HomeMy WebLinkAboutOrdinance No. 20249
ORDINANCE NO. 20249
AN O~INANCE CONCEDING LAND USE ~GULATIONS;
~AD@?TING AND AMENDING PORTIONS OF O~INANCE NO. 20224;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
The City Council of t&e City of Eugene finds that:
A. On February 26, 2001. Ordinance No. 20224 was passed by the City' Council and
approved by the Mayor, adopting a new land use code for the City (Chapter 9 of the Eugene Code,
1971 )~ Section 7 of that Ordinance was subsequently amended on May 29, 2001 by Ordinance No.
20229 to provide an effective date of August 1, 2001, for Ordinance No. 20224. Some corrections
and rninor amendments to some provisions of Chapter 9 were effected by Ordinance No. 20235
passed by the City' Council and approved by the Mayor on October 8,2001 and Ordinance No. 20238
passed by the City' Council and approved by the Mayor on December 10, 2001.
B. The adoption of Ordinance No. 20224 was appealed to the Land Use Board of
Appeals (LUBA) on March 19, 2001. On February 28, 2002, LUBA issued its decision remanding
the adoption of Ordinance 20224 back to the City. LUBA's remand of the new land use code was
based on its determinations that: 1) some sections contain standards or criteria for "needed housing"
applications which are not "clear and objective." 2) some sections decrease or increase the level of
protection for areas on the City' s acknowledged Goal 5 inventory but the City has not yet shown that
those changes are consistent with Statewide Planning Goal 5; and 3) some sections could decrease
the Ci~'s supply of commercial, industrial or residential land but the City has not yet shown that
those sections are consisren~ with Statewide Planning Goals 9 or 10. The effect of LUBA's remand
is to render Ordinance No. 20224 ineffective.
Ordinance- 1
In response to LUBA' s remand, the City will be adopting a series of ordinances which
address issues raised by the LUBA remand. Together, the ordinances will result in the readopfion
of the provisions of Ordinance Nos. 20224, 20235, and 20238 with deletions and changes necessary
to comply with LUBA's ruling and the reinstatement of some provisions from the old
(acknowledged) land use code ro fill in regulatory gaps caused by such deletions.
The City held a public hearing on April 8, 2002, to receive comments on the
ordinances (Ordinance 1 [this Ordinance], Ordinance 2. and Ordinance 3). Notice of this public
hearing was mailed to the parties of the LUBA appeal. Testimony' was accepted from anyone, but
was limited to those issues on remand from LUBA.
in the series of ordinances described in Recital C.
These three ordinances are to be the first three
This Ordinance makes revisions required by
LUBA by: 1) deleting standards or criteria that could have been applied to "needed housing" but that
were not "clear and objective~ or by limiting the application of those standards to applications that
do not propose needed housing; 2) deleting standards that decrease or increase the level of protection
for areas on the City's acknowledged Goal 5 inventory, or limiting the application of those standards
to areasthat are not included on the CiE¥~s acknowledged Goal 5 inventory; and 3) deleting sections
that could decrease the City's supply of commercial, industrial or residential land.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section L Based upon the above findings, Ordinance No. 20224, as corrected for scrivener
errors and as amended by' Ordinance No. 20235 and Ordinance No. 20238, is hereby readopted,
except as amended below.
Ordinance - 2
Section 2. Section 9.0500 of the Eugene Code, 1971, is amended by deleting the definition
of "Response Time" therefrom.
ectmn 3. Section 9.2510 of the Eugene Code, 1971, is amended ro provide:
%2510 Nat. ural Resource Zone Siting_~Requirements~ If consistent with the approval
criteria in EC 9.8865 Zon~ Chan~pProval _C'.riteria, the NR zone may be applied to
wetlands~ water features and other natural areas that are:
(1) Not included on the cit.v's acknowledged Goal 5 inventory and are:
(a) Recognized as a locally outstanding natural resource area in an adopted
plan; or
(b) Less than 5 acres in size arid providing habitat for a federally listed rare,
threatened, or endangered plant or animal species; or
(c) Less ~(han 5 acres in size and serving at least 2 of the natural functions and
values listed in EC 9.2500 Purp~ose ofNR Na..tural Resourg¢ Zone.
(2) tncluded on the city's acknowledged Goal 5 inventory and are designated as
"wetlands to be protected" or "wetlands to be enhanced for mitigation credit" on
Map 3 of the adopted West Eugene Wetlands Plan and acquired by a public
agency or non-profit conservation organization.
Section 4_~ Subparagraphs (3)(c)3. and (4)(g) of Section 9.2520 of the Eugene Code, 197 t,
are amended, and Subsection (4)(h) is deleted, to provide:
9.252~
Natural Resource ZoneLa_nd Use and Permit Requirements. The provisions of
the NR zone do not exempt a person or property from state or ~bderal laws and
regulations that protect water quality, wetlands, or other natural areas. In cases where
the NR zone overlaps with the/WB wetland buffer overlay zone or the/WP waterside
protection overlay zone, only the provisions of the NR zone are applied.
(3) Uses Subject to Standards Review Approval. The following uses are
permitted within the NR zone subject to the standards review process beginning
with EC 9.8460 Purpose of Standards Review:
(c)
Construction of stormwater quality treatment facilities that use
biofiltration methods, such as shallow grassy swales, constructed
wetlands, and sedimentation ponds, and do not include adding impervious
surfaces. Subject to EC 9.2530 Natural Resource Zone Development
Standards (2) through (9). As used in this subsection:
In areas not included on the city's acknowledged Goal 5 inventory,
structures tbr the control of water are not considered impervious
surfaces for the purposes of this section.
Ordinance - 3
(4) Uses and Practices Prohibited. Uses and practices that are not specifically
allowed under EC 9.2520 _Natural Resource ZoNe Lan~d Us .e_gnd Permit~
Dents subsections (1), (2), or (3) and that would adversely affect water
quality or damage wildlife habitat, are prohibited within the NR zone, including,
but not limited to, the following:
Filling, grading, excavating, deposition of soils imported from off-sire, and
application of chemical herbicides, pesticides and fertilizers are prohibited
unless they:
Are directly related to a use permitted in this zone,
2. Address an imminent threat to public health and safb~t, or
3. Result in enhancement of water quality, and enhancement or
maintenance of stormwater conveyance capacity, flood control
capacity, groundwater discharge and recharge capacity and wildlife
habitat.
