HomeMy WebLinkAboutOrdinance No. 20351
~~
COUNCIL ORDINANCE NUMBER 20351
COUNCIL BILL NUMBER 4905
AN ORDINANCE UPDATING THE GOAL 5 INVENTORY
WITHIN THE EUGENE CITY LIMITS; ADOPTING THE
GOAL 5 WATER RESOURCES CONSERVATION PLAN
WITHIN THE EUGENE CITY LIMITS; REPEALING
ORDINANCE NO. 20296; AMENDING SECTIONS 9.0500,
9.1040, 9.2751, 9.6885 9.7025, 9.7055, 9.7105, 9.7205,
9.7230, 9.7305, 9.7810, 9.8025, 9.8030, 9.8055, 9.8215,
9.8220, 9.8320, 9.8325, 9.8415, 9.8460, 9.8465, 9.8470,
9.8515, 9.8520, 9.8855, AND 9.8865 OF THE EUGENE
CODE, 1971; ADDING NEW SECTIONS 9.8472 AND
9.8474; AND ADDING NEW SECTIONS 9.4900 THROUGH
9.4980 TO THAT CODE TO ESTABLISH A WATER
RESOURCES CONSERVATION OVERLAY ZONE;
AMENDING THE EUGENE OVERLAY ZONE MAP;
ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
ADOPTED: November 14, 2005
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Poling
EFFECTIVE: January 1, 2006
ORDINANCE NO. 20351
AN ORDINANCE UPDATING THE GOAL 5 INVENTORY WITHIN THE
EUGENE CITY LIMITS; ADOPTING THE GOAL 5 WATER
RESOURCES CONSERVATION PLAN WITHIN THE EUGENE CITY
LIMITS; REPEALING ORDINANCE NO. 20296; AMENDING SECTIONS
9.0500, 9.1040, 9.2751, 9.6885 9.7025, 9.7055, 9.7105, 9.7205, 9.7230,
9.7305, 9.7810, 9.8025, 9.8030, 9.8055, 9.8215, 9.8220, 9.8320, 9.8325,
9.8415,9.8460,9.8465,9.8470,9.8515,9.8520,9.8855, AND 9.8865 OF
THE EUGENE CODE, 1971; ADDING NEW SECTIONS 9.8472 AND
9.8474; AND ADDING NEW SECTIONS 9.4900 THROUGH 9.4980 TO
THAT CODE TO ESTABLISH A WATER RESOURCES
CONSERVATION OVERLAY ZONE; AMENDING THE EUGENE
OVERLAY ZONE MAP; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. Statewide Planning Goal Five requires local governments to protect
significant riparian corridors, upland wildlife habitat and wetlands. In order to conserve
these resources and the biological systems they contain and support, this Ordinance
adopts provisions to conserve the physical resources and also protect the water quality
within the resource areas as a fundamental and essential requirement for continued
survival of these biological systems.
B. Ordinance No. 20296, adopted by the Council and approved by the Mayor on
July 28, 2003, adopted as Exhibit A to that Ordinance, a list of criteria for use in
determining the significance of riparian corridor sites and upland wildlife habitat sites for
purposes of updating the Goal 5 inventory within the Eugene city limits. The list of
criteria is now more appropriately located in the Goal 5 Water Resources Conservation
Plan.
C. Exhibit B to Ordinance No. 20296 is a list and a map, both entitled "Goal 5
Riparian and Upland Wildlife Habitat Sites Within the Eugene Urban Growth Boundary."
The list and map, which updated the inventory of significant riparian corridor sites and
upland wildlife habitat sites based on the criteria listed in Exhibit A to Ordinance No.
20296, are now more appropriately included in the Goal 5 Water Resource
Conservation Plan. Further, updates to the list and map are needed to more accurately
depict the location and/or acreage of some of the riparian corridor and upland wildlife
habitat sites and to remove from the inventory a portion of site E-76, which an order of
the Land Conservation and Development Commission determined had not been
demonstrated to meet the definition of a riparian area under Oregon Administrative
Rules.
