Item 2: Ordinance on Water Quality Overlay Zone

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of way, there is no other feasible option for locating the proposed development outside the /WQ Management Area; 2. Provided the realignment will not cause the /WQ Management Area to: a. Occupy any portion of an adjacent lot not currently having the /WQ overlay zone, unless the standards review application is accompanied by an owner- authorized rezoning application to apply the /WQ overlay zone to the newly affected lot; or b. Increase an existing /WQ Management Area on an adjacent lot, unless the standards review application is accompanied by the written consent of the affected lot owner(s); 3. Provided the applicant has submitted a certification signed by a professional referenced in EC 9.4782(2) that, based on the city’s Water Quality Function Rating System, the realignment will result in a water quality function rating equal to or greater than previously existed; and 4. Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development Standards (1) through (3) and (7) through (11); 5. If a realignment under 2. above is approved, necessitating a correction to the Water Quality Waterways Map, the planning director shall update that Map to reflect the correction. If the correction results in the complete removal or relocation of the /WQ Management Area from a lot, or a determination that the /WQ Overlay Zone should be removed or relocated from a lot, the planning director shall update the Eugene Overlay Zone Map to reflect the determination. (c) Construction of public improvements not already permitted under subsection (2) above (including but not limited to streets, bridges, boardwalks, paths, flood control structures, and public utilities): 1. Where, due to the physical constraints of the development area, including, but not limited to, slope/hillsides, natural hazards, natural resources, lot configuration or existing right of way, there is no feasible option for locating the proposed improvements outside the /WQ Management Area; 2. Provided the applicant has submitted a certification signed by a professional referenced in EC 9.4782(2) that, based on the city’s Water Quality Function Rating System, the construction will result in a water quality function rating equal to or greater than previously existed; and 3. Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development Standards (1) through (11); (d) Construction of a private stream crossing with a culvert or bridge for an access road or pedestrian use: 1. Where, due to the physical constraints of the development area, including, but not limited to, slope/hillsides, natural hazards, natural resources or lot configuration, no point of access to an adjacent street or road is available within the applicant’s real property ownership that is outside the /WQ Management Area; Ordinance - 10