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Ordinance No. 2021-29 Extending Interim Control - Small Wireless Facilities - Approved 102621Page 1 of 7 ORDINANCE NO. 2021-29 AN ORDINANCE of the City of Bainbridge Island, Washington, concerning wireless communication facilities; leaving the effective date of the interim official control adopted by Ordinance No. 2019-15 unchanged; adopting an updated work plan; and extending the duration of the interim official control adopted by Ordinance No. 2019-15, and previously extended by Ordinance Nos. 2019-31, 2020-11, 2020-22, and 2021-14 for an additional six-month period to May 14, 2022. WHEREAS, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling, Order, and Regulation (“FCC Order”), which imposed limitations on local municipalities, including the City of Bainbridge Island (“City”), regarding processing and review of all permits associated with the deployment of small wireless facilities; and WHEREAS, the City Council found that the existence of the federal regulations required the immediate enactment of administrative procedures and processes which comply with the FCC Order; and WHEREAS, on May 14, 2019, in response to the FCC Order, the City Council approved Ordinance No. 2019-15, adopting an interim official control that created a new Chapter 18.10A, establishing interim small wireless facility design standards, amended Table 18.09.020, BIMC 18.09.030, and BIMC 18.10.010, and repealed and replaced Chapter 18.11 BIMC; and WHEREAS, the interim official control adopted by Ordinance No. 2019-15 was established for a six (6) month period, which the City Council found to be necessary for the immediate preservation of the public peace, health, and safety; and WHEREAS, contemporaneous with the consideration of Ordinance No. 2019-15, the City Council enacted amendments to its existing master permit code provisions, Chapter 19.02 BIMC, and adopted a new Chapter 19.10 BIMC in order to provide a clear permitting procedure for the deployment of small wireless facilities; and WHEREAS, on June 11, 2019, the City Council held a public hearing on Ordinance No. 2019-15 to receive public comment on the interim official control; and WHEREAS, the adoption of aesthetic standards for deployment of small wireless facilities and utilization of a concurrent process emphasizing administrative review enables compliance with the federal presumptively reasonable time limits for review of proposed deployments of small wireless facilities; and WHEREAS, the City was required to enact administrative procedures and process to comply with the new presumptive federal safe harbors on or before January 14, 2019; and Page 2 of 7 WHEREAS, separately, federal law and regulation set time limits on the processing of applications for eligible facility requests to expand existing structures which do not substantially change the height or profile of the structures used to collocate wireless communications facilities, and which regulations will replace Chapter 18.11 BIMC; and WHEREAS, on August 13, 2019, the City Council directed the Planning Commission to begin work on permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15; and WHEREAS, on September 12, 2019, the Planning Commission began consideration of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15; and WHEREAS, on October 8, 2019, the City Council set a public hearing on Ordinance No. 2019-31 for the October 22, 2019 Council Meeting to extend the interim official control adopted by Ordinance No. 2019-15 for six months; and WHEREAS, on October 22, 2019, the City Council held a public hearing on Ordinance No. 2019-31; and WHEREAS, on October 22, 2019, following the public hearing, the City Council adopted Ordinance No. 2019-31, extending the interim official control until May 14, 2020; and WHEREAS, the Planning Commission continued its discussion of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15 during its October 24, 2019, December 12, 2019, and January 23, 2020 meetings; and WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in response to cases of COVID-19 in Washington State; and WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency due to the COVID-19 public health emergency; and WHEREAS, on March 10, 2020, the City Council adopted Resolution No. 2020-06, affirming the Proclamation of Emergency issued by the City Manager; and WHEREAS, the COVID-19 public health emergency has had and continues to have significant impact on City operations; and WHEREAS, due to the COVID-19 public health emergency, the City Council found that an additional six-month extension of the interim official control adopted by Ordinance No. 2019- 15 would be necessary given that the emergency posed by the spread of COVID-19 forced the cancellation of meetings of both the City Council and the Planning Commission; and WHEREAS, on April 14, 2020, the City Council set a public hearing