Ordinance - 1
D. The City has conducted, and the Oregon Department of State Lands (DSL)
has approved, a local wetlands inventory (LWI) using the standards and procedures of
OAR 141-086-0110 et seq. The City has determined which wetlands on the LWI are
"significant wetlands" for purposes of Statewide Planning Goal 5 using the criteria
adopted by DSL for that purpose (OAR 141-086-0350). The City is required to adopt an
inventory of these significant wetlands.
E. In addition to the inventories of riparian, upland wildlife habitat and wetland
sites referred to above, the following inventories make up the entire inventory of
significant Goal 5 resources within the City of Eugene: the April 12, 1978 Sand and
Gravel Working Paper, the April 12, 1978 Scenic Sites Working Paper, the April 12,
1978 Willametle River Greenway Working Paper, the April 12, 1978 Archeological Sites
Working Paper, the December 1, 1976 list of historic land marks, and the West Eugene
Wetlands Plan.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 20296 is repealed, as of the effective date of this
Ordinance. This repeal, however, does not affect the validity of any actions taken
pursuant to the provisions of that Ordinance.
Section 2. The Goal 5 Water Resources Conservation Plan attached as Exhibit A
hereto, is hereby adopted as a refinement of the Eugene-Springfield Area Metropolitan
Area General Plan for those areas that, as of the date this Ordinance is passed by the
City Council, are located within the city limits of the City of Eugene.
Section 3. As they pertain to the areas within the city limits of Eugene, the
following Exhibits are adopted as findings in support of this Ordinance: (a) Conflicting
Uses and ESEE analysis attached as Exhibit B, and (b) the Eugene Local Wetland
Inventory, attached as Exhibit C.
Section 4. Section 9.0500 of the Eugene Code, 1971, is amended by amending
the definition for "Native Plants, Native Vegetation," and adding definitions of "Goal 5
Water Resource Site" and "Invasive, Non-Native Plants" in alphabetical order therein, to
provide:
9.0500
Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
GoalS Water Resource Site. As used in EC 9.4900 to 9.4980 and 9.8030(21), the
resource site as identified in the Goal 5 Water Resources Conservation Plan. For
riparian corridor and upland wildlife habitat sites, the Goal 5 Water Resource Site
includes the stream and riparian areas that may extend beyond applicable
conservation setbacks. Wetland sites include only the wetland, itself.
Ordinance - 2
Invasive, Non-Native Plants. Plant species included in Part 4 of the list adopted as
Exhibit F to Ordinance 20351, or as subsequently amended by administrative order
of the City Manager pursuant to EC 2.019.
Native Plants, Native Vegetation, (including native trees and native shrubs).
Plant species identified as "Native Plants" or "Native Vegetation" in accordance with
the lists adopted as Exhibit F to Ordinance No. 20351 ,or as subsequently amended
by administrative order of the City Manager pursuant to EC 2.019.
Section 5. Section 9.1040 of the Eugene Code, 1971, is amended by adding a
Water Resources Conservation Overlay Zone in alphabetical order to the Table, to
provide as follows:
9.1 040
Establishment and List of Overlav Zones. The overlay zones listed in Table
9.1040 Overlay Zones are established as follows:
Table 9.1040 Overlay Zones
Overlay Description
/wP Waterside Protection Overlay Zone
/WR Water Resources Conservation Overlay Zone
Section 6. Subsection (1 )(c) of Section 9.2751 of the Eugene Code, 1971, is
amended to provide:
9.2751
Special Development Standards for Table 9.2750.
(1) Density.