Section__5, Subsections (2)(b)and (2)(f)of Section 9.2530 of the Eugene Code, 1971. are
amended, and a new Subsection (20) is added thereto, to provide:
9.253{}
Natural R~ource Zone Develo andards. In addition to applicable
provisions Contained elsewhere in this code, the development standards listed in this
section shall apply to development in the NR zone, as specifically provided in EC
9.2520 N~atuml Resource Z Use Requirements. in cases of
conflict, the standards specifically applicable in the NR zone shall apply.
(2) Vegetation Removal:
For areas not included on the city's acknowledged Goal 5 inventory,
removal of vegetation shall be the minimum necessary for the proposed
use and shall avoid removal of native vegetation to the extent practicable,
For areas included on the city's acknowledged Goal 5 inventory,, removal
of vegetation shall be the minimum area of native vegetation necessary i%r
approved uses or conditional uses or uses allowed by an exception as
specified in sections 9.4760 and 9.4850.
For areas not included on the city's acknowledged Goal 5 inventory, the
provisions o£EC 6~815 Obnoxious~etation-Definitions~
Abateme~ through EC 6.845 Obnoxious - En~brce
of Duties do not apply to the provisions o£this section, with
regard to the removal of 'vegetation and mowing.
Noise. For inventoried sites that received a Wildlife Habitat Rating of greater
than 60 in the Metropolitan Natural Resources Inventory (Lev. 1990) and sites
Ordinance ~ 4
designated as high value wetlands in the wetland buffer provisions of this code,
noise generated by uses within the NR zone and the wetland buffer overlay zone
(as measured at the wetland boundary) and within the waterside protection
overlay zone (as measured at the top of the high bank) shall not exceed the
fbllowing standards:
(a) Maximum sound emissions shall not exceed equivalent sound pressure
levels in decibels, A-Weighted Scale, ibr any one hour as stipulated in
subsection (b) of this section. Equivalent sound pressure level (Leq) is a
measure of the sound level for any one hour. k is the energy average of all
the various sounds emitted fi:om the source during the hour. A-Weighted
Scale is used to adjust sound measurements to simulate the sensitivity of
the human ear.
{lb) Maximum one-hour equivalent sound pressure levels:
A-Weighted (dBa)
~eceiv~ Propertz_Residential Broad Zone Catego~
Time of~ Level
7 am ~ 10 pm 57
10 pm - 7 am 50
(c) Noiseaof short duration. For noises of short duration or impulsive
character, such as hammering, maximum one-hour sound pressure levels
permitted beyond the property of origin shall be seven decibels less than
those listed in subsection (b).
(d) 'N0~i.ses of unusual pe_rriodic character. For noises of unusual periodic
character, such as humming, screeching, and pure tones, the tbllowing
median octave band sound pressure levels, as required by the Department
of Environmental Quality, shall not be exceeded beyond the property of
origin when the receiving property is in the NR zone:
Median Octave Band Sound Pressure i[,evels
Octave BaCd Center
Frequen_qcy, Hz 7amq0pm l_~m-7am
31.5 68 65
63 65 62
125 61 56
250 55 50
500 52 46
1.000 49 43
2,000 46 40
4,000 43 37
8,000 40 34
Ordinance - 5
(e) . Local noise standards set forth in this section do not apply to
the fbllowing situations:
1. Emergency equipment operated on an irregular or unscheduled basis.
2. Warning devices operated continuously for no more than 5 minutes.
3. Railroad equipment when subject to federal or state regulations.
4. Bells, chimes, or carillons.
5. Non-dectronically amplified sounds at sporting, amusement, and
entertainment events.
6. Construction site sounds, except that they shall be confined to 7 a.m.
through 7
7. Lawn and plant care machinery fitted with correctly functioning
sound suppression equipment and operated between 7 a.m and 9
p.m.
8. Aircraft when subject to federal or state regulations.
9. Agricultural equipment operated between 7 a.m. and 7 p~m.
(0 Exc . Upon written application from the owner or operator of an
industrial or commercial noise source, the city' manager or the manager%
designee may authorize or conditionally authorize exceptions to local
no,se emission standards in the fbllowing situations:
Infrequent noise.
2. Noise levels at or anywhere beyond the property lines of the property
of origin when exceeded by an exempt noise, as listed in subsection
(d) above, in the same locatiom
3. Noise levels on property owned or controlled by the person
generating the noise.
4. If after applying reasonably available control technology, a use
existing as of January 27, 1982~ is unable to conform to the standards
established by this section.
Exception applications shall be filed at the city's permit and infbrmation
center on a form prescribed by the city manager~ and shall be accompanied
by a fee as established by the city manager pursuant to EC 2.020 City
Mona rity to Set Fee~s and Charge.
Section 6. Section 9.2610 of the Eugene Code, 1971, is amended by adding a new
Subsection (3), to provide:
9.26t0
Psrk, Recreation a~en Snace Zone S~ Re{lnirements. In addition to the
approval criteria in EC 9.~865 ~one Chan rove. Crit e following siting
requirements apply:
(3) The PRO zone shall not be applied to an area on the city's acknowledged Goal 5
inventory unless it is determined that any change in the level of protection
afforded the resource by the PRO zone is consistent with the acknowledged
Ordinance - 6
level of protection for the resource.
Secti_on 7. Section 9.2681 ofthe Eugene Code, 1971, is amended to provide:
9.268I Public Land Zone Al>plicabilit¥ and Sitin~ Requirements.
Plicabili¢] 3~e P{~is~Ons of 9 26~0 th~ou~ 9.~687 are applicable only to
on the city's acknowledged Goal 5
. For areas zoned PL which are included on the city's acknowledged
m entory, sectmns 9.400 through 9.404 of the c~ty s land use code in
references therein, shall apply.
: approval criteria in EC 9.8865 Zone
ect site must be land owned solely by a
agency or a non-profit organization established primarily to provide
public uses listed in EC 9.2682(t). When public land ~s sold [br private
development, the property shall be rezoned according to the procedures ~br zone
changes beginnin~ with and following section 9.8850 Purpose of Zone Cha~g~.
Section~. The first paragraph of Section 9.4710 of the Eugene Code, 1971, is amended to
Provide:
9.4710 . The/WP overlay zone applies to all property to which the/WP
overlay zone has been applied through the city's rez~nii~g Process~
Section 9. Section 9.47t5 of the Eugene Code, 1971, is amended to provide:
%4715 /WP Waterside Protection Overlay Zone Sitin~ Recmi . The/WP overlay
zone applies to streams, rivers, ch~els, ponds a~d ot~er water features and adjacent
areas that meet the approval criteria of EC 9.8865 and that are specified for protection
in an adopted plan~ as described in EC 9.4720.
