HomeMy WebLinkAboutOrdinance No. 20521- - rc CCCC' - - --
COUNCIL ORDINANCE NO. 20521
COUNCIL BILL NO. 5105
AN ORDINANCE CONCERNING STORMWATER
MANAGEMENT; AMENDING SECTIONS 9.0500,
9.4780, 9.6790, 9.6791, 9.6792, 9.6796, 9.6797, 9.8030,
9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325,
9.8440, 9.8445, 9.8515, AND 9.8520 OF THE
EUGENE CODE, 1971; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADOPTED: January 13, 2014
SIGNED: January 15, 2014
PASSED: 7:1
REJECTED:
OPPOSED: Clark
ABSENT:
EFFECTIVE; March 1, 2014
ORDINANCE NO. 20521
AN ORDINANCE CONCERNING STORMWATER MANAGEMENT;
AMENDING SECTIONS 9.0500, 9.4780, 9.6790, 9.6791, 9.6792, 9.6796,
9.6797, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440,
9.8445, 9.8515, AND 9.8520 OF THE EUGENE CODE, 1971; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . Section 9.0500 of the Eugene Code, 1971, is amended by revising the
definition of "Pollution reduction facility" to provide as follows:
9.0500 Definitions As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Stormwater quality facility. Any structure or drainage device that is designed,
constructed, and maintained to collect and filter, retain, or detain surface water
runoff during and after a storm event for the purpose of maintaining or improving
surface and /or groundwater quality.
Section 2 . Subsection (2)(e) of Section 9.4780 of the Eugene Code, 1971, is amended to
provide as follows:
9.4780 /WQ Water Quality Overlay Zone - Permitted and Pro hibited U ses . Uses are
permitted or prohibited within the /WQ Water Quality Overlay Zone based on
whether they occur outside or within the /WQ Management Area as follows:
(2) Uses Permitted Within /WQ Management Areas. Subject to any applicable
development permits, the following uses are the only uses permitted outright
within the /WQ Management Area:
(e) Construction and Maintenance of Vegetated Stormwater Management
Facilities Swales, filter strips, constructed wetlands, and other
vegetated stormwater management facilities for stormwater quality or
flow control are permitted if otherwise approved through the provisions
of EC 9.6791 through 9.6797 in accordance with the Stormwater
Management Manual adopted by administrative order of the city
manager;
Section 3 . Subsection (5) of Section 9.6790 of the Eugene Code, 1971, is amended to
provide as follows:
9.6790 Stormwater Management Manual. In order to implement Section 9.6791 through
9.6797 of this code, the City Manager shall adopt in accordance with EC 2.019, City
Manager — Administrative and Rulemaking Authority and Procedures, a Stormwater
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Management Manual. The Stormwater Management Manual may contain forms,
maps and facility agreements and shall include requirements that are consistent
with the following goals:
(5) Reduce pollutants of concern that are generated by identified site uses and
site characteristics that are not addressed solely through the stormwater
quality measures by implementing additional specific source control methods
including reducing or eliminating pathways that may introduce pollutants into
stormwater, capturing acute releases, directing wastewater discharges and
areas with the potential for relatively consistent wastewater discharges to the
wastewater system, containing spills on site, and avoiding preventable
discharges to wastewater facilities, surface waters or ground waters.
Section 4 . Section 9.6791 of the Eugene Code, 1971, is amended to provide as follows:
9.6791 Stormwater Flood Control.
(1) Purpose. The purpose of EC 9.6791 is to protect life and property from flood
and drainage hazards by maintaining the capacity of the city's stormwater
conveyance system through the establishment of flood control regulations for
stormwater runoff.
(2) Applicability and Exemptions.
(a) Except as provided in EC 9.6791(2)(b), flood control standards apply to
all development permit applications and land use applications.
(b) The standards in EC 9.6791(3) do not apply to development permit
applications where the proposed development will be served by a flood
control facility that is a manmade drainage system designed to
accommodate stormwater run -off generated by the stormwater basin
area.
(3) Standards.
(a) Stormwater flood control facilities shall be designed and constructed
according to adopted plans and policies, and in accordance with
standards in EC Chapters 6 and 7, and the stormwater flood control
provisions and the facility design requirements set forth in the
Stormwater Management Manual.
(b) Based on the Rational Method flow calculation, stormwater runoff from
the development site for the flood control design storm shall be:
1. Discharged into existing stormwater flood control facilities that,
considering all developments that have received tentative or final
plan approval as of the date the applicant submits a complete
application, have the capacity to handle the stormwater runoff; or
2. Retained or detained onsite; or
3. Discharged into a new stormwater flood control facility constructed
by the applicant.
(4) Underground Injection Control Systems. Stormwater runoff discharged in
underground systems is also regulated through the federal Underground
Injection Control (UIC) program under Part C of the Safe Drinking Water Act
(42 U.S.C. § 300, Chapter 6A, Subchapter XII) and Oregon Administrative Rule
Chapter 340, Section 044.
Section 5 . Section 9.6792 of the Eugene Code, 1971, is amended to provide as follows:
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9.6792 Stormwater Quality
(1) Purpose. The purpose of EC 9.6792 is to reduce runoff pollution and mitigate
the volume, duration, time of concentration and rate of stormwater runoff from
development by implementing stormwater management techniques that
promote the use of natural and built systems for infiltration, evapotranspiration
and reuse of rainwater and that use or mimic natural hydrologic processes
while capturing and treating approximately 80% of the average annual rainfall.