(c) For purposes of calculating net density, the acreage of land considered
part of the residential use shall exclude public property, including
streets, parks, and other public facilities. In calculating the minimum net
density required for a specific lot or development site, the planning
director shall round down to the previous whole number. In calculating
the maximum net density allowed for a specific lot or development site,
the planning director shall round up to the next whole number. At the
request of the developer, the acreage also may exclude natural or
historic resources. For purposes of this section, natural resources
include those designated for protection in an adopted plan and the area
within natural resources protection or conservation setbacks that have
been applied to the development site. For purposes of this section,
historic resources include historic property and resources identified in an
official local inventory as "primary" or "secondary." It may also include
additional natural or historic resources upon approval of the planning
director.
Ordinance - 3
Section 8. The following caption and Sections 9.4900, 9.4910, 9.4913, 9.4915,
9.4920, 9.4930, 9.4940, 9.4950, 9.4960, 9.4970, and 9.4980 are added to the Eugene
Code, 1971, to provide:
IWR WATER RESOURCES CONSERVATION OVERLAY ZONE
9.4900 IWR Water Resources Conservation Overlay Zone - Purpose. The purpose of
the /WR Water Resources Conservation overlay zone is to provide conservation of
significant riparian areas, wetlands and other water-related wildlife habitat areas
included on the city's adopted Goal 5 inventory. In order to conserve these
resources and the biological systems they contain and support, the overlay zone not
only conserves the physical resources but also protects the water quality within the
resource areas as a fundamental and essential requirement for continued survival of
these biological systems.
9.4910 IWR Water Resources Conservation Overlay Zone - Applicability. The /WR
Water Resources Conservation Overlay Zone applies to all property to which .the
/WR Water Resources Conservation Overlay Zone has been applied through the
city's rezoning process or through automatic rezoning upon annexation.
9.4913 IWR Water Resources Conservation Overlay Zone - Relationship to Other
Zones. The provisions of the /WR Water Resources Conservation Overlay Zone
shall control over other zoning provisions on all property to which the /WR Water
Resources Conservation Overlay Zone has been applied except as provided in EC
9.4930(1 ).
9.4915 IWR Water Resources Conservation Overlay Zone - SitinQ Reauirements. The
/WR overlay zone shall be applied to property that:
(1) Is not already designated for protection or restoration by the West Eugene
Wetlands Plan;
(2) Meets the other approval criteria of EC 9.8865; and
(3) Includes a Goal 5 Water Resource Site identified for conservation in the Goal 5
Water Resources Conservation Plan or includes land within the /WR Water
Resources Conservation Area as described in EC 9.4920.
9.4920 IWR Water Resources Conservation Overlay Zone - Components of IWR
Conservation Area.
(1) Except as provided in Subsections (5) and (6), the component areas of the
/WR conservation area for Goal 5 Water Resource Sites are described and
defined as follows:
(a) For riparian corridor and upland wildlife habitat sites E35, E37, E38, E81,
E86, and E88, the /WR conservation area consists of the area between
the top of high bank on both sides of the stream and the area within the
applicable conservation setback.
Ordinance - 4
Ordinance - 5
(b) For riparian corridor sites not listed in subsection (a), the /WR
conservation area consists of the area within the Goal 5 Water Resource
Site and the area within the applicable conservation setback.
(c) The conservation setback for a particular riparian corridor or upland
wildlife habitat site is determined based on whether it is a Category A, B,
C, D or E stream in the Goal 5 Water Resources Conservation Plan.
Conservation setbacks are measured horizontally from the top of the high
bank as set out in 1., below, or, only when the top of high bank is not
identifiable, from the line of ordinary high water, as set out in 2., below.
1. For conservation setback distances measured from the top of the
high bank, the top of high bank is the highest point at which the
bank meets the grade of the surrounding topography, characterized
by an abrupt or noticeable change from a steeper grade to a less
steep grade, and, where natural conditions prevail, by a noticeable
change from topography or vegetation primarily shaped by 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.