Section 10. The first paragraph, and Subsections (1) and (2)(b) of Section 9.4720 of the
Eugene Code, 1971, are amended to provide:
9.4720 Waterside Protection Areas, /WP areas consist of 3 component areas: the area
w~thin the channel banks, the setback area. or any riparian area that extends landward
beyond the setback (defined below). Areas developed prior to May 24, 1995, are
excluded from/WP areas. For purposes of this section, development means buildings
or other substantial structures, including paved or gravel parking areas. For purposes
of this section, fences and landscaping do not constitute "developmenf' to warrant
exclusion from the/WP overlay zone. Graded and graveled areas are exempt under
these provisions only when they were constructed prior to May 24, 1995~ and only if
they were constructed as an essential component of the development of the site. The
Ordinance - 7
3 components of the/WP area are described and defined as follows:
(1) The area within the channel limits of a water f~ature (from top of high bank to
top of high b~). For a given stream, river, or channel~ the top of the bank is
the highest point at Which the bank meets the grade of the surrounding
topography~ characterized by an abrupt or noticeable change f~om a s~eeper
grade t(; a less steep grade~ ~md, whe;e natural conditions t;revail~ by a
noticeable change ~r(;TM topograPhy or vegetation primaril~ shaped ~y the
presence and/or movement of the water to topography not primarily shaped by
the Presence of Water. Where there is more than one such break in the grade, the
uppermost shall be considered the top of the high bank~
(2) Buffer setback areas are measured horizontally ~om the top of the high bank or
from the line of ordinary high water. The planning dkector shall determine
whether the buffer is measured from the top of the high bank or from the line of
ordinary high water.
(b) If the top of the high bank is not identifiable, the buffer set'backs are
measured horiZontally from the line of ordinary high water. In a given
stream, pond, or other water body, the line of ordinary high water is the
line on {he bank or shore to which seasonal high wat;r ri~es annually.
Identified in the field by physical characteristics that include one or more
of the following:
1. A clear, natural line impressed on the bank.
2~ Changes in the characteristics of soils.
3. The presence of water-borne litter and debris.
4. Destruction of terrestrial vegetation.
If reliable water level data are a-vaildbl~ for 3 or more consecutive previous
years, the line of ordinary high water can be considered the mean of the highest
water level for all years ibr which data is available. Buffer setback distances
measured fi~om the line of ordinary high water are as follows:
Minimum Buffer Setbacks i¥om Ordina~ High Water
Water feature Buffer setback
Perennial. within floodway 75 feet
Perelmial, outside floodway 50 feet
Intermittent or seasonal 25 feet
Section 11. The first paragraph and Subsections (2), (5), and (6} of Section 9A740 of the
Eugene Code, 1971, are amended~ to provide:
Prohibited Pra~i~ges_. Practices that are not specifically allowed, and that wcmld
adversely affect Water quality or damage wildlife habitat, are prohibited within/WP
areas. Prohibited praCtices include the following:
Ordinance - 8
Depositing~ dumping, piling or disposal of refuse, or dumping~ piling~ disposing
or composting of Yard debris, fill, Or other material except for single family
reside~ial cb~posting~ which must be kept at least i 0 f~et l~¥om t~e top oi; the
ba~k of any wa~er fbature, and soils or soil amendments used ifbr rePla~lting in
accordance with provisions of this section.
(5) For areas not on the city's acknowledged Goal 5 inventory, removal or
destruction of rare, threatened or endangered plant specie}, tm. leSs a
conservation plan for the affected species is submitted by the applicant and
apProved by t~e plarming director, in conjunction with the Orek~n Departmem
of Agriculture and the U.S. Fish and Wildlife Service.
(6) Filli~g, grading, excavating, and the application of chemical herbiCides~
pesticides and ~ertilizers a~ prohibite~i unless they:
(a) Are directly related to ~ use permitted in the Waterside protection area~
(b) Address an i~inent threat to public health and safety, or
(c) Result in enhancement of water quality, and enhancement or maintenance
of stormWater conveyance capacity, flood control capacity, groUndwater
discharge and recharge capacity and wildlife habitat~
Section 12, Subsection (3) of Section 9.4760 of the Eugene Code, 1971~ is deleted.
9.4815
provide:
%4828
Sgetion 13. Section 9.48t5 of the Eugene Code, 1971~ is amended to provide:
/WB Wetland Buffer Overlay Zone Siting Requirements. The/WB overlay zone
applies to property adjacent to wetlands identified for Protection in the Wes~ Ecg~ge
Wetlands Plan that meet the approval criteria of EC 9.8865~
Section 14. The first paragraph of Section 9.4820 ofthe Eugene Code, 1971. is amended to
gories
scs
exclusion from the/WB overlay zone.
only when they were
and only if they were constructed as an essential
Ordinance ~ 9
component of the development of the site. /WB areas are based on the follov, Sng:
g~!5. Subsection (2)(a)5. of Section 9.4830 of the Eugene Code, 1971, is amended~
and anew raPh (2)(d) is added thereto, to provide:
9,483{) /WB Wetland B rlay~ Zone Land~_~ Use and Permit, Re uirements~ Within
the/WB overlay zone, there are 2 categories of uses: those allowed by the base zone
or sPecial area zone outside of the/W]~ area, and a more restrictive list of uses
allowed wSthin the/WB area.
(2) Within/WB Areas:
(a) itted Outrig~ht. The following uses are permitted within/WB
areas, subject to the provisions in EC 9.4840 Prohibited Practices:
5. Maintenance of existing utility easements to maintain access and
promote safety, as required by local policies, state and federal
regulations, and intergovernmental agreements.
(d) Review l~rocess.. For areas on the city's acknowledged Goal 5 inventory,
all development proposed within the wetland buffer sub-district shall be
reviewed in accordS~ce with Type II procedures except when the applicant
can clearly show that proposed ~evel~)pment will oCc[~r completely (}utside
of the largest applicable Wetland buffer area. This site Plan ~ppro;qal shall
be based upon cOnfyrmance With the Natural Resource Zone Development
Standards at EC 9.2530.
Section 16.. A new Section 9.6010, is addedto the Eugene Code, 1971, to provide:
9.6010 A_A~_~ placations Pro~os~na Ne .
(1)~ As Used in ~C ch~ter 9.6000, the te~ ';applications proposing needed
housingS' includes:
(a) ApPlications that are proceeding (or have proceeded) trader EC 9.8100,
9.8220, 9.8325, 9.84~5, or 9.8550; or
(b) Applications for development permits fbr uses pe~itted outright in the
subject zone if the applicant has demonstrated that the proposed housing is
needed housing as d~hned by state statutes.