(2) Applicability and Exemptions.
(a) The standard in EC 9.6792(3)(a) applies to all land use applications
submitted after March 1, 2014, that do not propose construction of a
public street, private street or a shared driveway.
(b) The standards in EC 9.6792(3)(b), (e) -(g) apply to all land use
applications submitted after March 1, 2014, that propose construction of
a public street.
(c) The standards in EC 9.6792(3)(c), (e) -(g) apply to all land use
applications submitted after March 1, 2014, that propose construction of
a private street or shared driveway.
(d) Except as exempt under EC 9.6792(2)(e), the standards in EC
9.6792(3)(d) -(g) apply to applications for all development permits
submitted after March 1, 2014.
(e) The standards in EC 9.6792(3)(d) -(g) do not apply to development
permit applications:
1. For the construction of less than 1,000 square feet of new or
replaced impervious surface within a 12 month period;
2. For interior alterations of an existing structure;
3. For the construction of more than 1,000 square feet of impervious
surface that replaces existing impervious surface for purposes of
maintenance or repair for the continuance of the current function,
providing that as part of such maintenance and repair the
applicant is replacing less than 50% of the length of the
stormwater drainage system (including pipes, drainageway catch
basins and drywells) on the development site;
4. For the construction of new or replaced impervious surface where
all of the stormwater runoff from the impervious surface will
discharge into an on -site, privately maintained underground
injection control system that is registered and approved by the
Oregon Department of Environmental Quality;
5. For the construction of a one or two family dwelling on a lot or
parcel that was created by a land division application submitted
and approved by the City prior to March 1, 2014, that is consistent
with the approved land use application and the City's stormwater
quality (pollution reduction) standards in place at the time of the
land division application; or
6. For the construction of a one or two family dwelling on a lot or
parcel that was created by a land division application that included
the construction of a public or private street or shared driveway
submitted and approved by the City after March 1, 2014, if the lot
or parcel adjoins the public or private street or shared driveway
and the facility within the public or private street or shared
driveway is an infiltration or filtration facility designed and sized to
accommodate stormwater runoff from the adjoining lots or parcels
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at full buildout of the lots or parcels.
(3) Standards.
(a) For land use applications not proposing the construction of a public or
private street or shared driveway, the applicant shall submit a site
development plan that delineates the following conditions existing on
the development site:
1. Infiltration rates less than 2 inches per hour;
2. Bedrock less than 5 feet below the ground surface;
3. Groundwater elevations less than 6 feet; or,
4. Ground surface slopes greater than 10 %.
(b) For land use applications proposing the construction of a public street,
stormwater quality facilities to treat the stormwater runoff from the
proposed public street shall be selected from the Stormwater
Management Manual and shall be based on the following priority order:
infiltration, filtration, mechanical treatment.
1. If selecting an infiltration or filtration facility to treat the stormwater
runoff from the public street, the facility can be sized to also treat
the stormwater runoff from the one and two family dwelling lots or
parcels adjoining the public street based on full buildout of those
lots or parcels.
2. If using a mechanical facility to treat the stormwater runoff from
the public street or if the infiltration or filtration facility is not sized
to also treat the stormwater runoff from the adjoining lots or
parcels at full buildout, all lots or parcels created by the land
division application shall comply with EC 9.6792(3)(d) -(g) at the
time of development permit application.
(c) For land use applications proposing construction of a private
street or shared driveway, stormwater quality facilities to treat the runoff
from the proposed private street or shared driveway shall be selected
from the Stormwater Management Manual and shall be based on the
following priority order: infiltration, filtration.
1. An infiltration or filtration treatment facility to treat the stormwater
runoff from the shared driveway or private street can be sized to
treat the stormwater runoff from the proposed one and two family
dwelling lots or parcels that adjoin the shared driveway or private
street based on full buildout of those lots or parcels.
2. If the infiltration or filtration facility is not sized to treat the
stormwater runoff from the adjoining lots or parcels at full build out,
all lots or parcels created by the land division application must
comply with EC 9.6792(3)(d) -(g) at the time of development permit
application.
(d) For development permit applications, stormwater quality facilities
shall be selected from the Stormwater Management Manual and shall
be based on the following priority order: infiltration, filtration, off -site
stormwater quality management.
1. If selecting a filtration treatment facility, the applicant shall submit
a report that demonstrates at least one of the following
development site conditions exist:
a. Infiltration rates are less than 2 inches per hour;
b. Bedrock is less than 5 feet below the ground surface;
C. Groundwater elevations are less than 6 feet; or,
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d. Ground surface slopes are greater than 10 %.
2. If selecting off -site stormwater quality management by contributing
to the public off -site stormwater quality facilities, through payment
of a higher stormwater system development charge adopted as
part of the City's system development charge methodology, the
applicant shall submit a report that demonstrates there is
insufficient land area to construct an approved infiltration or
filtration facility by setting forth the required size of the smallest
infiltration or filtration facility needed for the development's
impervious surface area and a site plan demonstrating that an
approved infiltration or filtration facility cannot be located on the
development site without reducing the size of the proposed
development which is otherwise consistent with all other
applicable lot and development standards.
