<br />Local governments can consider "quality of existing wireless service" in rejecting <br />an application. <br /> <br />9.5750(f) Noise Reduction. In R-1, R-2, R-3, R-4, C-1, and GO and in all <br />other zones when the adjacent property is zoned for residential use or <br />occupied by a dwelling, hospital, school, library, or nursing home, noise <br />generating equipment shall be sound-buffered by means of baffling, <br />barriers, or other suitable means to reduce sound level measured at the <br />property line to 45dBa. <br /> <br />The applicant is incorrectly treating this a cell tower as if AT&T was going to be <br />the only company to locate antennas and equipment on this site. In fact, if it is <br />permitted, at least one, and potentially many, companies will legally be able to <br />use this same facilities. Therefore the applicant must demonstrate that the 45dBA <br />noise limitation can be met with the maximum potential number of co-locating <br />companies operating simultaneously on this tower. <br /> <br /> <br />9.8090‘†‹–‹‘ƒŽ•‡‡”‹–’’”‘˜ƒŽ”‹–‡”‹ƒ <br /> <br />9.8090 Conditional Use Permit Approval Criteria - General. A conditional use <br />permit shall be granted only if the proposal conforms to all of the <br />following criteria: <br /> <br />(1) The proposal is consistent with applicable provisions of the Metro <br />Plan and applicable refinement plans. <br /> <br />See 0HWUR3ODQ&RPSOLDQFH section of this testimony for response to this criteria. <br /> <br /> <br />(2) The location, size, design, and operating characteristics of the <br />proposal are reasonably compatible with and have minimal impact <br />on the livability or appropriate development of surrounding <br />property, as they relate to the following factors: <br />(a) The proposed building(s) mass and scale are physically <br />suitable for the type and density of use being proposed. <br /> <br />While the Eugene Code section 9.5750(7)(b)(5) limits the maximum height of a <br />cell tower to 75 feet in the R-1 zone, this section requires reasonable <br />compatibility and minimal impacts on livability and use of surrounding property <br />in terms of mass and scale. Since this requirement is supplemental to <br /> <br />Fodor & Associates - Page 9 <br />