(2) The term does not iri~lude an application that could have proceeded under EC
9.8100, 9.8220, 9.8325, 9.8445, or 9.8520, bm the applic~t elected to proceed
under the discretionary approval process~
Secti{m !7. Section 9.6220 of the Eugene Code. 1971, is amended, to provide:
9.622{) and Maintenanc~e. Except for apphcations proposing needed housing,
Ordinance- 10
installed
current nurser>, industry standard, s~ including
required landscape areas soils shall extend to the
shall be properly supported to ensure survival. Support
or stakes shall not interfbre with vehicular or pedestrian
rtl8.
provide:
%6505
to provide adequate vision clearance,
a healthy and attractive manner. Required shrubs
not be pruned or sheared below thek code~required spread or height.
Subsection (3) of Section 9.6505 of the Eugene Code, 197 t, is amended to
Improvements - Specifications. Ail public improvements shall be designed and
cor~str%ted in accordance With 'adopted plans ar~d policies, the procedur~s specified ira
Chapter 7 of this code, and standards and specifications adopted pursuant to Chapter 7
oftl~is code. Additionally, all developments shall make and be s~rved by the
fbllowing infkastructure improvements:
(3} Streets and Alleys. The developer shall grade and pave all streets and alleys in
the development 'site and, except for appliCatiOns pr;posing needed housing, the
city manager may require the developer to pave s~eets and alleys that are
imcacted by the ~evelopment. All paving shall be to the width specified in EC
9.6879 Street Width and provide for drainage of all such streets and alleys, and
construC~ Curbs and gutters within the development site according to the Design
Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and
and specifications adopted pursuant to Chapter 7 of
to the satisfaction of the
; shall be
to the Design Standards and Guidelines for
' of this code.
Section 19. The first paragraph and Subsection (1) of Section 9.6510 of the Eugene Code,
1971, are amended toprovide:
%6510 Stormwater Draina_g& Except for applications proposing needed housing, the city
manager may require the apPlicant to i~rovide adequate drainage f}~r neTM d~velopment
by constructing storm water drainage facilkies and dedicating to the public easements
approved by the city' as adequate for the drainage needs of the area. provided the city
Ordinance ~ 11
this code.
dedication of easements may be required in any of
~ acknowledged Goal 5 i , where the
open
(b) For areas on the city's acknowledged Goal 5 inventory, where the subject
property in the proI;osed development is or will be pe}iodically subject to
accumulations of surface water or is traversed by anY water cOUrse or
channel.
20~ Subsection (3) of Section 9.6710 of the Eugene Code, 1971~ is amended by
new subsections (~) and (g) thereto~ m provide:
%6710 I and Qeotechn~c~l Analys~s~
(3) Exemptions from Geological and Geotechn[cal Analys~s Requirements~ The
following activities are exempt from the requirements of this section:
(f) Activities on land included on the city's acknowledged Goal 5 invemory.
(g) Development activities that are part (;f an applicati;~ proposing needed
housing.
Section 21. Subsection (4) of Section 9.6715 of the Eugene Code, 197t, is hereby deleted.
n 22. Subsections (3)(d) and (3)(e) of Section 9.6730 of the Eugene Code, 1971, are
deleted.
%6805
23~ Section 9. 6805 of the Eugene Code, 197 I. is amended to provide:
Dedication of development, the ci~ may require
, the
provision for the transportation and access needs of
subject property according to EC 9.0020 e.
Ordinance- 12
provide:
9.6815
Section 24_. Subsection (2) of Section 9.6815 of the Eugene Codes 1971, is amende& to
iviW for Streets~
(2) S feet Connectivity Standards.
(a) All streets and alleys shall be public unless the developer demonstrates
that a public street or alley is ~ot necessary for compli~ce with this land
use comte or the street connectivity standa;~ts of subparagraphs (b) to (g) of
this subsection.
r to the
that is separated from the development site by a
drainage channel, transmission easemenL survey gap, or similar property
related features.
(f) Except for applications proposing needed housing, the requirements of
subP~agrap~ (b) and (c) 0~ this ;ubsection do n;t apply if it is
demonstrated that a connection cannot be made because of the existence of
one or more of the following conditions:
1. physical conditions p;~clude development of the connecting street.
SuCh conditions ma~ include, but are not limited to, topogr~tphy or
likely impact to natural resource areas such as wetland}, ponds,
strems, ~hannels, rivers, lakes or upland wildlife habita~ area, or a
resource on the National Wetland Invento~ or under protection by
state or federal law.
2, Buildings or other existing development on adjacent lands, including
previously subdivided but vacant lots or parcels, physically preclude
a connection n°w or in the future, considering the potential for
redevelopment.
(g) In cases where a required street connection would result in the extension
Ordinance - 13
and the street
section with
The
the
inadequate driving
trai~c
volume.
The standards in this subsection (2) may be adjusted if consistent with the
criteria of EC 9.8030(12)(a) o£ tl~i~ lan~l use c~de.
Section 25. Subsection (2) of Section 9.6820 of the Eugene Code, I971, is deleted,
and (5) are amended, and Subsections (3), (4), (5) and (6) are ren~bered (2), (3),
to provide:
(2)
that terminate shall be designed as a cubde-sac bulb, except when
folloWing conditions exist:
(b) TopOgraphic constraints, existing development, or natural features prevent
th~ c(~nstruction of a bulb, This subsection does not apply to applications
proposing needed housing.
a
(4) longer
Section 26.
amended to provide:
9.6835
EC 9.8030(12)(b) of this land use code.
Subsections (1) and (2) of Section 9.6835 of the Eugene Code, 1971, are
Public Accesswa~.
(1) Except fbr aPPlications proposing needed housing, when necessary' to provide
Ordinance - 14
>y adopted plans, the city
the public and
be
shall conform to design
for Eugene Streets,
>rovide
%6850
~ with constitutional requirements. Said
improvements to unimproved Public accessways shall connect to the closest
PUblic street or developed accessway. Where possible, accessways may also be
employed to accommodate the uses included in EC 9.6500 EaSements.
Section 27. Section 9.6845 of the Eugene Code, 1971, is amended to provide:
heeded housing,
the
and alleys be designed
traffic and encourage their use by
)edestrians, bicyclists~ and residents of the area.
Section 28. Section 9.6850 of the Eugene Code, 1971, is amended to provide:
Street t 999 Street Classification Map adopted
: the basis
order to meet transportation, access, and
and location of
:ation contained in any
other ordinance, resolution, order or plan, excep! local streets in the Eugene Local
Street Ptan, the descriptions in the N~vember 1999 Street ClassifiCatior~ Map shall
control.
