Ord. 20647 - Laserfiche WebLink

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Section 23. Subsection (2) of Section 9.6885 of the Eugene Code, 1971, is amended, and subsection (3) is deleted, to provide as follows: 9.6885 Tree Preservation and Removal Standards. * * * (2) Tree Preservation and Removal Standards. The standards in this subsection apply only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, and EC 9.8520. Unless exempt under subparagraph (b) below, no permit for a development activity subject to this section shall be approved until the applicant demonstrates compliance with the standards in this subsection. (a) Definitions. For the purposes of this subsection (2), the following definitions apply: 1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12 inches multiplied by the diameter breast height expressed in inches of the tree trunk or trunks. 2. Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 20% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices in effect at the time the pruning occurs. (b) For the purposes of this subsection (2), the South Hills Area is defined as above an elevation of 500 feet, and: 1. South of 18th Avenue, 2. South of Franklin Boulevard and East of the intersection of 18th Avenue and Agate Street, or 3. If 18th Avenue were extended from the intersection of 18th Avenue and Willow Creek Road directly west to the Urban Growth Boundary, the area south of that extension of 18th Avenue. (c) Exemptions. A proposed development shall be exempt from the requirements of EC 9.6885(2) if any of the following apply: 1. Except as provided in subparagraph 4., the area of the development site is less than 20,000 square feet. 2. Five or fewer significant trees exist on the development site prior to development. 3. The development site is zoned R-1.5 Rowhouse zone, R-2 Medium- Density Residential, R-3 Limited High-Density Residential, R-4 High Density Residential, GO General Office, C-2 Community Commercial, or C-3 Major Commercial zones. 4. Notwithstanding subparagraph 1., development sites that include property at or above 900 feet elevation are subject to the requirements of EC 9.6885(2), regardless of the area of the development site. (d) Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements Ordinance - Page 13 of 34