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Item 3 - PH/Ord. on Cell Towers
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Item 3 - PH/Ord. on Cell Towers
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6/9/2010 12:42:10 PM
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11/17/2004 12:20:16 PM
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Agenda Item Summary
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11/22/2004
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AGENDA ITEM SUMMARY <br /> <br /> 'October 11, 2004 <br /> <br />To: Eugene Planning CommiSsion <br /> <br />From: Eugene Planning Division; City Attorney's Office <br /> <br />Re: Amendments to Cell Tower Siting Ordinance <br /> <br />Action Requested: To make a recommendation to the City Council regarding proposed <br /> amendments to EC 9.5750 (Telecommunications Devices - Siting <br /> Requirements and Procedures) <br /> <br />Brief Su~mmary of Agenda Item: <br /> <br />At a work session on April 14, 2004, the City Council adopted a motion to initiate amendments <br />to EC 9.5750 to (1) extend setbacks for new cell towers to 1000 feet from the nearest school and <br />'800 feet from the nearest residences; (2) codify the requirement for independent consultant <br />review and verification; and (3) codify zero tolerance for interference with public Safety <br />communications. <br /> <br />Background: <br /> <br />The current version of EC 9.5750 is substantively the same as Council adopted in Ordinance <br />20078 in 1997, shortly after'Congress adopted the Federal Telecommunications Act in 1996. <br />The ordinance responded to an increasing number of requests to construct cell towers and related <br />facilities that accompanied the rapid growth of cellular phone service. <br /> <br /> Federal law places substantial restrictions on cities' ability to regulate siting of <br /> telecommunications facilities, but in many cases the extent of those restrictions is not well <br /> settled. It is clear, however, that cities may not adopt regulations that either' "Prohibit or have <br /> the effect of prohibiting theprovision of personal wireless services." The potential impacts of <br /> federal law on the proposed ordinance are discussed in more detail below. <br /> <br /> The Council is scheduled to hold a pubic hearing on the proposed amendments on November'22, <br /> 2004. <br /> <br /> Code Amendment Approval Criteria <br /> <br /> The proposed changes are a City-initiated Type V application. If CoUncil chooses to adopt the <br /> amendments, it must find that the amendments are consistent with (a) applicable statewide <br /> planning goals and (b) applicable provisions of the Metro Plan and applicable provisions, if any, <br /> of adopted refinement plans. <br /> <br /> IV-1 <br /> <br /> <br />
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