Admin Order 58-09-07-F - Laserfiche WebLink

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Exhibit A Findings in Support of Adoption Administrative Rule R-9.4770 /WQ Water Quality Overlay Zone With its recent passage of Ordinance No. 20430, the City of Eugene adopted provisions in its land use code to regulate activities in areas that impact the water quality of important waterways within the City. The administrative rule carries out two directives in the implements two directives in Ordinance No. 20430. Section 25 of Ordinance No. 20430 adopts the electronic Water Quality Waterways Map, which depicts the location of lot lines, applicable setback measurement points (centerline or top of high bank) and /WQ Management Areas. EC 9.4778(d) directs the City Manager to adopt an administrative rule describing the procedures the City used to map the /WQ setbacks on the Water Quality Waterways Map. Pursuant to EC 9.4786(2), the City is to consider those procedures described in the administrative rule when it reviews future requests for a Water Quality Waterways Map correction or a request for removal of the /WQ Overlay Zone. Pursuant to 9.4780(2), 9.4780(3), and 9.8030(25), some uses, activities and adjustments within the /WQ Overlay Zone can be allowed/approved if the applicant submits a certification that after the use, activity or adjustment is in place, there will be a water quality function rating equal to or greater than that which existed before the use, activity or adjustment. This certification must be based on the City's Water Quality Function Rating System that, pursuant to EC 9.4782, is contained in an administrative order to be adopted by the City Manager in accordance with EC 9.2019. EC 9.4782 directs the City Manager to set out in the administrative rule a process for evaluating a specific /WQ Management Area's water quality function based on the presence or frequency of enumerated characteristics. The administrative rule is not a land use regulation. However, since it implements provisions in the City's land use code, the City manager's adoption of the order is arguably a "land use decision." The City recognizes that state law does not require a local government to show consistency with the Statewide Planning Goals when making an administrative land use decision. However, because the administrative rule implements a land use regulation, the findings set forth below are intended to demonstrate such consistency. Goal I - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement that ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The proposed administrative rule will not amend the citizen involvement program. The process for adopting these amendments complies with Goal 1 since it complies with, and Page 1 of 4