(e) The selected stormwater quality facilities shall treat all stormwater runoff
from all new or replaced impervious surface areas, or an equivalent on-
site area, that will result from the water quality design storm except that
the selected the stormwater quality facility does not need to treat the
stormwater runoff from new or replaced impervious surface that is 500
sq. feet or less and does not gravity -feed into the selected treatment
facility.
(f) All stormwater quality facilities shall be sited, designed and constructed
according to the water quality provisions and the facility design
requirements set forth in the Stormwater Management Manual.
(g) The standards in EC 9.6792(3) may be adjusted pursuant to EC
9.8030(24).
Section 6 . Subsection (3)(e) of Section 9.6796 of the Eugene Code, 1971, is amended to
provide as follows:
9.6796 Dedication of Stormwater Easements
(3) Standards. The applicant must dedicate public easements approved by the
city over city maintained stormwater management facilities provided the city
makes findings to demonstrate consistency with constitutional requirements.
The conveyance of ownership or dedication of easements may be required in
any of the following circumstances:
(e) Where the facility will provide treatment for runoff from the public right -
of -way and the City will be maintaining the facility.
Section 7 . Section 9.6797 of the Eugene Code, 1971, is amended to provide as follows:
9.6797 Stormwater Operation and Maintenance
(1) All stormwater facilities shall be operated and maintained in accordance with
EC Chapters 6 and 7, and the Stormwater Management Manual.
(2) Unless the applicant proposes private maintenance of the facility, a
stormwater facility that will provide treatment for runoff from the public right -of-
way shall be:
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(a) Designed and constructed through the Privately Engineered Public
Improvement (PEPI) process; and
(b) Located in public rights of way or public easements dedicated in
accordance with EC 9.6796; and
(c) Selected from the list of stormwater facilities identified in the Stormwater
Management Manual as a type of facility that the City will operate and
maintain.
Section 8 . Subsection (24) of Section 9.8030 of the Eugene Code, 1971, is amended to
provide as follows:
9.8030 Adjustment Review - Approval Criteria The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(24) Stormwater Quality, Flow Control, Oil Control and Source Control
Standards Adjustment.
(a) The requirement in EC 9.6792(3)(e) that selected stormwater quality
facilities shall treat all the stormwater runoff that will result from the
water quality design storm may be adjusted upon a finding that the
stormwater quality facility will treat as much of the runoff as possible and
(b) The requirement in EC 9.6792(3)(f) that all stormwater quality facilities
be selected from and sited, designed, and constructed according to the
stormwater quality provisions and the facility design requirements set
forth in the Stormwater Management Manual and that stormwater quality
facilities must be designed using one of the methodologies outlined in
the Stormwater Management Manual may be adjusted upon finding that
all of the following requirements are met:
1. The proposed alternative design will achieve equal, or superior,
results for function (reducing pollution), maintainability and safety,
and the proposed siting does not adversely affect structures or
other properties.
2. The applicant's written description of the proposed alternative
design has been reviewed and approved by the City Engineer.
The description of the proposed design submitted for review must
include all of the following information for each component of the
proposed alternative design:
a. Size, technical description, capacity, capital cost, design
life, construction process and costs, consequences of
improper construction, operation and maintenance
requirements and costs;
b. Data on the effectiveness of proposed alternative
technologies, if available, including data from laboratory
testing and pilot /full -scale operations, and information
regarding the operations of any full -scale installations;
C. Any other available information about the proposed design,
including peer review articles, scientific or engineering
journals, and approvals from other jurisdictions.
Ordinance - Page 6 of 12
(c)
(d)
3. The applicant has submitted a method and schedule for
monitoring the effectiveness of the proposed design once
constructed, and a schedule for its maintenance.
4. The applicant has submitted a signed statement that the applicant
will replace the alternative stormwater quality facility if the facility
does not function as proposed.
The requirement in EC 9.6793(3)(a) and EC 9.6793(3)(b) may be
adjusted upon a finding that the flow control facility will control flow rates
as much as possible and one of the following applies:
1. The area at issue generating runoff is less than 500 square feet of
impervious surface and is isolated from the flow control facility;
2. The area at issue generating runoff is less than 500 square feet of
impervious surface and it is not technically feasible to drain the
untreated runoff to the flow control facility;
3. Constructing facilities to control the flow of runoff from the area at
issue would require removal of trees or damage to other natural
resources;
4. The area at issue generating runoff is less than 500 square feet of
impervious surface and limited access to the area would prevent
regular maintenance of the flow control facility.
The requirements in EC 9.6793(3)(d) that all flow control facilities be
selected from and sited, designed, and constructed according to the
flow control provisions and the facility design requirements set forth in
the Stormwater Management Manual may be adjusted upon finding that
all of the following requirements are met:
1. The proposed alternative design will achieve equal, or superior,
results for function (maintaining flow or restricting flow or both),
maintainability and safety, and the proposed siting does not
adversely affect structures or other properties;
2. The applicant's written description of the proposed alternative
design has been reviewed and approved by the City Engineer.
