Item 1: Ordinance on Oregon West Management

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requirements of Goal 5, and therefore, with regard to OAR 660-023-250(3)(a), the proposed PAPA does not aftect a GoalS resource and the City is not required to apply Goal 5. Furthermore, in Larson v. Wallowa County, 23 Or LUBA 527 (1992), the Land Use Board of Appeals ruled that if property is not included in the Goal 5 inventory of the acknowledged comprehensive plan, and a proposed zone change does not affect that inventory, a local goverriment is not required to consider whether the property should be included on that inventory. The same logic is rightly applied here. Secondly, addressing OAR 660-023-250(3)(b): The changes sought by this application will not allow new uses that could conflict with a signiticant Goal 5 resource site. There are no Goal 5 resources on the site itself. None of the various studies, inventories, refinement plans, and facilities plans has listed this specif1c site in an adopted inventory, declared it a significant resource, applied a Goal 5 resource overlay, or otherwise regulated or limited the redevelopment of the site as a Goal 5 resource. Natural Resources are addressed in the City of Eugene Goal 5: Inventory and Water Resources Conservation Plan, 2005 which fulfins the State of Oregon's GoalS requirement for local governments to protect significant riparian corridors, upland wildlife habitat and wetlands. The subject site is not included in any of the plan's inventory maps or tables, nor has it been designated with a Waterside Protection (/WP) or Water Resources Conservation (/WR) Overlay Zone. Because the changes proposed by the application do not create or amend any portion of an acknowledged plan, or any code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of GoalS, all of these safeguards will remain in effect. Lastly, addressing OAR 660-023-250(3)(c): The changes sought by this application do not amend the acknowledged Urban Growth Boundary. Conclusion: Oregon Administrative Rule 660-023-0250 "Applicability" stipulates that local governments are required to apply Goal 5 when considering Post Acknowledgment Plan Amendments if the amendment affects a Goal S resource. For the purposes of that rule, the section lists three circumstances (OAR 660-023-0250(3){a), (b), and (c) quoted above) under which, and only under which, a Post Acknowledgment Plan Amendment would affect a Goal 5 resource. As evidenced above, none of the three circumstances are raised by the proposed anlcndments, and therefore the amendments will not affect a Goal 5 resource. The City of Eugene is not required to apply Goal 5 when considering the consistency of the proposal. The City of Eugene can find that the action requested by this application is consistent with Statewide Planning GoalS. Santa Clara ~ Zone Change Application Written Statement - August 2,2007 Page 30 of 41