Resource Conservation Setback
Category A Streams 100 feet
Category B Streams 60 feet
Category C Streams 40 feet
Category D Streams 20 feet
Category E Streams no conservation setback
2. For conservation setback distances measured horizontally from the
line of ordinary high water, top of high bank shall be considered not
identifiable when both of the following are lacking: an abrupt or
noticeable change from a steeper grade to a less steep grade, and
a noticeable change from topography or vegetation primarily
shaped by the presence and/or movement of the water to
topography not primarily shaped by the presence of water. In a
given stream, pond, or other water body, the line of ordinary high
water is the line on the bank or shore to which seasonal high water
rises annually identified in the field by physical characteristics that
include one or more of the following:
a. A clear, natural line impressed on the bank by the presence of
water, flowing water or waves.
b. Changes in the characteristics of soils.
c. The presence of water-borne litter and debris.
d. The uppermost limit of destruction of terrestrial vegetation by
the presence of water, flowing water or waves.
If reliable water level data are available 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 for which data is
available. Conservation setback distances measured from the line
of ordinary high water are as follows:
Resource Conservation Setback
Category A Streams 120 feet
Category B Streams 75 feet
Category C Streams 50 feet
Category D Streams 25 feet
Category E Streams no conservation setback
(2) Except as provided in Subsections (5) and (6), the 2 components areas of the
/WR conservation area for water features identified as wetlands to be protected
in the Goal 5 Water Resources Conservation Plan are described and defined
as follows:
(a) The Goal 5 Water Resource Site.
(b) The area within the applicable conservation setback. The conservation
setback for a particular site is determined based on whether it is a
Category A, B or C wetland in the Goal 5 Water Resources Conservation
Plan. Conservation setback distances for wetlands are measured
horizontally from wetland boundaries established under the "Goal 5
Locally Significant Wetland Sites Within the Eugene Urban Growth
Boundary" map or if provided by the property owner, from the
jurisdictional wetland boundary accepted by the Oregon Department of
State Lands. Conservation setback distances are as follows:
Resource Conservation Setback
Category A Wetland 50 feet
Category B Wetland 25 feet
Category C Wetland no conservation setback
(3) To determine the /WR conservation area for sites in which wetlands exist along
with either an upland wildlife habitat site or a riparian site, the /WR
conservation area for each of the individual water features shall be calculated
and mapped separately, and the total footprint of all the individual /WR
conservation areas combined shall be the /WR conservation area for that site.
(4) The /WR conservation area for properties having the S-RN Royal Node Special
Area Zone and the /WR Water Resources Conservation Overlay Zone shall be
limited to that area designated "drainage corridor" on Map 9.3805 S-RN Roval
Node Special Area Zone and Subareas of this Land Use Code.
(5) Areas which the applicant has shown to have been developed prior to
November 14, 2005, are excluded from /WR conservation areas. For purposes
of this subsection, "developed" means within the footprint of a legally
constructed:
(a) Building, or other substantial structure constructed on a concrete
foundation;
(b) Permanent dwelling (including manufactured dwelling) constructed
without a concrete foundation;
(c) Permanent deck or patio that is attached to a structure listed in
subsection (a) or (b) above; or
(d) Paved or gravel parking area, road, or driveway that serves uses in an
adjacent building or structure listed in subsection (a) or (b) above..
Fences and landscaping do not cause an area to be "developed" to warrant
exclusion from the /WR conservation area.
(6) Where an existing development under subsection (5) above or an existing
developed street physically isolates a portion of the conservation setback area
from the resource site, that isolated portion of the conservation area shall be
excluded from the conservation area.
9.4930
IWR Water Resources Conservation Overlay Zone - Permitted and Prohibited
Uses and Exceptions. Uses are permitted or prohibited within the /WR Resources
Ordinance - 6
Conservation Overlay Zone based on whether they occur inside or outside the /WR
Conservation Area as defined in EC 9.4920, as follows:
(1) Uses Permitted Outside the IWR Conservation Area. The uses permitted
on portions of properties located outside of the /WR conservation area are the
same as those otherwise permitted without consideration of the /WR Water
Resources Conservation Overlay Zone.
