Permit CITY OF TIGARD BUILDING PERMIT
III it COMMUNITY DEVELOPMENT Permit#: BUP2021-00256
TIGARD 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2439 Date Issued: 11/10/2021
Parcel: 2S 102BD02600
Jurisdiction: Tigard
Site address: 12925 SW PACIFIC HWY
Project: AT&T Subdivision: NORTH TIGARDVILLE ADDITION Lot: 37
Project Description: Equipment upgrade on existing commercial cell tower.There is no proposed change in tower height or
compound size.
Contractor: ERICSSON INC Owner: KIM, PENNEY
6300 LEGACY DR 395 NW SILVERADO DR
PLANO,TX 45024 BEAVERTON,OR 97006
PHONE: 972-583-0000 PHONE:
FAX:
Specifics: FEES
Description Date Amount
Type of Use: COM
Class of Work: ALT T DC Provision Review,COM TI-Ping 11/08/2021 $110.00
ype of Const: VB
Occupancy Grp: U Occupancy Load: 0 Info Process/Archiving-Sm$0.50(up to 11/08/2021 $39.00
Dwelling Units: 0 11x17)
Permit Fee-Additions,Alterations, 11/08/2021 $377.90
Stories: 0 Height: 0 ft Demolition
Bedrooms: 0 Bathrooms: 0 12%State Surcharge-Building 11/08/2021 $45.35
Value: $20,000 Plan Review 10/28/2021 $245.64
Floor Areas:
Total Area: 0
Accessory Struct: 0
Basement: 0
Carport: 0
Covered Porch: 0
Deck: 0
Garage: 0
Mezzanine: 0
Total $817.89
Required: Required Items and Reports(Conditions)
1 Special Inspection(see plans)
Fire Sprinkler: Parapet:
Fire Alarm: Protected Corridors:
Smoke Detectors: Manual Pull Stations:
Accessible Parking: 0
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and all other applicable law. All work
will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more
the 180 days. ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR
952-001-0010 through OAR 952-001-0090 You may obtain a copy of the rules or direct questions to OUNC by calling 503.232.1987 or 1.800.332.2344.
Issued By: '.ro{,(,y VaK Dew 1nlege, Permittee Signature: Ott,A,,,.,1.z y,
Call 503.639.4175 by 7:00 a.m.for the next available inspection date.
This permit card shall be kept in a conspicuous place on the job site until completion of the project.
Approved plans are required on the job site at the time of each inspection.
ATC 82805 - AT&T Upgrade
Building Permit Application _ lot'2c't
Commercial RECEIVED FOR OFFICE USE ONLY
City of Tigard Received A/Date/By: � ��2! �� Permit No.: ia02021 D CV 111 x 13125 SW Hall Blvd.,Tigard,OR 97223 0 C T 2 0 2021 Plan Review d
i Phone: 503-718-2439 Fax: 503-598-1960 Date/By: i i ' O '.2,1 Related Permit:
T 1 GARD Inspection Line: 503-639-4175 CITY OF TI la�A D Da a Ready/By: 1 /'1 HI See Page 2 for
- Internet: www.tigard-or.gov BUILDING ow no otified/Method: ) (-�• Supplemental Information
TYPE OF WORK REQUIRED DATA:1-AND 2-FAMILY DWELLING
❑New construction ❑Demolition Permit fees*are based on the value of the work performed.
Indicate the value(rounded to the nearest dollar)of all
❑Addition/alteration/replacement ®Other:Cell tower equipment upgrade equipment,materials,labor,overhead,and the profit for the
CATEGORY OF CONSTRUCTION work indicated on this application.
