Item 7: Ordinances on Goal 5 Natrual Resources Study

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ATTACHMENT B NO.2 9/01/05 ORDINANCE NO. AN ORDINANCE UPDATING THE GOAL 5 INVENTORY WITHIN THE EUGENE URBAN GROWTH AREA; ADOPTING THE GOAL 5 WATER RESOURCES CONSERVATION PLAN WITHIN THE EUGENE URBAN GROWTH AREA; REPEALING ORDINANCE NO. 20295; AMENDING SECTION 9.7810 OF THE EUGENE CODE, 1971; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING EFFECTIVE DATES. The City Council of the City of Eugene finds that: A. Statewide Planning Goal Five requires local governments to protect significant riparian corridors, upland wildlife habitat and wetlands. In order to conserve these resources and the biological systems they contain and support, this Ordinance adopts provisions to conserve the physical resources and also protect the water quality within the resource areas as a fundamental and essential requirement for continued survival of these biological systems. B. Ordinance No. 20295, adopted by the Council and approved by the Mayor on July 28, 2003, adopted as Exhibit A to that Ordinance, a list of criteria for use in determining the significance of riparian corridor sites and upland wildlife habitat sites for purposes of updating the Goal 5 inventory within the Eugene Urban Growth Area. The list of criteria is now more appropriately located in the Goal 5 Water Resources Conservation Plan. C. Exhibit B to Ordinance No. 20295 is a list and a map, both entitled "Goal 5 Riparian and Upland Wildlife Habitat Sites Within the Eugene Urban Growth Boundary." The list and map, which updated the inventory of significant riparian corridor sites and upland wildlife habitat sites based on the criteria listed in Exhibit A to Ordinance No. 20295, are now more appropriately included in the Goal 5 Water Resources Conservation Plan. Further, updates to the list and map are needed to more accurately depict the location and/or acreage of some of the riparian corridor and upland wildlife habitat sites and to remove from the inventory a portion of site E-76, which an order of the Land Conservation and Development Commission determined had not been demonstrated to meet the definition of a riparian area under Oregon Administrative Rules. D. The City has conducted, and the Oregon Division of State Lands (DSL) has approved, a local wetlands inventory (LWI) using the standards and procedures of OAR 141-086-0110 et seq. The City has determined which wetlands on the LWI are "significant wetlands" for purposes of Statewide Planning Goal 5 using the criteria adopted by DSL for that purpose (OAR 141-086-0350). The City is required to adopt an inventory of these significant wetlands. Ordinance - 1