(2) Uses Permitted Within the IWR Conservation Area. Subject to subsections
(3) and (4) and any applicable development permits, the following uses are
permitted within the /WR conservation area:
(a) Removal of refuse.
(b) Removal of any fill that is in response to a written determination from a
regulating agency that the fill is in violation of local, state or federal
regulations.
(c) Removal of plants that are non-native and invasive, provided that any
significant tree within 25 feet of a Category B, C or D stream that is
removed under this subsection must be replaced within 6 months by a
native tree that will grow to similar (or greater) size, height and canopy
spread as the one removed. Trees with large canopy spread or height
may be replaced by multiple trees that, in combination, will provide
similar height and canopy spread.
(d) Planting or replanting with native plants.
(e) Maintenance of access roads or pathways and channel maintenance
practices used to maintain stormwater conveyance and flood control
capacity as required by local policies, local, state and federal
regulations, and intergovernmental agreements.
(f) A public entity's removal of vegetation by mechanical or manual means
within a strip not to exceed 15 feet wide from publicly owned property
within the /WR conservation area where that property abuts private
property that is not within a /WR conservation area.
(g) Repair or replacement of a privately-owned, culverted stream crossing
within the same total footprint as the original culvert and crossing.
(h) Construction of low impact trails with no impervious surface, not to
exceed 3 feet in width.
(i) Planting or removal of plants within an area that, prior to November 14,
2005, was cleared of native vegetation and intentionally planted with
ornamental landscape plants. Expansion of the landscaped area
through additional clearing of naturally established native plants within
the /WR conservation area is prohibited.
U) Removal of vegetation that the city fire marshal has declared poses a
potential fire hazard to existing structures. Written documentation of the
fire marshal's declaration, including a description of the location of the
structure and the location of the vegetation to be removed, shall be
provided to the planning director prior to the removal. The removal shall
be limited to the extent specified by the fire marshal's declaration.
(k) Removal of hazardous tree(s), so long as prior to removal the property
owner submits to the planning director a written evaluation of each tree
proposed for removal prepared by a certified arborist declaring the
tree(s) to be hazardous and recommending immediate removal. The
written evaluation shall be on a form prescribed by the city manager
pursuant to section 2.019 City Manaqer - Administrative and
Rulemakinq Authority and Procedures.
Ordinance - 7
(I) Removal of trees or shrubs that are neither native plants nor non-native,
invasive plants, provided that each tree and shrub over 5 feet in height
that is removed within 25 feet of a Category B, C or D stream is
replaced within 6 months by a native tree or shrub. Replacement of a
tree must be with a tree that will grow to similar (or greater), size, height
and canopy spread as the one removed. Trees with large canopy
spread or height may be replaced by multiple trees that, in combination,
will provide similar height and canopy spread.
(m) Construction of a stream crossing with a culvert or bridge for a private
access road over a Category E stream, where no other point of access
to an adjacent street or road is available.
(n) Maintenance, repair, and reconstruction of utility facilities existing as of
November 14, 2005 where such action will involve excavation or ground
disturbance within the conservation area of 500 square feet or less, and
where such action is necessary to maintain access, maintain or improve
safety, maintain proper functioning or is required by local policies, local,
state or federal regulations, or intergovernmental agreements. See
subsection (3)(d) of this section for maintenance, repair and
reconstruction activities that are subject to the standards review
process.
(0) Emergency repair of a failing slope or eroding channel bank, provided
that, within one week of commencing the repair work, the owner of the
subject property submits to the planning director a written evaluation of
the bank failure prepared by a certified engineer that includes:
1. A description of the location, extent and probable cause of the
slope or bank failure,
2. A determination that the slope or bank failure constitutes an
emergency and threatens public safety or the structural integrity of
an adjacent or downstream legally constructed structure,
3. A declaration that immediate repair of the slope or bank failure is
necessary to protect public safety or the structural integrity of
structure(s) described under subsection 2.