S;eetion 29. Subsections (1) and (2) of Section 9.6865 of the Eugene Code, 1971, are
Ordinance - 15
amended to provide:
(2)
a of the
been identified~ provided the city makes
requiremems.
~ where the prove, sion of
right-
Subsections (1)(c) and (2) of Section 9.6885 of the Eugene Code, 1971, are
amended 'to provide:
%6885
Tree Preservation and Removal Standards.
section do not apply to an
(a)
of
000 square feet when:
1. Such parcel is occupied by a one-family dwelling, secondary
dwelling, or dUPlex;
2. An application to Construct a one-family dwelling~ secondary'
dwelling~ or duplex on such lot is being reviewed by the cit~.
Howev~r~ no significant trees may be removed prior to the approval
of the development permit; or
3. The city has entered into an agreement authorizing the start of
construction for a one-family dwelling. secondary dwelling, or
duplex.
(b) Lot. :s 20,000 Square Feet or Lar~. Removal ofup to 5 significant trees
within a period of 12 consecutive months from a parcel of proPerty not
su~bject t° the provisions of subsection (c) of this section consisting of
20,b00 or mor~ square feet of area;
(c) Lm~d Use A¢provais. Any tree removal on property subject to an
aP~r;¢ed co-n-ditional use permit, planned trait development, site review, or
subdivision that include a tree removal/preservation plan or conditions
related to tree removal or retention. In those areas~ that plan or city
Ordinance ~ 16
~loes
(e) authorized by the
s purpose'of the plan is to restore native
plant communities, enhance fish or wildlife habitat, or similar restoration
purposes;
(~) Hazardous Trees.
shall be on a form
2.019 City
The removal of hazardous trees by the city or under contract with the
city, on public property or street right-of-way, provided the city's
Urban forester issues a written evaluation of each tree proposed for
remoVal declaring the tree(s) to be hazardous and recommending
immediate removal;
Fire Hazard Abatement. Removal of trees that the city" fire marshal has
structures; or
, provided
a written
by a certified arborist certifying the
and recommending its immediate removal.
shall be on a form prescril~ed by the city manager
19 Ci_tv Manager - XdministratiCe and l~utemaking
clres.
, a certified arborist, that
following standards:
reflect that consideration has been given m
preservation in accordance with the following priority:
i. Significant trees located adjacent to or ~v'ithin waterways or wetlands
de;ignated by the city~ for protection, and areas having slopes greater
than 25%;
2 Significant trees within a stand of trees; and
Ordinance- 17
3. individual significant trees.
(3)
~0
%8325
adjustments to
Section 31. Subsections (2) and (3) of Section 9.8055 of the Eugene Code, 1971, are
and a new Subsection (8) is added thereto, to provide:
Cluster Su bdivision- Appro ener~, The plarming director shall
aPProve, approve with cDr}ditions, Or deny a proposed cluster sUbdi'vision~ Approval
or approval With conditions shall be based on th~ following:
(3)
resource protection or ~br use
shall not
community acti¥4ties for
gardens.
(8) For areas included on the cit)?s acknowledged Goal 5 inventory, natural
resource protection shall be consistent with the acknowledged level of
protection provided for the resource.
Subsection (5) of Section 9.8090 of the Eugene Code~ 1971, is amended to
provide:
9.8090 Conditional rk~se Permit Approval Criteria - General. A conditional use permit
granted only if the l~op0~]-conforms to al~-of the fbllowing criteria:
(5) The proposal is designed and sitedto minimize impacts to the natural
Ordinance - 18
environment by addresSing the following:
(a) ProtectiOn of Natural Features.
1
the
under state or fbderal law),
b. that
outcrops.
d. Wetlands,intermittent and perennial stream corridors and
riparian areas.
e. ~atural resource areas designated in the diagram as
~ Natural Resource" and areas identified in any city.adopted
natural
inventow, the
[ the
area.
trees having
preservation:
1. Healthy trees
the base
with
reasonable chance of survival considering
designation and other applicabl~
. corridors and stands rather than
windthrow.
3. Trees that fulfill a screemng glare, or
shade expansive areas of pavement.
4. Trees that provide a buffer between potentially incompatible land
uses,
5. Trees located along the perimeter of the lot(s) and within building
setback areas.
Trees and stands of trees located along ridgelines and within view
corfidors.
Trees with significant habitat value
8. Trees adjacer~t to public Parks, open space and streets.
9. Trees along wate~ features.
fhe proposal
the city's acknowledged Goal 5 inventow,
greatest degree a*xainable or feasible,
Ordinance- 19
the loss of significant natural features described in criteria (a) and (b)
above, through the restoration or replacement of natural features
such as:
a. Planting of replacement trees within common areas; or
Re-¥egetati°n of slopes, ridgelines, and streaTM corridors; or
c. Restor~ti°n of fish a'nd wildlife habitats native plant habitat,
wetland areas~ and riparian vegetation.
To the extent applicable, restoration or replacement shall be in
cornpliance wi~l~ the planting and replacement standards of EC
6.320.
For areas included on the c~ty s acknowledged Goal 5 ~nventory~ any
loss of natural features shall be consistent with the acknowledged
level of preservation provided for the resource.
(d) Street Trees. If the proposal includes removal of any street tree(s),
removal of those st;~et tree(s) has been approved, o~ approved ~th
conditions according to the process at EC 6.305 of this code~
Section 33.~ Subsections (3) and (4) of Section 9.8100 of the Eugene Codes 19712 are
amended to provide:
9~8100 e P~rmi~ .Ap_proval 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 A~l>rOVal Criteria - General, where the applicant
following criteria:
(3) For areas not included on the city's acknowledged Goal 5 inventory, the
proposal will preserve existing natural resources by comPliance with all of the
following:
(a) The proposal complies with EC 9.6880 to EC 9.6885 Tree Preservation
and -Re~oval st~dards.
(b) NatUral resource areas designated on the Metro Plan diagram as "Natural
ResOurce"are protected. PrOtection shall include the are~ of the resource
and a minimum 50 foot buffer around the perimeter of the natural resource
area.
(4) The proposal corn-plies with all applicable standards~ including, but not limited
to:
(a) EC 9.6706 _Develol~ment in Flood Plains through EC 9.6709 _Sr>ecial Flood
Hazard Areas - Standards. -
Ordinance ~ 20
%822~
provisions
tbt~eginning at with
e stand~rd.