❑ 1-and 2-family dwelling ®Commercial/industrial Valuation: $
0 Accessory building 0 Multi-family Number of bedrooms:
ElMaster builder E Other: Number of bathrooms:
JOB SITE INFORMATION AND LOCATION Total number of floors:
Job site address: 12925 SW Pacific Hwy. New dwelling area: square feet
City/State/ZIP: Tigard,OR 97223-5015 Garage/carport area: square feet
Suite/bldg./apt.#: Project name: ATC 82805-AT&T Upgrade Covered porch area: square feet
Cross street/directions to job site: See sheet G-001 Title Sheet of Construction Drawings Deck area: square feet
Other structure area: square feet
REQUIRED DATA:COMMERCIAL-USE CHECKLIST
Subdivision:NORTH TIGARDVILLE ADDITION Lot#: PT 37 Permit fees*are based on the value of the work performed.
Tax map/parcel#: 2S102BD02600 Indicate the value(rounded to the nearest dollar)of all
equipment,materials,labor,overhead,and the profit for the
DESCRIPTION OF WORK work indicated on this application.
ATC 82805-AT&T equipment upgrade on an existing commercial cell tower.There is no Valuation: $20,000
proposed change in tower height or compound size. Existing building area: N/A square feet
New building area: N/A square feet
Cl PROPERTY OWNER ❑ TENANT Number of stories: N/A
Name: American Tower Type of construction: II-B
Address: 10 Presidential Way Occupancy groups:
City/State/ZIP: Woburn,MA 01801 Existing: U
Phone:(205 )545-5908 Fax:( ) New: N/A
0 APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES*
(Please refer to fee schedule)
Business name:Crafton Communications-Agent for American Tower
i5
Structural plan review fee(or deposit): aiti
Contact name: Kaitlin Butler
FL-S plan review fee(if applicable):
Address: 2918 Clairmont Ave.S.
Total fees due upon application:
City/State/ZIP: Birmingham,AL 35205
Amount received:
Phone:(205 ) 545-5908 Fax: :( )
E-mail: kbutler c craftongroup.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES*
Commercial and residential prescriptive installation of
CONTRACTOR roof-top mounted PhotoVoltaic Solar Panel System.
Business name: ?BJ)�,( p.,�,-,,, E. r;L$J \ .�` Submit two(2)sets of roof plan with connection details
�'''��l''YY and fire department access,along with the 2010 Oregon
Address: (v `_tAal _ Dr.. Solar Installation Specialty Code checklist.
City/State/ZIP: ^pl ADD �J L1T 0 Z Permit fee(includes plan review
T I and administrative fees): $180.00
Phone:( ) Fax:( )
State surcharge(12%of permit fee): $21.60
CCB Lie.: WK. 2,,,oq 3 iim Total fee due upon application: $201.60
Authorized signature:geptraPez_..„, This permit application expires if a permit is not obtained
within 180 days after it has been accepted as complete.
Print name:Kaitlin Butler Date: 10/15/2021 * Fee methodology set by Tri-County Building Industry
Service Board.
I:\Building\Permits\BUP COM_PermitApp.doc Rev.04/21/2014 440-4613T(I1/02/COM/WEB)
City of Tigard
:1110 COMMUNITY DEVELOPMENT DEPARTMENT
■
T 1 c R o Building Permit Review — Commercial - No Land Use
•
Building Permit #: f502O2( 25�
Site Address: j ZS Sw PcLjW y Suite/Bldg#:
Project Name: 0-1/1"te ri'c-ci,ri..
(Name of commercial business occupying the space. If vacant,enter Spec Space.)
Planning Review
Proposal: A-T L 1 )O tp(M.2(/I �- 'p dZ ,k 4Vt. C.e.,Il
4-0c v.tr;in-0 f f 4 c 'u't- /��'(P of ec,oleo uv4d.fi -e
Existing Business Activity: C{
Proposed Business Activity:
Verify site address/suite# exists and active in permit system.
❑ River Terrace Neighborhood: ❑ Yes ,HJ7No
Zoning: ' &
Permitted Use: AC Yes ❑ No ❑ Spec Space
Confirm no land use required.