on Ordinance No. 2020-11 for the April 28, 2020 Council Meeting to extend the interim official control adopted by Page 3 of 7 Ordinance No. 2019-15, and initially extended by Ordinance No. 2019-31, for an additional six months; and WHEREAS, on April 28, 2020, the City Council held a public hearing on Ordinance No. 2020-11; and WHEREAS, on April 28, 2020, following the public hearing, the City Council adopted Ordinance No. 2020-11, extending the interim official control until November 14, 2020; and WHEREAS, the Planning Commission continued its discussion of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15 during its May 28, 2020, June 11, 2020, June 25, 2020, July 23, 2020, and August 13, 2020 meetings; and WHEREAS, on August 13, 2020, the Planning Commission held a public hearing on Ordinance No. 2020-04, an ordinance containing permanent small wireless facility design standards; and WHEREAS, on August 13, 2020, following the close of the public hearing, the Planning Commission forwarded Ordinance No. 2020-04 for City Council consideration with a recommendation proposing several additional changes; and WHEREAS, relatedly, on August 12, 2020, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit entered a decision on five consolidated cases challenging the FCC Order preempting many aspects of local government regulation of small wireless facilities; and WHEREAS, based on that court decision, the City needed additional time to analyze the potential impacts of the Ninth Circuit’s decision as relates to the Planning Commission’s recommendation and proposed Ordinance No. 2020-04; and WHEREAS, on October 27, 2020, following a public hearing, the City Council adopted Ordinance No. 2020-22, further extending the interim control until May 14, 2021; and WHEREAS, as part of that ordinance, the City Council found that an additional six- month extension of the interim control was necessary to allow the Council time to develop, consider, and process permanent regulations to replace the interim control and to solicit additional public comment from residents regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by an extension of the interim control; and WHEREAS, over the subsequent several months, the City engaged in research and analysis related to the recommendations made by the Planning Commission as set forth in proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04); and WHEREAS, in relevant part, the Planning Commission made recommendations that are based on Kitsap County regulations, and City staff engaged in due diligence regarding those recommendations and the related Kitsap County regulations, but that work was ongoing at the Page 4 of 7 time the interim control was scheduled to expire, so an extension was necessary to allow time to complete that work; and WHEREAS, on April 27, 2021, following a public hearing, the City Council adopted Ordinance No. 2021-14, further extending the interim control until November 14, 2021; and WHEREAS, the City has continued to be engaged in research and analysis related to the recommendations made by the Planning Commission via proposed Ordinance No. 2021-05, and that work has taken longer than expected based on several factors, including that City staff have been working to reconcile differences between what the Planning Commission is recommending and what is being recommended by an expert legal consultant the City engaged with to assist in the drafting of the regulations at issue, and City staff are working to provide to the City Council the most up-to-date information and analysis related to legal requirements pertaining to those recommendations, as well as in the context of the experience of Kitsap County in interpreting and implementing similar regulations, and that work is not yet complete; and WHEREAS, an extension of the interim regulations is necessary to allow more time for City staff to work with the City Council to complete the work plan related to the interim regulations, including the research, analysis, and outreach above described; and WHEREAS, on October 12, 2021, the City Council set a public hearing on this Ordinance No. 2021-29 for the October 26, 2021 Council meeting to extend the interim official control adopted by Ordinance No. 2019-15, and extended by Ordinance Nos. 2019-31, 2020-11, 2020-22, and 2021-14, for an additional six months; and WHEREAS, on October 26, 2021, the City Council held a public hearing on this Ordinance No. 2021-29; and WHEREAS, the City is authorized by state law, including RCW 36.70A.390, to adopt interim official control ordinances due to a public emergency for the protection of the public peace, safety, or health while permanent regulations are developed, considered, and processed through the City’s standard legislative procedures; and WHEREAS, the City Council finds that the adoption of the interim official control adopted by Ordinance No. 2019-15 allowed the City