_Seetion34, Subsections (2), (5) of'Section 9.8220 of the Eugene Code, t 971, are amende&
Subsection (6)isdeleted, and Subsection (7) is renumbered and amended, to provide:
tiom Tentative PI roval crite_ria- Needed ~ The planning
director shall approve, conditionally apProve, or deny the partition application.
Unless the applicant elects to use the ~eneral criteria cont~ned in E~ 9.8215
Partition, T~}c~-tative P1an Atmroval criteria- General, where the applicant proposes
needed housi~s defined-l~y the Stat;~si~tutes, the planning dir~.tor shall a~ rove or
P
approve with conditions a partition based on complianCe with the following criteria:
(2) The proposed partition complies with all of the following:
(a) Loi standards of EC 9.2000 through 9.3915 regardihg applicable parcel
dimensions and density requirements.
(b) EC 9.6800 through E~ 9.6k70 standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6510 Public Improvement Standards.
(d) EC 9.6706 !.gigs through EC 9.6709 _~pecial Flood
Hazard Areas - standards.
(e) EC 9.6735 Public AccessRecluired.
in the application.
An approved adjustment to a standard pursuant to the provisions beginning a~
EC 9.80t5 of this land use code constitutes compliance with the standard.
If the provisions of EC 9.8220(1) require a public street, or if the applicant
proposes the creation of a public street, the following criteria also apply:
(a) The proposed land uses and densities within the partition are consi stent
with the land use designation(s) showm on the Land Use
DiagraTM, as refined in any applicable refinement plan.
(b) The street layout of the proposed partition shall disperse motor vehicle
traffic onto more than one public local street when the sum of proposed
Ordinance - 21
partition parcels and fhe existing lots utilizing a local street as the single
means of: ingress and egress exceeds 19.
~ize, the
of layout
Section 35.
provide:
%8320
accessways.
Subsection (4) of Section 9.8320 of the Eugene Code, 1971, is amended, to
The hearings
criteria:
The PUD isdesigned and sited to minimize impacts to the natural environmem
by addressing the following:
Protection °fNatural Features. For areas not included on the citY's
natural
and
native plant communities.
2. All documented habitat for ali rare animal species (those that are
proposed for listing or are listed under State or Federal law).
3. Prominent topographic features, such as ridgelines and rock
outcrops.
4. Wetlands, intermittent and perennial stream corridors, and riparian
areas.
and sited to
with
/ for
preservation:
1. Healthy trees that have a reasonable chance of s~ival considering
the base zone or special area zone designatiOn and other aPplicable
approval criteria;
2. Trees located within vegetated corridors and stands rather than
individual isolated trees subject to windthrow;
3. Trees that fulfill a screening function, provide relief rkoTM glare, or
Ordinance ~ 22
(c)
shade expansive areas of pavement;
4. Trees that provide a buffer between potentially incompatible land
uses;
5. Trees located along the perimeter of the lot(s) and within building
setback areas;
6. Trees and stands of trees located along ridgelines and within view
corridors;
7. Trees with significant habitat value;
Trees a4iacent to public parks, open space and streets.
9. Trees located along a water feature.
Herkage trees.
Restoration or Replacement.
1. For areas not included on the city's acknowledged Goal 5 inventory,
the proposal mitigates, to the greatest degree attainable or feasible,
the loss of significant natural features described in criteria (a) and (b)
above, through the restoration or replacement of natural features
such as:
Planting of replacement trees w/thin comrnon areas; or
b. Re-vegetation of slopes, ridgelines, and stream corridors; or
c. Restoration of fish and wildlife habitat, native plant habitat,
wetland areas, and riparian vegetation.
To the extent applicable, restoration or replacement shall be in
compliance with the planting and replacement standards of EC
6.320.
2. For areas included on the city's acknowledged Goal 5 inventory, any
loss of significant natural features described in criteria (a) and (b)
above shall be consistent with the acknowledged tevel of protection
fbr the fbatures.
(d)
Street Trees. If the proposal includes removal of any street tree(s),
removal of those street tree(s) has been approved, or approved with
conditions according to the process at EC 6.305.
Section 36. Subsections (4), (6) and (7) of Section 9.8325 of the Eugene Code, 1971, are
amended, Subsections (8), (9), and (10) are deleted, and Subsections (11), (12), and (13) are
rem:unbered (8)~ (9), and (10) respectively, to provide:
%8325
Tentative Planned Unit Development A.p~roval Criteria - Needed Honsing.
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 Unk Development
A_&p~roval Criteria- General, where the applicant proposes needed housing, as defined
Ordinance - 23
by the State statutes, the hearings official shall approve or approve with conditions a
PUD based on compliance with the following criteria:
For areas not included on the city's acknowledged Goal 5 inventory, the PUD
preserves existing natural resources by compliance with att of the following:
(a) The provisions of EC 9.6880 to EC 9.6885 Tree Preservation and
Removal Standards, (not subject to modifications set forth in subsection
(9) below.
(b) Natural resot~ce areas designated on the Metro Plan diagram as ~Natural
Resource" are protected.
(10)
(6) The PUD provides safe and adequate transportation systems through compliance
with all of the following:
(a) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other
Public Ways (not subject to modifications set ~rth in subsection (9)
below).
(b) The street layom of the proposed PUD shall disperse motor vehicle traffic
onto more than one public local street when the PUD exceeds 19 lots or
when the sum of proposed PUD lots and the existing lots utilizing a local
street as the single means of ingress and egress exceeds 19.
(7) The PUD complies with all of the fbltowing:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requiremems for the subject zone.
(b) EC 9.6500 through 9.6510 Public Improvement Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
Hazard Areas - Standards.
(d) EC 9~6730 Pedestrian Circulation On-Ske.
(e) EC 9.6735 Public Access Required
(f) EC 9:6750 S~ecial Setback Standards.
(g) EC 9.6775 Underground Utilities.
(1~) EC 9,6780 Vision Clearance Area.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9,8015 of this land use code constitutes compliance with the standard.
(8) Lots proposed for development with one-family detached dwellings shall
comply with EC 9.2790 Solar Lot Standards (these standards may be modified
as set forth in subsection (12) below).
(9) The PUD complies with all applicable development standards explicitly
addressed in the application except ~¥here the applicant has show~:~ that a
modification is consistent with the purposes as set out in EC 9.8300 Purpose of
Planned Unit Development.