Business License:
Exists: Yes ❑ No,applicant was provided a business license application
Notes:
Approved by Planning: )�'��V" 1, Date: Le/..,. /ZO u
Revisions (after Building Submittal only) Reviewer Date
Revision 1: ❑ Approved ❑ Not Approved
Revision 2: ❑ Approved ❑ Not Approved
Revision 3: ❑ Approved ❑ Not Approved
Building Permit Submittal
Original Submittal Date: /O,70 70.2j
Site Plans: # �a
Building Plans: #
Building Permit#: [VEnter building permit#above.
Workflow Routing: CB/Planning CI [Permit Coordinator 'Building
Workflow Sign-off: L7/Sign-off for Planning(include notes from planning review)
Route Application Documents: ['Building: original permit application, site plans,building plans, engineer and
beam calculations and trust details,if applicable,etc.
Notes:
By Permit Technician: Date: /0/1-C��.20�!
I:\Building\Forms\BldgPennitRvw COM NoLandUse 111819.docx
Permit Coordinator Review
❑ Conditions "Met"prior to issuance of building permit
❑ Approved,NOT Released: I ate:
Notes:
Revisions (after Building Submittal only)
Revision Notice 1: Date Sent to Applicant:
Revision Notice 2: Date Sent to Applican •
Revision Notice 3: Date Sent to Ap. ant:
❑ SDC Fees Entered: Wash Co 'rans Dev Tax: ❑ Yes ❑ N/A
Tip Trans SDC: ❑ Yes ❑ N/A
'arks SDC: ❑ Yes ❑ N/A
❑ OK to Issue Perm'
Approved by Permit Coordinator: Date:
I:\Building\Forms\BldgPernutRvw_COM NoIandUse_111819.docx
,
RECEI\IF®
OCT 2 0 2011
oC RAFTON BUILDING DI�ISI®N
COMMUNICATIONS
October 15`h,2021
City of Tigard
Building Division
13125 SW Hall Blvd.
Tigard,OR 97223
VIA MAIL
RE: Request for Minor Modification to Existing Wireless Facility-Section 6409/47 CFR§1.6100("6409")
Site Address: 12925 SW Pacific Highway,Tigard,OR 97223-5015
Prior Case No.: CUP96-00009
AT&T Project No.: ATC 82805—AT&T PL77—Upgrade
Dear Building Official:
On behalf of New Cingular Wireless PCS, LLC ("AT&T") we are pleased to submit this request to modify AT&T's
existing wireless communication site at the location referenced above, as an Eligible Facilities Request for a minor
modification under Section 6409 and Federal Communications Commission ("FCC")rules. A copy of the 6409 rule is
enclosed for your information.
Scope of Work
AT&T proposes the following minor modifications to this site. (Please note:all work will be performed wholly within
the existing premises and utility easements;this site is free of any concealment elements;and the project otherwise
complies with the site's prior conditions of approval.)
Component Federal Section 6409 Limits AT&T's Proposed Modification
Increase height of tower 10%or 20 feet as measured No increase in height
from the top of the highest
existing antennas to the
bottom of the proposed new
antennas,whichever is greater
Antennas extending horizontally 20 feet or less Antennas extend less than 20 feet
from edge of tower horizontally from edge of tower
Additional equipment cabinets 4 or fewer(does not include No additional equipment cabinets
separately mounted radios
and other pieces of
equipment)
FCC Shot Clock for Section 6409 Minor Modifications
AT&T requests approval of the following applications,as well as any other authorizations necessary,for its proposed
minor modification under Section 6409:
• Building Permit Application
The FCC requires that all authorizations related to 6409 applications be completed within 60 days after filing.
Sec 6409 Application Filing
Page 2
Based on a filing date of October 15th,2021,the projected shot-clock deadline for a decision is December 14th,2021.
Our goal is to work with you to obtain approval of this minor modification earlier than the deadline.We will respond
promptly to any requests for information you may have for our application. Please let us know how we can work
with you to expedite the approval process. We look forward to working with you on this important project,which
will significantly improve wireless telecommunication services in your community without requiring an additional
site. Should you have any questions or require additional information,please do not hesitate to contact me.