The description of the proposed design submitted for review must
include all of the following information for each component of the
proposed alternative design:
a. Size, technical description, capacity, capital cost, design
life, construction process and costs, consequences of
improper construction, operation and maintenance
requirements and costs;
b. Data on the effectiveness of proposed alternative design, if
available, including data from laboratory testing and
pilot/full -scale operations, and information regarding the
operations of any full -scale installations;
C. Any other available information about the proposed design,
including peer review articles, scientific or engineering
journals, and approvals from other jurisdictions.
3. The applicant has submitted a method and schedule for
monitoring the effectiveness of the proposed design once
constructed, and a schedule for its maintenance;
4. The applicant has submitted a signed statement that the applicant
will replace the alternative flow control facility if the facility does
not function as proposed.
Ordinance - Page 7 of 12
(e) The requirement in EC 9.6795(3) that oil control facilities be sited,
designed and constructed according to the oil control provisions and the
facility design requirements set forth in the Stormwater Management
Manual may be adjusted if the applicant can demonstrate that the
selected oil control facility will achieve the same result as those listed in
the Stormwater Management Manual.
(f) The requirement in EC 9.6796(3) that source controls be sited,
designed and constructed according to source control provisions set
forth in the Stormwater Management Manual may be adjusted if the
applicant can demonstrate that the selected source control will achieve
the same result as those listed in the Stormwater Management Manual.
Applicants seeking an adjustment to EC 9.6796(3) must submit a
completed authorization request form adopted as part of the Stormwater
Management Manual.
Section 9 . Subsection (1)(d) of Section 9.8055 of the Eugene Code, 1971, is amended to
provide as follows:
9.8055 _Cluster Subdivision- Approval Criteria - General The planning director shall
approve, approve with conditions, or deny a proposed cluster subdivision. Approval
or approval with conditions shall be based on the following:
(1) The proposed subdivision complies with:
(d) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 10 . Subsection (8)(d) of Section 9.8090 of the Eugene Code, 1971, is amended
to provide as follows:
9.8090 Conditional Use Permit Approval Criteria - General A conditional use permit
shall be granted only if the proposal conforms to all of the following criteria:
(8) The proposal complies with all applicable standards, including but not limited
to:
(d) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance; and
Section 11 . Subsection (4)(h) of Section 9.8100 of the Eugene Code, 1971, is amended
to provide as follows:
9.8100 Conditional Use Permit Approval Criteria- Needed Housing The hearings
official shall approve, conditionally approve, or deny the conditional use permit
application. Unless the applicant elects to use the general criteria contained in EC
9.8090 Conditional Use Permit Approval Criteria - General where the applicant
proposes needed housing, as defined by the State statutes, the hearings official
Ordinance - Page 8 of 12
shall approve or approve with conditions a conditional use based on compliance
with the following criteria:
(4) The proposal complies with all applicable standards, including, but not limited
to:
(h) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 12 . Subsection (1)0) of Section 9.8215 of the Eugene Code, 1971, is amended
to provide as follows:
9.8215 Partition, Tentative Plan Approval Criteria- General The planning director shall
approve, approve with conditions, or deny a partition, with findings and conclusions.
Approval, or approval with conditions, shall be based on compliance with the
following criteria:
(1) The proposed partition complies with all of the following:
0) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 13 . Subsection (2)0) of Section 9.8220 of the Eugene Code, 1971, is amended
to provide as follows:
9.8220 Partition, Tentative Plan Approval Criteria- Needed Housing The planning
director shall approve, conditionally approve, or deny the partition application.
Unless the applicant elects to use the general criteria contained in EC 9.8215
Partition, Tentative Plan Approval Criteria- General where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall
approve or approve with conditions a partition based on compliance with the
following criteria:
(2) The proposed partition complies with all of the following:
0) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 14 . Subsections (5)(a), (10) and (11)0) of Section 9.8320 the Eugene Code,
1971, are amended; and subsection (9) of that Section is repealed to provide as follows.
Subsections (10) through (16) of that Section are renumbered to (9) through (15).
9.8320 Tentative Planned Unit Development Approval Criteria- General The hearings
official shall approve, approve with conditions, or deny a tentative PUD application
with findings and conclusions. Decisions approving an application, or approving
with conditions shall be based on compliance with the following criteria:
(5) The PUD provides safe and adequate transportation systems through
Ordinance - Page 9 of 12
compliance with the following:
(a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways (not subject to modifications set forth in subsection (10)
below).
(9) Lots proposed for development with one - family detached dwellings shall
comply with EC 9.2790 Solar Lot Standards or as modified according to
subsection (10) below.
(10) The PUD complies with all of the following:
Q) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 15 . Subsection (7)(j) of Section 9.8325 of the Eugene Code, 1971, is amended;
and subsection 13) of that Section is provide as follows:
9.8325 Tentative Planned Unit Development Approval Criteria - Needed Housina. The
hearings official shall approve, conditionally approve, or deny the PUD application
with findings and conclusions. Unless the applicant elects to use the general criteria
contained in EC 9.8320 Tentative Planned Unit Development Approval Criteria -
General where the applicant proposes needed housing, as defined by the State
statutes, the hearings official shall approve or approve with conditions a PUD based
on compliance with the following criteria:
(7) The PUD complies with all of the following:
Q) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 16 . Subsection (5)(j) of Section 9.8440 of the Eugene Code, 1971, is amended
to provide as follows:
9.8440 Site Review Approval Criteria - General The planning director shall approve,
conditionally approve, or deny the site review application. Approval or conditional
approval shall be based on compliance with the following criteria:
(5) The proposal complies with all of the following standards:
(j) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 17 . Subsection (4)(j) of Section 9.8445 of the Eugene Code, 1971, is amended
to provide as follows:
9.8445 Site Review Approval Criteria- Needed Housing The planning director shall
approve, conditionally approve, or deny the site review application. Unless the
applicant elects to use the general criteria contained in EC 9.8440 Site Review
Approval Criteria - General where the applicant proposes needed housing, as
defined by the State statutes, the planning director shall approve or approve with
Ordinance - Page 10 of 12
conditions a site review based on compliance with the following criteria:
(4) The proposal complies with all of the following standards:
(j) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 18 . Subsection (10)(h) of Section 9.8515 of the Eugene Code, 1971, is amended
to provide as follows:
9.8515 Subdivision, Tentative Plan Approval Criteria - General The planning director
shall approve, approve with conditions, or deny a proposed subdivision. Approval,
or approval with conditions shall be based on compliance with the following criteria:
(10) The proposed subdivision complies with all of the following unless specifically
exempt from compliance through a code provisions applicable to a special
area zone or overlay zone:
(h) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 19 . Subsection (3)(k) of Section 9.8520 of the Eugene Code, 1971, is amended
to provide as follows:
9.8520 Subdivision, Tentative Plan Approval Criteria- Needed Housing The planning
director shall approve, conditionally approve, or deny the subdivision application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
Subdivision, Tentative Plan Approval Criteria- General where the applicant
proposes needed housing, as defined by the State statutes, the planning director
shall approve or approve with conditions a subdivision based on compliance with
the following criteria:
(3) The proposed subdivision complies with all of the following, unless specifically
exempt from compliance through a code provision applicable to a special area
zone or overlay zone:
(k) EC 9.6791 through 9.6797 regarding stormwater flood control, quality,
flow control for headwaters area, oil control, source control, easements,
and operation and maintenance.
Section 20 . The findings set forth in Exhibit A attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 21 . The City 'Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
Ordinance - Page 11 of 12
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Section 22 . If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 23 . Notwithstanding the effective date of Ordinances as provided in the Eugene
Charter of 2002, this Ordinance shall become effective on March 1, 2014.
Passed by the City Council this
13th day of January, 2014
Approved by the Mayor this
l5'� day of January, 2014
6 ,6 �) 1 ,a
City Recorder
le'� "",
ayor
Ordinance - Page 12 of 12
Exhibit A to Ordinance No. 20521
Adoption of Code Amendments: Eugene Code Section 9.8065 requires that the following
criteria be applied to a code amendment:
(1) The amendments are consistent with applicable statewide planning goals adopted by the
Land Conservation and Development Commission.
Goal 1 - Citizen Involvement To develop a citizen involvementprogram 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 insure the opportunity for
citizens to be involved in all phases of the planning process and encourage such involvement. The
action taken did not amend the citizen involvement program.
Staff notified interested parties, the Lane County Homebuilders, Eugene's Neighborhood Leaders
Council, Long Tom Watershed Council, and the Eugene Chamber of Commerce of the proposed
stormwater management code amendments and offered to meet with them individually to clarify the
proposal and answer questions. To date, no one has asked for additional information.
In an effort to ensure the information and status would be available, staff established a website that
holds the proposed amendments, time schedule, and instructions on how to become involved.
The City of Eugene land use code implements Statewide Planning Goal l by requiring that notice of
the proposed amendments be given and public hearings be held prior to adoption. Consideration of
this ordinance will begin with a Eugene Planning Commission work session held on March 25, 2013.
On May 14, 2013, a public hearing was held before the Eugene Planning Commission on the
proposed amendments. Department of Land Conservation and Development notice, notice to
interested parties and newspaper publication was provided for that hearing. The City Council held a
duly noticed public hearing on December 9, 2013, to consider approval, modification, or denial of
the proposed ordinance. These processes afford ample opportunity for citizen involvement
consistent with Goal 1.
The process for adopting the amendments complies with Goal 1 since it is consistent with, and will
not change, the City's existing and acknowledged citizen involvement provisions.
Goal 2 -Land Use Planning To establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land and to assure an adequate factual basis for
such decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria that are used in considering these
amendments to the code. The record shows that there is an adequate factual base for the
amendments.
Exhibit A to Ordinance No. 20521 1 of 10
Findings of Consistency
Goal 2 requires that plans be coordinated with the plans of affected governmental units and that
opportunities be provided for review and comment by affected governmental units. The Goal 2
coordination requirement is met when the City engages in an exchange, or invites such an exchange,
between the City and any affected governmental unit and when the City uses the information
obtained in the exchange to balance the needs of the citizens. These amendments do not affect any
other governmental units.
There are no Goal 2 exceptions required for these amendments. Therefore, the amendments are
consistent with Goal 2.
Goal 3 - Agricultural Lands To Preserve Agricultural Lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Goal 3 does not apply.
Goal 4 - Forest Lands To conserve forest lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for forest use. Therefore, Goal 4 does not apply.
Goal 5 -Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space
and protect natural and scenic resources.
OAR 660 - 023 - 0250(3) provides:
Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only
if
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land
use regulation adopted in order to protect a significant Goal 5 resource or to address
specific requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5
resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted
demonstrating that a resource site, or the impact areas of such a site, is included in the
amended UGB area.
The amendments do not create or amend the City's list of Goal 5 resources, do not amend a code
provision adopted in order to protect a significant Goal 5 resource or to address specific requirements
of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site
and do not amend the acknowledged UGB. Therefore, Statewide Planning Goal 5 does not apply.
Exhibit A to Ordinance No. 20521 2 of 10
Findings of Consistency
Goal 6 - Air, Water and land Resource Quality To maintain and improve the quality of the air,
water and land resources of the state.
Goal 6 addresses waste and process discharges from development and is aimed at protecting air,
water and land from impacts from those discharges. This goal requires that local comprehensive
plans and implementing measures to be consistent with state and federal regulations on matters such
as groundwater pollution.
The proposed amendments to Eugene's Stormwater Development Standards are one component of
the larger Stormwater Program initiated by the Department of Environmental Quality (DEQ)'s
approval of the City's National Pollutant Discharge Elimination System ( NPDES) permit. The City's
NPDES Stormwater permit, first issued in 1994 by DEQ, and subsequently re- issued in March 2004
and December 2010, includes measures which, in total, fulfill the applicable Clean Water Act
requirements for large municipalities over 100,000 in population.
The City's December 2010 NPDES Stormwater permit requires that the City continue to implement
their post - construction stormwater pollutant and runoff control program. Additionally, the 2010
permit requires that, by January 1, 2014, the City's program as it applies to new development and
redevelopment projects that create or replace 1000 sq. ft. of impervious surface: 1. Incorporate site -
specific management practices to mimic natural surface or predevelopment hydrologic functions as
much as practicable, optimizing on -site retention; 2. Reduce site specific post - development
stormwater runoff volume, duration and rates of discharges to the municipal separate storm sewer
system to minimize hydrological and water quality impacts from impervious surfaces; 3. Prioritize
and include implementation of Low - Impact Development, Green Infrastructure or equivalent
planning, design and construction approaches; and, 4. Capture and treat 80% of the annual average
runoff volume, based on a documented local or regional rainfall frequency and intensity.
Current stormwater development standards require locating, designing, constructing, and maintaining
stormwater facilities applicable to the development of new and replaced impervious surfaces to
reduce pollutants before discharging runoff from the development site to the city's stormwater
system and that all stormwater runoff from impervious surfaces be discharged to an approved
location. The proposed amendments will further reduce pollutants and mitigate the volume, duration,
time of concentration and rate of stormwater runoff to the city stormwater system.
More specifically, the proposed amendments for stormwater management will implement a best
management practices (BMP) hierarchy of on -site stormwater management techniques that
emphasize and promote Low Impact Development and Green Infrastructure approaches which
improve water quality and increase capacity in the city's stormwater system. Low Impact
Development and Green Infrastructure approaches emphasize practices that seek to mimic the site's
hydrology before development, thereby reducing negative effects of stormwater runoff on nearby
rivers, lakes, streams and wetlands.
Exhibit A to Ordinance No. 20521 3 of 10
Findings of Consistency
For the reasons stated above, the amendments are consistent with Goal 6.
Goal 7- Areas Subject to Natural Disasters and Hazards To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis
and wildfires. The Goal prohibits a development in natural hazard areas without appropriate
safeguards. The amendments do not effect the City's restrictions on development in areas subject to
natural disasters and hazards. Further, the amendments do not allow for new development that could
result in a natural hazard. Therefore, Goal 7 does not apply.
Goal 8 - Recreational Needs To satisfy the recreational needs of the citizens of the state and
visitors, and where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non -urban areas of the state. The amendments do not affect
the City's provisions for recreation areas, facilities or recreational opportunities. Therefore, Goal 8
does not apply.
Goal 9 - Economic Development To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to
evaluate the supply and demand of commercial land relative to community economic objectives.
The City's Industrial Lands Inventory is acknowledged for compliance with the requirements of Goal
9 and its Administrative Rule.
The amendments do not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Goal 9.
The stormwater development standards do not render any property unusable for commercial or
industrial uses. The amendments prioritize the selection of stormwater quality facilities in the
following order: infiltration, filtration, off -site stormwater quality management. Applicants that do
not have sufficient land to install infiltration or filtration facilities can provide off -site stormwater
quality management by contributing to the public off -site stormwater quality facilities through the
payment of a higher stormwater system development charge (SDC) adopted as part of the City's
system development charge methodology. Payment of a higher SDC to fund off -site stormwater
quality management capital projects in lieu of constructing private on -site infiltration and filtration
facilities does not restrict any buildable land area. An applicant demonstrates insufficient land area
by submitting a report setting forth the required size of the smallest infiltration or filtration facility
needed for the development's impervious surface area and a site plan demonstrating that an approved
infiltration or filtration facility cannot be located on the development site without reducing the size
Exhibit A to Ordinance No. 20521 4 of 10
Findings of Consistency
of the proposed development which is otherwise consistent with all other applicable lot and
development standards.
Considering this provision in the stormwater development standards, the application of these
amendments to a property zoned and designated for commercial or industrial use will not result in a
diminution in the area's supply of commercial or industrial land. Additionally, the code provisions
allowing an applicant to adjust some of the standards are not being amended. Therefore, these
amendments are consistent with Goal 9.
