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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 Summary 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 at, er'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 the.provision 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 Co) applicable provisions of the Metro Plan and applicable provisions, if any, <br />of adopted refinement plans. <br /> <br /> IV-1 <br /> <br /> <br />