to put in place standards to come into compliance with the FCC Order, while providing a meaningful opportunity for Bainbridge Island residents to provide input regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by use of an interim official control ordinance; and WHEREAS, the City Council finds that an additional six-month extension of the interim official control adopted by Ordinance No. 2019-15 is necessary to allow City staff and the Council time to further develop, consider, and process permanent regulations to replace the interim official control and to solicit additional public comment from residents regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by an extension of the interim official control; and Page 5 of 7 WHEREAS, the interim official control promotes the public good and is necessary for the protection of public health, property, safety, and welfare, and the public emergency on which the interim official control was imposed continues to exist and this ordinance does not change the basis for the declaration of emergency nor the effective date of the interim official control, which is May 14, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to extend the interim official control adopted by Ordinance No. 2019-15 for an additional six-month period, unless terminated earlier by the City Council, and to adopt an updated work plan for the adoption of permanent regulations. Section 2. Findings of Fact. The recitals set forth above are hereby adopted as additional and supplemental findings of fact to the City Council’s initial findings of fact in support of the interim official control, as initially established by Ordinance No. 2019-15, and as updated in related Ordinance Nos. 2019-31, 2020-11, 2020-22, and 2021-14. Section 3. Duration of Interim Official Control Extended. The interim official control is hereby amended, as also stated in Section 6 below, to extend the duration of the interim official control until May 14, 2022, six months beyond the current expiration date set by Ordinance No. 2021-14 which, without this extension, would be November 14, 2021. Section 4. Interim Official Control Work Plan and Hearing. As provided for under RCW 35A.63.220 and RCW 36.70A.390, the City Council may at its sole discretion renew an interim official control for one or more six-month periods if a work plan has been developed, a public hearing has been held, and findings of fact have been made. The City Council is hereby extending the interim official control as described herein based on the work plan that has been developed and is attached and incorporated herein as Exhibit A to this ordinance, the public hearing that was held related to this ordinance, and the findings of fact related to this interim official control that have been made in this ordinance, Ordinance No. 2021-29, as well as in related Ordinance Nos. 2021-14, 2020-22, 2020-11, 2019-31, and 2019-15. Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 6. No Change to Basis for Declaration of Emergency or Effective Date; Extension of Duration. This ordinance shall take effect and be in force five days from and after its passage and publication as required by law. Provided, that this ordinance is not intended to change the basis of the emergency declaration stated in Ordinance No. 2019-15, which preceded this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995), non-exhaustive underlying facts necessary to support this emergency declaration were Page 6 of 7 included in the “Whereas” clauses in Ordinance Nos. 2019-15, 2019-31, 2020-11, 2020-22, and 2021-14, as well as in this Ordinance No. 2021-29, and those “Whereas” clauses are adopted as findings of fact. This ordinance amending the interim official control shall extend the duration of the interim official control for an additional six-month period, until May 14, 2022, unless terminated earlier by the City Council. This ordinance does not change the effective date of the interim official control, which is May 14, 2019. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. PASSED by the City Council this 26th day of October, 2021. APPROVED by the Mayor this 26th day of October, 2021. Rasham Nassar, Mayor ATTEST/AUTHENTICATE: Christine Brown, CMC, City Clerk FILED WITH THE CITY CLERK: October 8, 2021 PASSED BY THE CITY COUNCIL: October 26, 2021 PUBLISHED: October 29, 2021 EFFECTIVE DATE: November 3, 2021 ORDINANCE NUMBER: 2021-29 Attachment: Exhibit A Page 7 of 7 EXHIBIT A UPDATED WORK PLAN FOR PERMANENT REGULATIONS GOVERNING THE DEPLOYMENT OF SMALL WIRELESS FACILITIES (October 26, 2021) The City has developed and is proceeding based on the amended and updated work plan described below to adopt permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15. November 2021 through January 2022 • Complete the ongoing research and analysis related to the small wireless facility regulations being implemented by Kitsap County, and