Sincerely,
A496613°C ---
Kaitlin Butler
Zoning and Permitting Specialist
Crafton Communications, Inc.
2918 Clairmont Avenue South
Birmingham,Alabama 35205
Office:(205)545-5908
kbutler@craftongroup.com
Enclosures: FCC Rule for Section 6409 Applications(47 CFR§1.6100);Application form(s); Plans and drawings
REC
OCT20 ?.0?l
CITY Ofi i l . pj
EIVED
BUILDING DI'IIS!ON
40,CA rrp J
Fe L I NOTICE
U9
Federal Communications Commission News Media Information 202/418-0500
445 12th St., S.W. Internet:http://www.fcc.gov
Washington, D.C. 20554 TTY:1-888-835-5322
WIRELESS TELECOMMUNICATIONS BUREAU OFFERS GUIDANCE ON
INTERPRETATION OF SECTION 6409(a)OF THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012
DA 12-2047
January 25,2013
On February 22,2012,the Middle Class Tax Relief and Job Creation Act of 2012(Tax Act)'became law.
Section 6409(a)of the Tax Act provides that a state or local government"may not deny,and shall
approve"any request for collocation,removal,or replacement of transmission equipment on an existing
wireless tower or base station,provided this action does not substantially change the physical dimensions
of the tower or base station' The full text of Section 6409(a)is reproduced in the Appendix to this Public
Notice.
To date,the Commission has not received any formal petition to interpret or apply the provisions of
Section 6409(a). We also are unaware of any judicial precedent interpreting or applying its terms. The
Wireless Telecommunications Bureau has,however,received informal inquiries from service providers,
facilities owners,and state and local governments seeking guidance as to how Section 6409(a)should be
applied. In order to assist interested parties,this Public Notice summarizes the Bureau's understanding of
Section 6409(a)in response to several of the most frequently asked questions.'
What does it mean to"substantially change the physical dimensions"of a tower or base station?
Section 6409(a)does not define what constitutes a"substantial[]change"in the dimensions of a tower or
base station. In a similar context,under the Nationwide Collocation Agreement with the Advisory
Council on Historic Preservation and the National Conference of State Historic Preservation Officers,the
Commission has applied a four-prong test to determine whether a collocation will effect a"substantial
increase in the size of[a]tower."4 A proposed collocation that does not involve a substantial increase in
Middle Class Tax Relief and Job Creation Act of 2012,Pub.L. 112-96,H.R.3630,126 Stat. 156(enacted Feb.22,
2012)(Tax Act).
2 Id.,§6409(a).
'Although we offer this interpretive guidance to assist parties in understanding their obligations under Section
6409(a),see,e.g., Truckers United for Safety v.Federal Highway Administration, 139 F.3d 934(D.C.Cir. 1998),the
Commission remains free to exercise its discretion to interpret Section 6409(a)either by exercising its rulemaking
authority or through adjudication. With two exceptions not relevant here,the Tax Act expressly grants the
Commission authority to"implement and enforce"this and other provisions of Title VI of that Act"as if this title is
a part of the Communications Act of 1934(47 U.S.C. 151 et seq.)." Tax Act§6003.
4 47 C.F.R.Part 1,App.B,Nationwide Programmatic Agreement for the Collocation of Wireless Antennas,§I.0
(Nationwide Collocation Agreement).
1
+' J
size is ordinarily excluded from the Commission's required historic preservation review under Section
106 of the National Historic Preservation Act(NHPA).5 The Commission later adopted the same
definition in the 2009 Declaratory Ruling to determine whether an application will be treated as a
collocation when applying Section 332(c)(7)of the Communications Act of 1934.6 The Commission has
also applied a similar definition to determine whether a modification of an existing registered tower
requires public notice for purposes of environmental review.'
