Laserfiche WebLink
<br />Goal 5 - Open Spaces, Scenic and Historic Area, and Natural Resources: To conserve open <br />space and protect natural and scenic resources. <br /> <br />Response: <br />Pursuant to Goal 5, the City of Eugene has adopted certain sections of the MetroPlan, various <br />land use regulations within "Chapter 9 of the Eugene Code: Land Use" and the City o.lEugene <br />Goal 5: Inventory and Water Resources Conservation Plan, 2005. In addition, the following <br />inventories make up the entire inventory of significant Goal 5 resources within the City of <br />Eugene Urban Growth Boundary: <br /> <br />· "Sand and Gravel Working Paper," 1978 <br />. "Scenic Sites Working Paper," 1978 <br />· '"Willamette River Greenway Working Paper," 1978 <br />· "Archeological Sites Working Paper," 1978 <br />. "List of Historic Landmarks," 1976 <br /> <br />Oregon Administrative Rule 660-023-0250 (Division 23) establishes the applicability of Goal 5 <br />rules to Post Acknowledgement Plan Amendments (PAPA), and specifies certain procedures and <br />requirements for local governments to follow in the adoption or an1endment of all plan or land <br />use regulations pertaining to Goal 5 resources. The rule states: <br /> <br /><<(3) Local governments are not required to apply Goal 5 in consideration ofa PAPA <br />unless the PAPA a.Uects a Goal 5 resource. For purposes of this section, a PAPA <br />v,'ould ajfect a Goal 5 resource only if: <br /> <br />(a) 111e PAPA creates or amend., a resource list or a portion of an acknowledged <br />plan or land use regulation adopted in order to protect a sign~ficant Goal 5 resource <br />or to address spec{(ic requirements of Goal 5; <br /> <br />(b) The PAPA allows new uses that could be conflicting uses with a particular <br />significant Goal 5 resource site on an ackno'wledged resource list; or <br /> <br />(c) The PAPA amend() an acknowledged UGB and factual information is submitted <br />demonstrating that a resource site, or the impact areas 0./ such a site, is included in <br />the amended UGB area. " <br /> <br />The following findings will demonstrate that this application raises none of the issues which <br />would require the City of Eugene to apply GoalS. <br /> <br />Firstly, addressing OAR 660-023-250(3)(a): The changes proposed by the application do not <br />create or amend the area's list of Goal 5 resources, nor a portion of an acknowledged plan, nor a <br />code provision adopted in order to protect asigniiicant Goal 5 resource or to address specific <br />requirement<; of Goal 5, and therefore, with regard to OAR 660-023-250(3)(a), the proposed <br />PAPA does not affect a Goal 5 resource and the City is not required to apply GoalS. <br /> <br />Furthermore, in Larson v. Wallowa County, 23 Or LUBA 527 (1992), the Land Use Board of <br />Appeals ruled that if property is not included in the Goal 5 inventory of the acknowledged <br /> <br />Santa Clara - Refinement Plan Amendment Application <br />Written Statement ~ August 2, 2007 <br /> <br />Page 11 of 44 <br />