potentially other jurisdictions, as those regulations relate to the recommendations made by the Planning Commission and what is required by state and federal law. January through March 2022 • Consideration by the City Council of the proposed permanent regulations, which are set forth in proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04). • If significant changes are recommended to proposed Ordinance No. 2021-05, the City Council may set a second public hearing on that ordinance to receive additional public comment. • Consideration by the City Council of adoption of proposed Ordinance No. 2021-05. Page 1 of 7 ORDINANCE NO. 2021-14 AN ORDINANCE of the City of Bainbridge Island, Washington, concerning wireless communication facilities; leaving the effective date of the interim official control adopted by Ordinance No. 2019-15 unchanged; adopting an updated work plan; and extending the duration of the interim official control adopted by Ordinance No. 2019-15, and previously extended by Ordinance Nos. 2019-31, 2020-11, and 2020-22, for an additional six-month period to November 14, 2021. WHEREAS, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling, Order, and Regulation (“FCC Order”), which imposed limitations on local municipalities, including the City of Bainbridge Island (“City”), regarding processing and review of all permits associated with the deployment of small wireless facilities; and WHEREAS, the City Council found that the existence of the federal regulations required the immediate enactment of administrative procedures and processes which comply with the FCC Order; and WHEREAS, on May 14, 2019, in response to the FCC Order, the City Council approved Ordinance No. 2019-15, adopting an interim official control that created a new Chapter 18.10A, establishing interim small wireless facility design standards, amended Table 18.09.020, BIMC 18.09.030, and BIMC 18.10.010, and repealed and replaced Chapter 18.11 BIMC; and WHEREAS, the interim official control adopted by Ordinance No. 2019-15 was established for a six (6) month period, which the City Council found to be necessary for the immediate preservation of the public peace, health, and safety; and WHEREAS, contemporaneous with the consideration of Ordinance No. 2019-15, the City Council enacted amendments to its existing master permit code provisions, Chapter 19.02 BIMC, and adopted a new Chapter 19.10 BIMC in order to provide a clear permitting procedure for the deployment of small wireless facilities; and WHEREAS, on June 11, 2019, the City Council held a public hearing on Ordinance No. 2019-15 to receive public comment on the interim official control; and WHEREAS, the adoption of aesthetic standards for deployment of small wireless facilities and utilization of a concurrent process emphasizing administrative review enables compliance with the federal presumptively reasonable time limits for review of proposed deployments of small wireless facilities; and WHEREAS, the City was required to enact administrative procedures and process to comply with the new presumptive federal safe harbors on or before January 14, 2019; and Page 2 of 7 WHEREAS, separately, federal law and regulation sets time limits on the processing of applications for eligible facility requests to expand existing structures which do not substantially change the height or profile of the structures used to collocate wireless communications facilities, and which regulations will replace Chapter 18.11 BIMC; and WHEREAS, on August 13, 2019, the City Council directed the Planning Commission to begin work on permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15; and WHEREAS, on September 12, 2019, the Planning Commission began consideration of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15; and WHEREAS, on October 8, 2019, the City Council set a public hearing on Ordinance No. 2019-31 for the October 22, 2019 Council Meeting to extend the interim official control adopted by Ordinance No. 2019-15 for six months; and WHEREAS, on October 22, 2019, the City Council held a public hearing on Ordinance No. 2019-31; and WHEREAS, on October 22, 2019, following the public hearing, the City Council adopted Ordinance No. 2019-31, extending the interim official control until May 14, 2020; and WHEREAS, the Planning Commission continued its discussion of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15 during its October 24, 2019, December 12, 2019, and January 23, 2020 meetings; and WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in response to cases of COVID-19 in Washington State; and WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency due to the COVID-19 public health emergency; and WHEREAS, on March 10, 2020, the City Council adopted Resolution No. 2020-06, affirming the Proclamation of Emergency issued by the City Manager; and WHEREAS, the COVID-19 public health emergency has had and continues to