Ex. E <br />A) City Noise Code <br />Local cell tower noise code is limited to not exceed 45 dBA on nearby residential property. In <br />this case an additional recommendation is included for the applicant to try to not exceed 35 dBA. <br />Technology Associates (TA) presented their version of the 45/35 dBA topic which is that the <br />relatively continuous air conditioning equipment noise is to not exceed 35 dBA while the <br />intermittent generator noise is limited to not exceed 45 dBA. <br />of the 45/35 dBA rule does not yet appear to have been acknowledged by the City <br />planners as an agreeable way to satisfy their 45/35 dBA recommendation. This remains to be <br />clarified. The applicant, through TA comments so far does not appear to agree to a firm <br />compliance with the Eugene Cell Tower code limit of 45 dBA. <br />B) State Noise Code <br />In addition to the Eugene Noise Code regulations the Oregon State DEQ Noise Code OAR 340- <br />35-035 also applies to noise impacts by industry and commerce on dwellings anywhere in the <br />State, which includes inside Eugene City limits. The cell tower is an industrial business. <br />It would be of great concern with the neighboring community if city planners studying this cell <br />tower application did not make a reasonable attempt to verify that the cell tower can be expected <br />to operate legally, without violating eitherEugene City noise code or the State DEQ noise <br />regulations. Regardless of jurisdiction limits, it makes no common sense for planning to approve <br />an application which by definition must violate State law to operate. <br />Noise from a cell tower is regulated by DEQ. The basic DEQ residential noise limit is 50 dBA at <br />night. With the Eugene noise code for Cell Towers set at 45 dBA, the Eugene code appears to be <br />more restrictive than the State code and therefore is the regulating code. <br />However, any new industrial or commercial development built on property that has not been <br />used for that purpose or a similar purpose <br />of the state noise code. This is a type of noise regulation the Eugene Code does not address. It <br />can be more protective than the city code under some circumstances, which means it is the noise <br />code that applies to the use of the land. <br />The proposed cell tower does <br />becomes legally liable to the consequences of violating the ambient degradation part of the state <br />noise code. In order to determine of the proposed site will or will not violate state noise code, <br />the actual ambience in the area needs to be defined. Once defined, the <br />becomes the noise limit according to state code. Both the L10 and L50 of the ambience is <br />protected by State DEQ noise code. <br />In this case the ambient noise level drops to 31 dB,A late at night. This means 31 + 10 = 41 <br />dB,A is the State noise code limit. Even if the City noise limit of 45 dB,A is not violated, the <br />State ambient + 10 dB noise limit may well be violated. Based on information gathered so far, <br />the cell tower must prove it can operate below 41 dBA when measured at DEQ locations. <br />3 <br />