(for a total 75-foot pole height) is the minimum necessary to achieve AT&T’s 4G LTE coverage <br />objectives. <br />The proposed monopole is designed to look like an evergreen treea monopine. AT&T chose <br />this stealth design as the best option for integration with the natural landscapeof this primarily <br />residential area, which is already surrounded by tall evergreen trees. This design will have the <br />least intrusive visual impact. <br />This proposed project would allow AT&T to provide high band 4GLTEcoverage where there is <br />currently a significant 4G LTE coverage gap, and allow for uninterrupted wireless service with <br />fewer dropped calls, improved call quality, and improved access to additional wireless services <br />that the public now demands. This includes emergency 911 calls throughout the area. <br />5. Applicable Law <br />Federal, state and local laws will apply to this application. <br />Under the Telecommunications Act, the City of Eugene is prohibited from considering the <br />environmental effects (including health effects) of the proposed site if the site will operate in <br />compliance with federal regulations. 47 U.S.C. Section 332(c)(7)(B)(iv). AT&T has included with <br />this application a report titled Non-Ionizing Electromagnetic Exposure Analysis prepared by <br />Hatfield & Dawson as Attachment 06 that demonstrates the proposed facility will operate in <br />accordance with the Federal Communications Commission’s (FCC) RF Emissions regulations. <br />Therefore, this issue is preempted under federal law and any testimony or documents <br />introduced relating to the environment or health effects of the proposed site should be <br />disregarded in this proceeding. <br />Additionally, the Telecommunications Act requires local jurisdictions to act upon applications <br />for wireless communications sites within a ‘reasonable’ time. The FCC has issued a ‘Shot Clock’ <br />rule to establish a deadline for the issuance of land use permits for wireless facilities. According <br />to the FCC, a reasonable period of time for local government to act on wireless applications is <br />90-days for a co-location application and 150-days for all other applications. This time period <br />includes all application notice and appeal periods. The reasonable period for the City of Eugene <br />to review this application is 150-days. <br />The applicable local laws are addressed below. <br />6. Application Submittal Requirements: Eugene City Code and Metro Plan <br /> <br />AT&T’s proposal complies with thesubmittal requirements of the Eugene City Code and the <br />goals of the Metro Plan. These are addressed in the order laid out below. <br />9.2740Residential Zone Land Use and Permit Requirements <br />9.5750Special Development StandardsTelecommunication Devices <br />9.8090Conditional Use Permit Approval CriteriaGeneral & Metro Plan <br />Site ID: EG46 Fox Hollow & Amazon RoadPage 5of 22 <br />