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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Concerning Cell Towers, and Amending Section 9.9750 of the Eugene Code, 1971 Meeting Dates: December 8, 2004 Agenda Item Number: A Department: Planning and Development Staff Contact: Susan Muir and Jerome Lidz www. ci. eugette, or. us Contact Telephone Number: 682-5208 or 682-5080 ISSUE STATEMENT On December 6, 2004, the council will hold a public hearing on proposed amendments to EC 9.5750, regulating the siting of cell towers. Action on this item is scheduled for December 8, 2004. BACKGROUND Please refer to the Agenda Item Summary and draft ordinance prepared for the November 22, 2004, City Council public hearing. That public hearing was opened on November 22 and continued to a date certain, December 6, 2004. This Agenda Item Summary was written prior to the public hearing and does not address any testimony that may be submitted after the distribution of the original council packet. As reported in the original Agenda Item Summary, 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. 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. If a provider challenged the proposed setbacks in court, as at least one provider has threatened, the cost of defense would include not only the attorneys' time but also retaining expert engineers to consult and testify on the effect of setbacks on providers' ability to provide service. The litigation would also require extensive legal research and briefing to the court, because there are many recent cases involving regulation of cell tower siting, but the law is not yet well settled. The City Attorney's rough estimate of the cost of defending the setbacks is $100,000. A separate legal challenge to a prohibition on interference with emergency communications would be less expensive to defend, but the risk of an adverse result would be greater. 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\M041208\S041208A. wpd