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