have significant impact on City operations; and WHEREAS, due to the COVID-19 public health emergency, the City Council found that an additional six-month extension of the interim official control adopted by Ordinance No. 2019- 15 would be necessary given that the emergency posed by the spread of COVID-19 forced the cancellation of meetings of both the City Council and the Planning Commission; and WHEREAS, on April 14, 2020, the City Council set a public hearing on Ordinance No. 2020-11 for the April 28, 2020 Council Meeting to extend the interim official control adopted by Page 3 of 7 Ordinance No. 2019-15, and initially extended by Ordinance No. 2019-31, for an additional six months; and WHEREAS, on April 28, 2020, the City Council held a public hearing on Ordinance No. 2020-11; and WHEREAS, on April 28, 2020, following the public hearing, the City Council adopted Ordinance No. 2020-11, extending the interim official control until November 14, 2020; and WHEREAS, the Planning Commission continued its discussion of permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15 during its May 28, 2020, June 11, 2020, June 25, 2020, July 23, 2020, and August 13, 2020 meetings; and WHEREAS, on August 13, 2020, the Planning Commission held a public hearing on Ordinance No. 2020-04, an ordinance containing permanent small wireless facility design standards; and WHEREAS, on August 13, 2020, following the close of the public hearing, the Planning Commission forwarded Ordinance No. 2020-04 for City Council consideration with a recommendation proposing several additional changes; and WHEREAS, relatedly, on August 12, 2020, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit entered a decision on five consolidated cases challenging the FCC Order preempting many aspects of local government regulation of small wireless facilities; and WHEREAS, based on that court decision, the City needed additional time to analyze the potential impacts of the Ninth Circuit’s decision as relates to the Planning Commission’s recommendation and proposed Ordinance No. 2020-04; and WHEREAS, on October 27, 2020, following a public hearing, the City Council adopted Ordinance No. 2020-22, further extending the interim control until May 14, 2021; and WHEREAS, as part of that ordinance, the City Council found that an additional six- month extension of the interim control adopted by Ordinance No. 2019-15 was necessary to allow the Council time to develop, vet, and process permanent regulations to replace the interim control and to solicit additional public comment from residents regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by an extension of the interim control; and WHEREAS, over the past several months, the City has been engaged in additional research and analysis related to the recommendations made by the Planning Commission via proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04); and WHEREAS, in relevant part, the Planning Commission made recommendations that are based on regulations in place in Kitsap County, and City staff is conducting due diligence regarding those recommendations and the related Kitsap County regulations, and that due Page 4 of 7 diligence is not yet complete so an extension of the interim control is necessary to allow time to complete that work; and WHEREAS, an extension of the interim regulations is necessary so that City staff can work with the City Council on completing the work plan related to the interim regulations, including related to what is being recommended by the Planning Commission; and WHEREAS, on April 13, 2021, the City Council set a public hearing on this Ordinance No. 2021-14 for the April 27, 2021 Council meeting to extend the interim official control adopted by Ordinance No. 2019-15, and extended by Ordinance Nos. 2019-31, 2020-11, and 2020-22, for an additional six months; and WHEREAS, on April 27, 2021, the City Council held a public hearing on this Ordinance No. 2021-14; and WHEREAS, the City is authorized by state law, including RCW 36.70A.390, to expeditiously adopt interim official control ordinances due to a public emergency for the protection of the public peace, safety, or health while permanent regulations are developed, vetted, and processed through the City’s standard legislative procedures; and WHEREAS, the City Council finds that the adoption of the interim official control adopted by Ordinance No. 2019-15 allowed the City to put in place standards to come into compliance with the FCC Order, while providing a meaningful opportunity for Bainbridge Island residents to provide input regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by use of an interim official control ordinance; and WHEREAS, the City Council finds that an additional six-month extension of the interim official control adopted by Ordinance No. 2019-15 is necessary to allow the Council time to further develop, vet, and process permanent regulations