Under Section I.0 of the Nationwide Collocation Agreement,a"substantial increase in the size of the
tower"occurs if:
1)[t]he mounting of the proposed antenna on the tower would increase the existing 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,except that
the mounting of the proposed antenna may exceed the size limits set forth in this paragraph
if necessary to avoid interference with existing antennas;or
2) [t]he mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved,not to exceed four,
or more than one new equipment shelter;or
3) [t]he mounting of the proposed antenna would involve 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, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to shelter the antenna from inclement weather or to
connect the antenna to the tower via cable;or
4) [t]he mounting of the proposed antenna would involve excavation outside the current
tower site,defined as the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site.
Although Congress did not adopt the Commission's terminology of"substantial increase in size"in
Section 6409(a),we believe that the policy reasons for excluding from Section 6409(a)collocations that
substantially change the physical dimensions of a structure are closely analogous to those that animated
the Commission in the Nationwide Collocation Agreement and subsequent proceedings. In light of the
Commission's prior findings,the Bureau believes it is appropriate to look to the existing definition of
"substantial increase in size"to determine whether the collocation,removal,or replacement of equipment
5 See 16 U.S.C.§470f see also 47 C.F.R.§ I.1307(a)(4) (requiring applicants to determine whether proposed
facilities may affect properties that are listed,or are eligible for listing,in the National Register of Historic Places).
6 See Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B)to Ensure Timely Siting Review
and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as
Requiring a Variance,WT Docket No.08-165,Declaratory Ruling,24 FCC Rcd. 13994, 14012,para.46&n.146
(2009)(2009 Declaratory Ruling),recon.denied,25 FCC Rcd.11157(2010),pet.for review denied sub nom. City
of Arlington, Texas v. FCC,668 F.3d 229(5th Cir.),cert.granted, 113 S.Ct.524(2012);47 U.S.C.§332(c)(7).
}
' See 47 C.F.R. § 17.4(c)(1)(B);National Environmental Policy Act Compliance for Proposed Tower Registrations,
WT Docket No.08-61,Order on Remand,26 FCC Rcd. 16700,16720-21,para.53(2011).
2
2
3
on a wireless tower or base station substantially changes the physical dimensions of the underlying
structure within the meaning of Section 6409(a).
What is a"wireless tower or base station"?
A"tower"is defined in the Nationwide Collocation Agreement as"any structure built for the sole or
primary purpose of supporting FCC-licensed antennas and their associated facilities."'The Commission
has described a"base station"as consisting of"radio transceivers,antennas,coaxial cable,a regular and
backup power supply,and other associated electronics."9 Section 6409(a)applies to the collocation,
removal,or replacement of equipment on a wireless tower or base station. In this context,we believe it is
reasonable to interpret a"base station"to include a structure that currently supports or houses an antenna,
transceiver,or other associated equipment that constitutes part of a base station.10 Moreover,given the
absence of any limiting statutory language,we believe a"base station"encompasses such equipment in
any technological configuration,including distributed antenna systems and small cells.
Section 6409(a)by its terms applies to any"wireless"tower or base station. By contrast,the scope of
Section 332(c)(7)extends only to facilities used for"personal wireless services"as defined in that
section.' Given Congress's decision not to use the pre-existing definition from another statutory
provision relating to wireless siting,we believe the scope of a"wireless"tower or base station under
Section 6409(a)is not intended to be limited to facilities that support"personal wireless services"under
Section 332(c)(7).
May a state or local government require an application for an action covered under Section
6409(a)?
Section 6409(a)states that a state or local government"may not deny,and shall approve,any eligible
facilities request...." It does not say that a state or local government may not require an application to be
filed. The provision that a state or local government must approve and may not deny a request to take a
covered action,in the Bureau's view,implies that the relevant government entity may require the filing of
an application for administrative approval.
