Item 7: Ordinances on Goal 5 Natrual Resources Study

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Legend: Revisions to 10/18/05 draft New language - bold, italic Corrections proposed by staff/legal counsel shown in double underline Deletions - [br:lcketed, e:truck] MOTION C (Councilor Kellv): Amend EC 9.8030(21)(b),(c), and (d), and add a new (e) thereto, to provide as follows: (b) For property containing a IWR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A, B or C stream or as a Category A wetland, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the SDecific Dortion of the conservation area and all of the following are met: 1. The proposed reduction in the conservation setback distance is no more than 20%; 2. The portion of the development site removed from the IWR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8), l!i1l and (10); 3. The portion of the development site outside the IWR conservation area, including the area removed, complies with EC 9.4980(7); 4. The remaining IWR conservation setback area complies with EC 9.4980(1) through (5); 5. For Category A wetland sites, reduction in the width of the IWR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is HJ..O..m [lessl disturbed by human activities and expansion of the width of the IWR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities; and 6. For riparian or upland wildlife habitat sites where a reduction in the width of the IWR conservation area is allowed, the conservation setback area may be reduced, to the extent practicable, according to the following priority order: a. Where the reduction area does not include a mapped Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan, b. Where the adjacent habitat quality is lower. 7. The proposed adjustment is consistent with EC 9.8030(21)(e). For property containing a IWR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A or B stream or as a Category A wetland, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the sDecific Dortion of the conservation area and all of the following are met: 1. Conservation setback averaging is employed to maintain the same total area within the IWR conservation area within the development (c)