Item B: Ordinance Concerning Goal 5 Natural Resources Study

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process, and require anyone desiring to pursue a Measure 37 claim to attempt to do so under Measure 37 itself. The recommendation to remove draft section EC 9.4950(2) generates the need for other changes to the draft provisions to effectively address unusual site situations where the /WR provisions might otherwise prevent development on an entire lot, and to address consistency with the Statewide Goal 9 and 10 findings, which conclude that no unbuildable lots would be created by the new regulations. To address these issues, staff has proposed a new Standards Adjustment provision in EC 9.8030(21)(d). This subsection is intended to provide relief, through the minimum necessary reduction in protection, where the flexibility available in the adjustments in EC 9.8030(a), (b), and (c) does not provide sufficient flexibility to allow a minimum level of development. The reduction in protected area would be allowed subject to habitat enhancement of the remaining land within the conservation area and consistency with other standards to protect resource values on the site. Specific examples of sites with unusual circumstances will be discussed at the work session. For additional background information, see the City Council packets for the September 21, 2005, and September 26, 2005, meetings. Full packet materials for both meetings are also available on the Eugene Goal 5 web site at www.EugeneNR.org. The council is scheduled to take action on this item on November 14, 2005. RELATED CITY POLICIES City Council Resolution No. 4615, adopted in April 2000, provided direction to staff to respond to the ESA-listing of salmon in the Willamette River, and called for action to complete the Goal 5 process as soon as possible. COUNCIL OPTIONS The council may approve the Goal 5 ordinances as recommended by the Planning Commission, approve the Goal 5 ordinances as amended by staff recommendation, direct staff to modify the ordinances or deny approval of the ordinances. If the council directs staff to modify the ordinance, the council will also need to provide direction for modifying the findings to support the recommended changes. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the two Goal 5 Natural Resources ordinances recommended by the Eugene Planning Commission, as amended by staff recommendations. SUGGESTED MOTION Move to direct the City Manager to prepare a revised ordinance for City Council consideration on November 14, 2005. L:\CMO\2005 Council Agendas\M051024\S051024B.doc