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ADMINISTRATIVE ORDER NO. 58-09-07-F
<br />of the
<br />City Manager of the City of Eugene
<br />ADOPTION OF /WQ WATER QUALITY OVERLAY ZONE RULE R-
<br />9.4770.
<br />The City Manager of the City of Eugene finds that:
<br />A. Section 2.019 of the Eugene Code, 1971 authorizes the City Manager to adopt
<br />rules for implementation of any provisions of that Code. Sections 9.4770 through 9.4790,
<br />establishing the /WQ Water Quality Overlay Zone, its purpose, applicability, siting requirements,
<br />permitted and prohibited uses and a process for map correction or removal of the /WQ Overlay
<br />Zone, were added to the Eugene Code, 1971 (EC) by Ordinance No. 20430, adopted on March 9,
<br />2009, and will become effective on June 10, 2009.
<br />B. Section 25 of Ordinance No. 20430 adopts the electronic Water Quality
<br />Waterways Map, which depicts the location of lot lines, applicable setback measurement points
<br />(centerline or top of high bank) and Water Quality Management Areas. EC 9.4778(1)(d) directs
<br />the City Manager to adopt an administrative rule describing the procedures the City used to map
<br />the /WQ setbacks on the Water Quality Waterways Map. Pursuant to EC 9.4786(2), the City
<br />shall consider the procedures described in the administrative rule when it reviews any future
<br />requests for a Water Quality Waterways Map correction or a request for removal of the /WQ
<br />Overlay Zone.
<br />C. Pursuant to 9.4780(2), 9.4780(3), and 9.8030(25), some uses, activities and
<br />adjustments within the /WQ Overlay Zone can be allowed/approved if the applicant submits a
<br />certification that after the use, activity or adjustment is in place, there will be a water quality
<br />function rating equal to or greater than the subject lot's rating before the use, activity or
<br />adjustment. This certification must be based on a Water Quality Function Rating System that,
<br />pursuant to EC 9.4782, is contained in administrative rules adopted by the City Manager in
<br />accordance with EC 2.019.
<br />D. Pursuant to EC 2.019, on May 11, 2009, I issued Administrative Order No. 58-09-
<br />07 proposing the adoption of /WQ Water Quality Overlay Zone Rule R-9.4770 effective June 10,
<br />2009.
<br />E. Notice of the proposed Rule adoption was published in the Register -Guard
<br />Newspaper on May 12, 13, 14, 15 and 16, 2009. In addition, Notice was provided to the Mayor
<br />and City Council, made available to any person who had requested the notice, and made
<br />available for review at the Public Works Department, 99 E. Broadway, Suite 400, Eugene,
<br />Oregon, 97401. The Notice provided that written comments would be received for a period of
<br />15 days from the date of posting and publication, or at the public hearing to be held on May 27,
<br />2009, at 4 p.m. in the Lyle Conference Room on the fourth floor of the Public Works
<br />Department, 99 E. Broadway, Eugene, Oregon. There were no attendees at the public hearing,
<br />Administrative Order - Page 1 of 12
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