8 See Nationwide Collocation Agreement, § I.B.
9 See Implementation of Section 6002(b)of the Omnibus Budget Reconciliation Act of 1993,WT Docket No. 10-
133,Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless,Including
Commercial Mobile Services,Fifteenth Report,26 FCC Rcd.9664,9481,para.308(2011).
10 See also 47 C.F.R.Part 1,App.C,Nationwide Programmatic Agreement Regarding the Section 106 National
Historic Preservation Act Review Process,§II.A.14(defining"tower"to include"the on-site fencing,equipment,
switches,wiring,cabling,power sources,shelters,or cabinets associated with that Tower but not installed as part of
an Antenna as defined herein").
I'47 U.S.C.§332(c)(7)(A). "Personal wireless services"is in turn defined to mean"commercial mobile services,
unlicensed wireless services,and common carrier wireless exchange access services." Id. §332(c)(7)(C)(1).
3
3
Is there a time limit within which an application must be approved?
Section 6409(a)does not specify any period of time for approving an application. However,the statute
clearly contemplates an administrative process that invariably ends in approval of a covered application.
We believe the time period for processing these applications should be commensurate with the nature of
the review.
In the 2009 Declaratory Ruling,the Commission found that 90 days is a presumptively reasonable period
of time to process collocation applications.12 In light of the requirement of Section 6409(a)that the
reviewing authority"may not deny,and shall approve"a covered request,we believe that 90 days should
be the maximum presumptively reasonable period of time for reviewing such applications,whether for
"personal wireless services"or other wireless facilities.
Wireless Telecommunications Bureau contact: Maria Kirby at(202)418-1476 or by email:
Maria.Kirby@fcc.gov.
-FCC-
For more news and information about the Federal Communications Commission
please visit:www.fcc.gov
12 See 2009 Declaratory Ruling,24 FCC Rcd.at 14012-13,paras.46-47.
4
4
APPENDIX
SEC.6409.WIRELESS FACILITIES DEPLOYMENT.
(a)FACILITY MODIFICATIONS.
(1)IN GENERAL.Notwithstanding section 704 of the Telecommunications Act of 1996(Public Law
104-104)or any other provision of law,a State or local government may not deny,and shall approve,any
eligible facilities request for a modification of an existing wireless tower or base station that does not
substantially change the physical dimensions of such tower or base station.
(2)ELIGIBLE FACILITIES REQUEST.For purposes of this subsection,the term"eligible facilities
request"means any request for modification of an existing wireless tower or base station that involves—
(A)collocation of new transmission equipment;
(B)removal of transmission equipment;or
(C)replacement of transmission equipment.
(3)APPLICABILITY OF ENVIRONMENTAL LAWS.Nothing in paragraph(1)shall be construed to
relieve the Commission from the requirements of f the National Historic Preservation Act or the National
Environmental Policy Act of 1969.
5
5
RECEIVE®
OCT 2 0 1?1
CITY L)r
co. C IRJ&FTJ N BUILDING DIVISION
COMMUNICATIONS
October 15, 2021
City of Tigard
Building Division
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Commercial Plan Review and Permitting: ATC 82805 —AT&T Upgrade
Site Address: 12925 SW Pacific Highway, Tigard, OR 97223-5015
AT&T Mobility is making application for a Building Permit to modify an existing wireless
telecommunications facility at the address above.
Enclosed are the following items for your review:
• Building Permit Application
• Eligible Facilities Request
• FCC Interpretation of Section 6409(a)
• Engineer's Structural Analysis Report
• Three (3) copies of the Construction Drawings
Please call for check issuance or credit card payment of any review or permitting fees. If
you need any further information, please let me know.
Thank you,5Ca ( ,,p
• �JJu
Kaitlin Butler
Crafton Communications
205-545-5908 office
kbutler@craftongroup.com
•
2918 Clairmont Avenue South, Birmingham, AL 35205 Phone: 205-682-7525/Fax: 205-682-7501
Birmingham/Dallas/Huntsville
www.CraftonGroup.com