For any PUD located within or partially within the boundaries of the South Hills
Study, the ~bllowing additional approval criteria apply:
(a) No development shall occur on land above an elevation of 900 feet except
that one dwelling may be built on any lot in existence as of August 1,
Ordinance - 24
2001~
(b) Development shall be setback at least 300 feet from the ridgeline unless
there is a determination by the city manager that the area is not needed as a
connection to the city's ridgeline trail system. For purposes of this
section, the ridgeline trail shall be considered as the line indicated as being
the urban growth boundary within the South Hills Study plan area~
(c) Development shall cluster buildings in an arrangement that results in at
least 40% of the development site being retained in 3 or fewer contiguous
common open space areas. For purposes of this section, the term
contiguous open space means open space that is uninterrupted by
buildings, structures, streets, or other improvements.
(d) Residential density is limited as follows:
1. In the area west of Friendly Street, the maximum level of new
development per gross acre shall be 8 units per acre.
26 In the area east of Friendly Street, the maximum level of new
development per gross acre shall be limited to 5 units per acre.
Housing developed as Controlled Income and Rent Housing shall be
exempt from the density limitations in subsections 1 and 2 above,
but are subject to the other applicable development standards and
review procedures.
Section 37~ Subsection (2) of Section 968440 of the Eugene Code, t971, is axnended, and
a new Subsection (7) is added thereto, to provide:
9.8440
Site Re¥~ew 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:
(2)
Proposed lots, buildings, streets, parking lots, recreation areas, and other
proposed uses are designed and sited to minimize impacts to the natural
enviro~ent by addressing the fbllowing:
(a) Protection of Natural Features. For areas not included on the city's
ackmowledged Goal 5 inventory, the preservation of significant natural
features to the greatest degree attainable or feasible, including:
1. Significant on-site vegetation, including rare plants (those that are
proposed for listing or are listed under State or Federal law), and
native plant communities.
2. All documented habitat for all rare animal species (those that are
proposed for listing or are listed under State or Federal law).
3. Prominent topographic features, such as ridgelines and rock
outcrops.
4. Wetlands, intermittent and perennial stream corridors, and riparian
areas.
Ordinance - 25
5. Natural resource areas designated in the Metro Plan diagram as
"Natural Resource" and areas identified in any city-adopted natural
resource inventory.
(b) Tree Preservation. The proposed project shall be designed and sited to
preserve significant trees to the greatest degree attainable or fbasible, with
trees having the following characteristics given the highest priority for
preservation:
1. Healthy trees that have a reasonable chance of survival considering
tlhe base zone or special area zone designation and other applicable
approval criteria;
2. Trees located within vegetated corridors and stands rather ti-mn
individual isolated trees subject to windthrow;
3. Trees that fulfill a screening function, provide relief from glare, or
shade expansive areas of pavement;
4. Trees that provide a buffer between potentially incompatible land
uses;
5. Trees located along the perimeter of the lot(s) and within building
setback areas;
6. Trees and stands of trees located along ridgelines and within view
corridors;
7.Trees with significant habitat value;
8.Trees adjacent to public parks, open space and streets.
9.Trees along water features.
10.Heritage trees.
(c) Restoration or Replacement.
1. For areas not included on the city's acknowledged Goat 5 inventory,
the proposal mitigates, to the greatest degree attainable or feasible,
the loss of significant natural features described in criteria (a) and (b)
above, through the restoration or replacement of natural features
such as:
a. Planting of replacement trees within common areas; or
b. Re-vegetation of slopes, ridgelines, and strearn corridors; or
c. Restoration of fish and wildlife habitat, native plant habitat,
wetland areas, and riparian vegetation.
To the extent applicable, restoration or replacement shall be in
compliance with the planting and replacement standards of EC 6.335
and rules adopted thereunder.
2. For areas included on the city's acknowledged Goal 5 ~nventory, any
loss of significant natural features described in criteria (a) and (b)
above shall be consistent with the acknowledged level of protection
for the features.
(d) Street Trees. If the proposal includes rernoval of any street tree(s),
removal of those street tree(s) has been approved, or approved with
conditions according to the process at EC 6.305 of this code.
Ordinance - 26
(e) Parking. There is a need for parking in the area and the proposed parking
area will provide shared parking.
(7) Any additional specific factors applied at the time the/SR designation was
applied.
Section 38. Subsections (3) and (4) of Section 9.8445 of the Eugene Code, 1971, are
amended, to provide:
9.8445
Site Revie-w Al!proval Criteria- Needed Housing. The planrfing director shall
approve~ conditionally approve, or deny the site review application. Unless the
applicant elects to use the general crkeria contained in EC 9.8440 Ske Review
A_p_p~oval Criteria, General~ where the applicant proposes needed housing, as defined
by the State statutes, the planning director shall approve or approve with conditions a
site review based on compliance with the ~bllowing criteria:
(3) For areas not included on the city's acknowledged Goal 5 inventory, the
proposal will preserve existing natural resources by compliance with all of the
t%ltowing:
(a) The proposal complies with EC 9.6880 through EC 9.6885 Tree
Preservation and Removal Standards.
(b) Natural resource areas designated on the Metro Plan diagram as ~Natural
Resource" are protected.
(4) The proposal complies wkh all of the following standards:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6500 through 9.6510 Public Improvement Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
Hazard Areas - Standards.
(d) EC 9.6730 Pedestrian Circulation On-Site.
(e) EC 9.6735 Public Access Required.
(f) EC 9.6750 ~ecial Setback Standards.
(g) EC 9.6775 L!nder_ground Utilities.
(?r) EC 9.6780 Vision Clearance Area.
(i) All other applicable development standards for ~atures explicitly included
in the application.
An approved a4iustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance with the standard.
Section 39. Subsection (7) of Section 9.8515 of the Eugene Code, 1971, is amended to
provide:
Ordinance - 27
9,8515
Snbdivisi ye ~lag Apr_royal 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:
(7)
The proposed subdivision is designed and sited such that roads, infi:astructure,
utilkies, and future development of proposed tots will minimize impacts to the
natural envkonment by addressing the fbllowing:
(a) Protection of Natural Features.
1. For areas not included on the city's acknowledged Goal 5 inventory,
the preservation of significant natqaral features to the greatest degree
attainable or feasible, including:
a. Significant on-site vegetation, including rare plants (those that
are proposed for listing or are listed under state or federal law),
and native plant communities.
b. All documented habitat for all rare animal species (those that
are proposed for listing or are listed under State or Federal
law).
c. Prominent topographic features, such as ridgelines and rock
outcrops.
d. Wetlands, intermittent and perennial stream corridors, and
riparian areas.
e. Natural resource areas designated in the Metro Plan diagram as
"Namrat Resource" and areas identified in any city-adopted
natural resource inventory.