Goal 10 - Housing To provide for the housing needs of citizens of the state.
The amendments do not impact the supply of residential lands. Therefore, the amendments are
consistent with Goal 10. The stormwater development standards do not render any property unusable
for residential uses. As noted above, while the amendments prioritize infiltration and filtration
stormwater quality facilities over off -site stormwater quality management, applicants demonstrating
insufficient land area for use of the infiltration and filtration options can pay a higher SDC to fund
public off -site facilities in lieu of constructing an on -site treatment facility. An applicant
demonstrates insufficient land area by submitting a report setting forth the required size of the
smallest infiltration or filtration facility needed for the development's impervious surface area and a
site plan demonstrating that an approved infiltration or filtration facility cannot be located on the
development site without reducing the size of the proposed development which is otherwise
consistent with all other applicable lot and development standards.
Considering this provision in the stormwater development standards, the application of these
regulations to a property zoned and designated for residential use will not result in a diminution in
the area's supply of residential land. Therefore, these amendments are consistent with Goal 10.
Goal 11- Public Facilities and Services To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The Eugene - Springfield metropolitan area has an acknowledged Public Facilities and Services Plan
(PFSP). The PFSP describes the public stormwater facilities necessary to support that land uses
designated in the Eugene - Springfield Metropolitan Area General Plan (Metro Plan) within the urban
growth boundary. These amendments are consisted with the adopted Eugene - Springfield Metro Area
PFSP. Further, these amendments do not effect the City's provision of any public facilities and
services, including stormwater facilities and services. Therefore, Goal 11 does not apply.
Goal 12- Transportation To provide and encourage a safe, convenient and economic transportation
system.
Goal 12 is implemented through the Transportation Planning Rule (TPR). The Eugene - Springfield
Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through
which the TPR is enacted at the local level.
Exhibit A to Ordinance No. 20521 5 of 10
Findings of Consistency
The Transportation Planning Rule (OAR 660 - 012 -0060) states that land use changes that
significantly affect a transportation facility shall require mitigation measures to address the
anticipated impacts. The rule states that:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing or
planned transportation facility, then the local government must put in place measures
as provided in section (2) of this rule, unless the amendment is allowed under section
(3), (9) or (10) of this rule. A plan or land use regulation amendment significantly
affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period identified
in the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would demonstrably
limit traffic generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the significant
effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such
that it would not meet the performance standards identified in the TSP or
comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP or
comprehensive plan.
Adoption of these amendments will not change the functional classification of an existing or planned
transportation facility. Nor will it change standards implementing a functional classification system.
Further, it will not allow types or levels of land uses which would result in levels of travel or access
which are inconsistent with the functional classification of a transportation facility or reduce the
performance standards of any facility. Therefore, Goal 12 is not implicated by these amendments.
Goal 13 - Energy Conservation To conserve energy.
The amendments do not impact energy conservation. Therefore, Goal 13 does not apply.
Exhibit A to Ordinance No. 20521 6 of 10
Findings of Consistency
Goal 14 - Urbanization To provide for an orderly and efficient transition from rural to urban land
use.
The amendments do not affect the City's provisions regarding the transition of land from rural to
urban uses. Therefore, Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette
River as the Willamette River Greenway.
The Willamette River Greenway area within the Eugene Urban Growth Boundary is governed by
existing local provisions which have been acknowledged as complying with Goal 15. Those
provisions are unchanged by these amendments. Therefore, Goal 15 does not apply.
Goals 16 -19 Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean resources.
These Statewide Planning Goals do not apply to the actions taken.
(2) The amendments are co_ nsistent with applicable provisions of the Metro Plan and applicable
adopted refinement plans.
The proposed code amendments add regulations to the Land Use Code with the intent of protecting
life and property from flood and drainage hazards, reducing the impacts that urbanization is having
on the City's water quality, and protecting waterways from erosive affects of increases in stormwater
runoff. Additionally, the proposed code amendments refine the City's current stormwater
management code provisions in an effort to further reduce pollutant loading to receiving waters from
developed areas. The proposed amendments require development applicants to select stormwater
quality facilities from the Stormwater Management Manual based on the following priority order:
infiltration, filtration, off -site stormwater quality management. Each of these priorities is described
below:
1. Infiltration: On -site infiltration facilities (i.e. stormwater planters and rain gardens) reduce
pollutants and mitigate the volume, duration, and time of concentration and rate of stormwater
runoff.
2. Filtration: On -site filtration facilities (i. e. stormwater planters, rain gardens, vegetative and grassy
swales, and filter strips) reduce pollutants and mitigate a portion of the volume, duration, and time of
concentration and rate of stormwater runoff.
3. Off-Site Stormwater Quality Management: Public off -site infiltration and filtration treatment
facilities designed and constructed utilizing stormwater system development charges collected from
development applications that are not able to construct private infiltration or filtration due to site
constraints.