to replace the interim official control and to solicit additional public comment from residents regarding design, concealment, and other aesthetic standards within the longer timeframe permitted by an extension of the interim official control; and WHEREAS, the interim official control promotes the public good and is necessary for the protection of public health, property, safety, and welfare, and the public emergency on which the interim official control was imposed continues to exist and this ordinance does not change the basis for the that declaration of emergency nor the effective date of the interim official control, which is May 14, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to extend the interim official control adopted by Ordinance No. 2019-15 for an additional six-month period, unless terminated earlier by the City Council, and to adopt an updated work plan for the adoption of permanent regulations. Page 5 of 7 Section 2. Findings of Fact. The recitals set forth above are hereby adopted as additional and supplemental findings of fact to the City Council’s initial findings of fact in support of the interim official control, as initially established by Ordinance No. 2019-15. Section 3. Duration of Interim Official Control Extended. The interim official control is hereby amended, as also stated in Section 6 below, to extend the duration of the interim official control until November 14, 2021, six months beyond the current expiration date set by Ordinance No. 2020-22 which, without this extension, would be May 14, 2021. Section 4. Interim Official Control Work Plan and Hearing. As provided for under RCW 35A.63.220 and RCW 36.70A.390, the City Council may at its sole discretion renew an interim official control for one or more six-month periods if a work plan has been developed, a public hearing has been held, and findings of fact have been made. The City Council is hereby extending the interim official control as described herein based on the work plan that has been developed and is attached and incorporated herein as Exhibit A to this ordinance, the public hearing that was held related to this ordinance, and the findings of fact related to this interim official control that have been made in this ordinance, Ordinance No. 2021-14, as well as in related Ordinance Nos. 2020-22, 2020-11, 2019-31, and 2019-15. Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 6. No Change to Basis for Declaration of Emergency or Effective Date; Extension of Duration. This ordinance shall take effect and be in force five days from and after its passage and publication as required by law. Provided, that this ordinance is not intended to change the basis of the emergency declaration stated in Ordinance No. 2019-15, which preceded this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 1995), non-exhaustive underlying facts necessary to support this emergency declaration were included in the “Whereas” clauses in Ordinance Nos. 2019-15, 2019-31, 2020-11, and 2020-22, as well as in this Ordinance No. 2021-14, and those “Whereas” clauses are adopted as findings of fact. This ordinance amending the interim official control shall extend the duration of the interim official control for an additional six-month period, until November 14, 2021, unless terminated earlier by the City Council. This ordinance does not change the effective date of the interim official control, which is May 14, 2019. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. Page 6 of 7 PASSED by the City Council this 27th day of April, 2021. APPROVED by the Mayor this 27th day of April, 2021. ATTEST/AUTHENTICATE: FILED WITH THE CITY CLERK: April 9, 2021 PASSED BY THE CITY COUNCIL: April 27, 2021 PUBLISHED: April 30, 2021 EFFECTIVE DATE: May 5, 2021 ORDINANCE NUMBER: 2021-14 Attachment: Exhibit A Page 7 of 7 EXHIBIT A WORK PLAN FOR PERMANENT REGULATIONS GOVERNING THE DEPLOYMENT OF SMALL WIRELESS FACILITIES April 27, 2021) The City has developed and is proceeding based on the amended and updated work plan described below to adopt permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15. May 2021 through June 2021 Continue gathering information and conducting due diligence related to the small wireless facility regulations being implemented by Kitsap County, and potentially other jurisdictions, as those regulations relate to the recommendations made by the Planning Commission and what is required by state and federal law. July through August 2021 Consideration by the City Council of any revisions made to the proposed ordinance that will implement the proposed permanent regulations, which are stated in proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04). If significant changes were made to Ordinance No. 2021-05, the City Council may set a second public hearing on that ordinance to receive additional public comment. Consideration by the City Council of adoption of Ordinance No. 2021-05.