2. For areas included on the city's acknowledged Goal 5 inventory, the
preservation of natural features shall be consistent with the
acknowledged level of preservation provided for the area.
(b) Tree Preserv'ation. The proposed project shall be designed arid sited to
preserve significant trees to the greatest degree attainable or feasible, with
trees having the following characteristics given the highest priority for
preservation:
1. Healthy trees that have a reasonable chance of survival considering
the base zone or special area zone designation and other applicable
approval criteria;
2. Trees located within vegetated corridors and stands rather than
individual isolated trees subject to windthrow;
Trees that fulfill a screening function, provide relief from glare, or
shade expansive areas of pavement;
4. Trees that provide a buffer between potentiall'y incompatible land
uses;
5. Trees located along the perimeter of the lot(s) and within building
setback areas;
6. Trees and stands of trees located along ridgelines and within view'
corridors;
Ordinance - 28
7. Trees with significant habitat value;
Trees adjacent to public parks, open space and streets~
9.Trees along water features.
10.Heritage trees.
(c) Restoration or Replacement.
1. For areas not included on the city's acknowledged Goal 5 inventory,
the proposal mitigates, to the greatest degree attainable or feasible,
the loss of significant natural features described in criteria (a) and (b)
above, through the restoration or replacement of natural features
such as:
a. Planting of replacement trees within common areas; or
Re-vegetation of slopes, ridgelines, and stream corridors; or
c. Restoration of fish and wildlife habitat, native plant habitat,
wetland areas, and riparian vegetation.
To the extent applicable, restoration or replacement shall be in
compliance with the planting and replacement standards of EC
6~320.
2. For areas included on the city's acknowledged Goal 5 inventory, any
loss of natural features shall be consistent with the acknowledged
level of protection provided for the resource.
(d) Street Trees. If the proposal includes removal of any street tree(s),
removal of those street tree(s) has been approved, or approved with
conditions according to the process at EC 6.305 of this code.
Section 40. Subsection (7) of Section 9.8520 of the Eugene Code, 1971, is deleted,
Subsections (3), (6) and (8) are amended, and Subsections (8), (9), (10) and (1 I) are renumbered (7),
(8), (9) and (10) respectively, to provide:
9.8520
Subdi¥isiom Tentatjve Plan ApA~roval 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 pl__an Ap_proval 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:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements fYr the subject zone.
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6510 Public Improvement Standards.
Ordinance - 29
(d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
HaZard Areas - Standards.
(e) EC 9.6730 Pedestrian Circ~:dation On-Site.
(f) EC 916735 public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 ~roUnd Utilities.
(i) EC 9.6780 Vision Clearance Area.
An approved adjustment to a standard pursuant to the provisions begim~ing at
EC 9o8015 of this land use code constitutes compliance with the standard.
(10)
The proposed subdivision provides safe and adequate transportation systems
through compliance with the fbllowing: the street layout of the proposed
subdivision shall disperse motor vehicle trafllc onto more than one public local
street when the subdivision exceeds 19 lots or when the sum of proposed
subdivision lots and the existing tots utilizing a local street as the single means
of ingress and egress exceeds 19.
(7) For ~eas not included on the city's acknowledged Goal 5 inventory, the
subdivision will preserve existing natural resources by compliance with all of
the following:
(a) The proposal complies with EC 9.6880 through EC 9.6885 Tree
Preservation and Removal Standards.
(b) Natural resource areas designated on the Metro Plan diagram as ¢'Natural
Resource?'
(8) If the subdivision results in a lot greater than 13,500 square feet in size, the
application shall indicate the location of lot lines and other details of layout that
show future division may be made without violating the requirements of this
land use code and without interfering with the orderly extension of adjacent
streets, bicycle paths, and accessways.
(9) The subdivision complies with development standards explicitly addressed in
the application or is granted adjustments thereto pursuant to the provisions
beginning at EC 9.8015 of this land use code.
Where all or a portion of a development site is within the South Hills Study and
above 700 feet in elevation, the proposed development shall have received
initial approval through the Planned Unit Development process. Where all or a
portion of the development site is within the South Hills Study and is between
500 feet and 701 feet, and the development site is at least 4 acres with areas of
the development site containing slopes that exceed 20%, the proposal shall have
received initial approval through the Planned Unit Development process.
Section 41. That the matters contained herein concern the public health, welfare and safety,
and therefore, an emergency is hereby declared to exist, and upon its passage by an affirmatiVe vote
of two-thirds of all members of the City Council and approval by the Mayor, this Ordinance shall
Ordinance- 30
becorne effective on the date of its acknowledgment as provided by ORS 197.625.
Section 42~ If any sections subsection~ sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or 'unconstitutional by a court of cornpetent 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 43~ 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 other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
PaSsed by the City Comaell th~s
8th day of May~ 2002
City Recorder
Approved by the Mayor this
8th day of May~ 2002
Ordinance - 31
CITY OF EUGENE
INTER-DEPARTMENTAL MEMO~NDUM
CITY ATTO~E¥ - CIVIL DEPARTMENT
To:
Kate Fieland, City Recorder
ate. May 24~ 2002
Subject: Scrivener Error Corrections to EC 9.5750 and 9~6730
You recently called to om: attention what you believed to be a scrivener error in Ordinance
No. 20249~ which ~as perpetumed in Ordinance ~o. 20250 adopted the same date. Both of these
Ordinances effected the re~tdoption and amendment of Chapter ~.
Section 22 of Ordinance No. 20249 provided for the deletion of Subsections (3)(d) and (3)
section initiall~ included a SubseCtion (3)(t), which by V}~e of ~h~
ection (3)(d) was added to EC 9.6730~ again with
concur that this was a scrivener error, and pursuant to the
20249 and Section 6 of Ordinance No. 20250~ you are
added by Ordinance
to that correction, Section 21 of Ordinance No. 20249 deleted Subsection (4]) of
set fbrth the Gillespie Butte Height Limitation Area~ Subsection (7)(b)1. of EC
9.5750 contains two references to Gillespie Butte which should be deleted. Pursuant to Section 43
of Ordinance No. 2~249 you are autho, rized to administratively correct this reference eh'or by
deleting the phi:use and Gillespie Butte 'which appears twice in EC 9.5750(7)(b)t.
If you have any questions~ please do not hesitate to contact me.
HARRANG LONG GARY R'[JDNICK, ?.C.
CITY ATTORNEYS
Emil~:'N;~erome '
ENJ:j w
RECEIVED
~AY g'8 2002
CITY RECORDER