4. A statement that the method of repair will minimize impacts to
riparian and in-stream habitat to the greatest extent practicable.
Consistency with the provisions of this subsection do not exempt the
property owner from state or federal laws or regulations that protect
wetlands, waterways or other natural resources.
(3) Uses Subject to Standards Review Within IWR Conservation Areas.
Except as prohibited by subsection (4), or as excepted under subsection (5),
within /WR conservation areas, the following uses are permitted, subject to the
standards review process beginning with EC 9.8460 in which consistency with
the specific standards referenced for each use below shall be used as the
criteria for approval.
(a) Realignment and reconfiguration of channels and pond banks. Subject to
EC 9.4980 /WR Water Resources Conservation Overlav Zone
Development Standards (2) through (5).
(b) Construction of public improvements (including but not limited to streets,
bridges, paved bikeways and pedestrian paths, and public utilities)
. required by this land use code or specified in adopted plans. Subject to
EC 9.4980 /WR Water Resources Conservation Overlav Zone
Development Standards (1) through (11).
Ordinance - 8
Ordinance - 9
(c) Construction of public access facilities and information and interpretation
facilities on public lands where it is demonstrated that public access must
be controlled in order to protect the resource. Subject to EC 9.4980 /WR
Water Resources Conservation Overlav Zone Development Standards
(1) through (11).
(d) Maintenance, repair, and reconstruction of utility facilities existing as of
November 14, 2005 within /WR conservation areas of Category A, B, C,
or D streams or Category A, B, or C wetlands, where such action will
involve excavation or ground disturbance within the /WR conservation
area of more than 500 square feet, and where the footprint of above-
ground facilities will not be expanded. For purposes of this subsection,
agencies or entities that manage and maintain utility facilities may make
application for individual actions or may submit an application for
approval of a maintenance, repair and reconstruction program, such that
all activities consistent with the approved program would be deemed
consistent with this subsection, and applications for individual actions
would not be required. Subject to EC 9.4980 /WR Water Resources
Conservation Overlav Zone Development Standards (2) through (5) and
to the following additional standards:
1. The action is necessary in order to maintain access, maintain or
improve safety, maintain proper functioning, or is required by local
policies, local, state or federal regulations, or intergovernmental
agreements.
2. Excavated areas shall be backfilled to the previous grade with
existing native soil used for the uppermost 3 feet of backfill
whenever possible and in no case less than the uppermost 2 feet of
backfill.
3. Except for emergency repairs, maintenance, repair and
reconstruction of utility facilities shall be planned and timed to
minimize adverse impacts to wildlife and habitat within a /WR
conservation area. Emergency repairs shall meet the requirements
of 9.4930(2)(0).
4. Utility agencies and their agents shall use the best feasible
technology to pinpoint the location of needed repairs to
underground utilities prior to excavation in order to limit the area of
impact.
(e) Construction of new underground utility lines within /WR conservation
areas of Category A, B, C, or D streams or Category A, B, or C wetlands.
Subject to EC 9.4980 /WR Water Resources Conservation Overlav Zone
Development Standards (2) through (5) and to the following additional
standards:
1. No reasonable alternative routes exist to provide service to an
unserved area or to connect to an existing line.
2. Routing of new utility lines shall be designed so as to minimize
adverse impacts to habitat within the /WR conservation area to the
greatest extent practicable.
3. Excavated areas shall be backfilled to the previous grade with
existing native soil used for the uppermost 3 feet of backfill
whenever possible and in no case less than the uppermost 2 feet of
backfill.
Ordinance - 10
4. Construction of new utility facilities shall be planned and timed to
minimize adverse impacts to wildlife and habitat within a /WR
conservation area.
5. Impacts to plant species listed as threatened or endangered by the
Oregon Department of Agriculture or the U.S. Fish and Wildlife
Service shall be avoided.
(f) Wetland or riparian area enhancement, restoration or creation activities.
Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone
Development Standards (2) through (5).
(g) Construction of stormwater quality treatment facilities that do not
discharge into a stream or wetland within the /WR conservation area and
that do not include adding impervious surfaces. Subject to EC 9.4980
/WR Water Resources Conservation Overlay Zone Development
Standards (2) though (5).
(h) Discharge of stormwater collected from impervious surfaces into a
wetland or stream within the /WR conservation area, if the following
standards 1. through 4. are met:
1. No other gravity-based stormwater discharge options are available
for the site.
2. All of the stormwater runoff from the development site that will result
from the water quality design storm will be treated by a privately
constructed and maintained stormwater management facility prior to
discharge. For purposes of this subsection, the term "water quality
design storm" means a theoretical storm for estimating the amount
of stormwater runoff to be treated, and is different for volume based
facilities and flow-through facilities as follows:
a. Facilities designed to store and treat a volume of stormwater
shall be sized using a water quality design storm of 1.4 inches
of rainfall in 24-hours using Soil Conservation Service (SCS
now the Natural Resources Conservation Service)
methodology.
b. Facilities designed to treat a rate of flow draining through them
shall be sized using a rainfall intensity of 0.12 inches per hour
for facilities off-line from the conveyance system, or 0.21
inches per hour for on-line facilities, and using the rational
equation.
3. The stormwater is treated prior to discharge utilizing one or more of
the following stormwater management facilities: eco-roof,
stormwater planter, swale, filter, infiltration basin, and manufactured
treatment facility.
4. Design and construction of the stormwater management facility is
subject to EC 9.4980 /WR Water Resources Conservation Overlay
Zone Development Standards (2) through (5).
(i) Construction of paved pathways of no more than 6 feet in width for
passive recreation within the conservation area for Category A, B, or C
streams or Category A wetlands, and no more than 12 feet for bike paths
identified in TransPlan. Subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Development Standards (2) through (6) and
(11 ).
U) Construction of a private access road where no other point of access is
available except through the /WR conservation area of a Category A, 8,
C or D stream or a Category A, B, or C wetland, and where the number of
stream or wetland crossings is the minimum necessary for the approved
use. Subject to EC 9.4980 /WR Water Resources Conservation Overlay
Zone Development Standards (2) through (6) and (10).
(k) Non-emergency repair or stabilization of a failing slope or eroding
channel bank. Subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Development Standards (2) through (6), and
provided the applicant submits to the planning director a report from a
certified engineer that includes the following:
1. A description of the location, extent and probable cause of the slope
or bank failure,
2. A determination that the slope or bank failure threatens public
safety or the structural integrity of an adjacent or downstream
legally constructed structure,
3. A declaration that repair of the slope or bank failure is necessary to
protect public safety or the structural integrity of structure(s)
described under subsection 2. above,
4. A statement that the method of repair is necessary to protect public
safety of the structural integrity of structure(s) described under
subsection 2. above and will minimize impacts to riparian and in-
stream habitat to the greatest extent practicable.
Consistency with the provisions of this subsection do not exempt the
property owner from state or federal laws or regulations that protect
wetlands, waterways or other natural resources.
(4) Uses Prohibited Within the IWR Conservation Area. Uses that are not
specifically allowed under subsections (2), (3) or (5) are prohibited within /WR
conservation areas. Prohibited uses include, but are not limited to, the
following:
(a) Storage of hazardous or toxic materials.
(b) Depositing, dumping, piling or disposal of refuse, or dumping, piling,
disposing or composting of yard debris, fill, or other material except for
single family residential composting, which must be kept at least 10 feet
from the top of the bank of any water feature, and soils or soil
amendments used for replanting in accordance with provisions of this
section.
(c) Construction of new septic drainfields.
(d) Channelizing or straightening natural drainageways.
(e) Removal or destruction of a plant species listed as threatened or
endangered by the Oregon Department of Agriculture or the U.S. