of City real property and/or structures must not violate any laws or other limitations on the use of the City property nor any limitations on the structure established for the protection of the neighboring community.

  3. Any City structure proposed for siting of wireless communications equipment shall have adequate physical capacity for the wireless facility. The lessee may propose and install, at its own expense and only after City approval, structural, mechanical and/or electrical renovations to the City structure, provided that these renovations and any disruption of the City real property and/or facility for the renovations are acceptable to the department managing the City property.