Exhibit A to Ordinance No. 20521 7 of 10
Findings of Consistency
Prioritizing the available stormwater quality facilities in a hierarchical order in which infiltration and
filtration are prioritized above off -site stormwater quality management, while still allowing off -site
treatment when site conditions or the desired development of the site renders infiltration and
filtration facilities impractical will: (1) facilitate (and encourages) a development's incorporation of
site - specific management practices that mimic natural surface or predevelopment hydrological
functions as much as practicable, optimizing on -site retention based on site conditions; (2) result in
reduced site specific post- development stormwater runoff, volume, duration and rates of discharge to
the municipal separate storm sewer system (MS4), thereby minimizing hydrological and water
quality impacts from impervious surface; (3) encourage and facilitate the applicable and practical
uses of low- impact - development or green infrastructure, while allowing other stormwater quality
management techniques then use of these approaches is impractical; (4) further the intent to capture
and treat 80% of the annual average runoff volume; and, (5) encourage design and implementation
techniques intended to minimize impervious surfaces and reduces stormwater runoff.
• Metro Plan Policies -The above - described stormwater development standards are consistent with
the following Metro Plan Policies:
Environmental Resources Element:
18. Local governments shall develop plans and programs which carefully manage development on
hillsides and in water bodies, and restrict development in wetlands in order to protect the scenic
quality, surface water and groundwater quality, forest values, vegetation, and wildlife values of
those areas.
21. Local government shall continue to monitor, to plan for, and to enforce applicable air and water
quality standards and shall cooperate in meeting applicable federal, state, and local air and water
quality standards.
25. Eugene shall maintain and improve and Springfield shall adopt hillside development regulations.
Public Facilities and Services Element - Services to Development Within the Urban Growth
Boundary: Stormwater
G.13 Improve surface and ground water quality and quantity in the metropolitan area by
developing regulations or instituting programs for stormwater to:
a. Increase public awareness of techniques and practices private individuals can employ to
help correct water quality and quantity problems;
b. Improve management of industrial and commercial operations to reduce negative water
quality and quantity impacts;
c. Regulate site planning for new development and construction to better manage pre- and
post - construction storm runoff, including erosion, velocity, pollutant loading, and drainage;
d. Increase storage and retention and natural infiltration ofstorm runoff to lower and delay
peak storm flows and to settle out pollutants prior to discharge into regulated waterways;
Exhibit A to Ordinance No. 20521 8 of 10
Findings of Consistency
e. Require on -site contracts and development standards, as practical, to reduce off -site
impacts from stormwater runoff,
f. Use natural and simple mechanical treatment systems to provide treatment for potentially
contaminated runoff waters;
g. Reduce street- related water quality and quantity problems;
h. Regulate use and require containment and /or pretreatment of toxic substances;
i. Include containment measures in site review standards to minimize the effects of chemical
and petroleum spills; and
j. Consider impacts to ground water quality in the deign and location of dry well.
G.14 Implement changes to stormwater facilities and managementpractices to reduce the presence
of pollutants regulated under the Clean Water Act and to address the requirements of the
Endangered Species Act.
G.15 Consider wellhead protection areas and surface water supplies when planning stormwater
facilities.
G.16 Manage or enhance waterways and open stormwater systems to reduce water quality impacts
from runoff to improve stormwater conveyance.
G.17 Include measures in local land development regulations that minimize the amount of
impervious surface in new development in a manner that reduces stormwater pollution, reduces the
negative affects from increases in runoff, and is compatible with Metro Plan policies.
Refinement Plan Policies — The above - described stormwater development standards are
consistent with following refinement plan policies:
Comprehensive Stormwater Management Plan Policies:
1.1 Incorporate the beneficial functions (flood control, stormwater conveyance, water quality
treatment) of natural resources into the city's storm drainage system.
1.2 Maintain flood control, drainage, and water quality treatment capacities along the city's
stormwater conveyance corridors while protecting and enhancing the health, diversity and
continuity for wildlife habitat, native vegetation, and endangered species.
1.6 Balance the operational needs of managing natural resource and wildlife habitat areas
against any associated nuisance conditions that may result.
1.8 Evaluate the effectiveness and appropriateness of a variety of surface water management
facilities for meeting the multiple objectives of this plan.
2.1 Meet or exceed federal flood hazard requirements.
Exhibit A to Ordinance No. 20521 9 of 10
Findings of Consistency
2.2 Protect adjoining land uses from flood and drainage hazards.
2.3 Maximize the capacity of existing stormwater facilities especially where deficiencies exist by
encouraging the use of techniques that lower and slow the rate of stormwater runoff.
3.1 Meet or exceed federal and state stormwater quality requirements especially where they
conform with existing local policy.
3.3 Reduce stormwater pollution associated with new construction and development, soil
erosion, improper use of stormwater facilities, and city operations and maintenance practices.
3.4 Evaluate the effectiveness of stormwater quality management measures.
4.1 Maintain the stormwater system through techniques and practices that balance flood control,
drainage services, water quality, and natural resource protection needs.
Willakenzie Area Plan Policies Public Facilities and Services Element — Natural Drainage
I Encourage development practices that reduce the need for construction of an extensive
subsurface storm sewer system.
2. Encourage growth and development patterns that are compatible with natural features and
discourage the alteration of natural features. Relocation of natural drainage features may be
considered as an alternative to replacement with a closed pipe system.
3. Encourage measures that will improve the quality the storm -water runoff discharge into local
waterways.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special
Area Zone, in the case of establishment of a special area zone.
The proposed amendments do not establish a special area zone. Therefore, this criterion does not
apply to these amendments.
Exhibit A to Ordinance No. 20521 10 of 10
Findings of Consistency