Item 3 - PH/Ord. on Cell Towers - Laserfiche WebLink

Home Browse Search

standard, for providers to rely on as they plan the build-out of their systems, and for staff to administer. The City Attorney consulted with a telecommunications law expert on the feasibility of adopting fixed setbacks of less distance but was advised that the setbacks compatible with ability to provide service will vary with topography and the types and volume of services to be provided. 2. Codifying requirement that applicant pay for expert consultant's analysis. EC 9.5750(11) currently authorizes City staff to require an applicant for a telecommunications facility permit to pay for the City to retain consultants to verify the applicant's statements to the extent telecommunications expertise is needed to evaluate those statements. The proposed amendment simply makes that mandatory, which is in accordance with staff' s recent practice. 3. Interference with emergency communications. A new subsection (1) in EC 9.5750(7) would implement the council's motion on this subject. Wireless companies have challenged similar provisions in other cities' ordinances on grounds that federal law gives the Federal Communications Commission exclusive authority to regulate radio frequencies. The City Attorney advises that the vast majority of court decisions, as well as several decisions from the FCC, have agreed with those challenges and have voided local governments' attempts to regulate any aspect of radio frequency interference. The Planning Commission considered the proposed amendments at a work session on October 11, 2004, and again at a public hearing and work session on November 8, 2004. The Planning Commission watched the tape of the council item that directed these proposed amendments, considered maps prepared to show the area that would be regulated by the new setbacks, heard testimony by the public and service providers and thoroughly reviewed the staff recommendation. Given the much prescribed assignment, the council may be not be interested in following the Planning Commission recommendation. The Planning Commission deliberated and discussed how to proceed given the strict direction coupled with the testimony received and thought broadly about recommending measures to promote the public interest, health, safety, comfort, convenience and welfare of the city. Thus, the Planning Commission voted unanimously to recommend that the council adopt the amendment to require applicants to cover the City's cost of hiring consultants to assist with review of the application (Item #2 above). The Planning Commission also voted unanimously to recommend the council add, with full funding, a high priority work program item to the Planning Division work program to thoroughly review Section 9.5750 of the Eugene Code regarding cell tower siting provisions and criteria which included, but were not limited to, aesthetics, effect on property values, appropriate setbacks, upcoming technology, stealth design, co-location on school property and clear and certain language in the code. RELATED CITY POLICIES SUSTAINABLE COMMUNITY DEVELOPMENT - A community that retains a high quality of life and a healthy economy, effectively links land use and transportation planning, and successfully manages growth and change in the urban environment L:\CMO\2004 Council Agendas\M041122\S0411223.doc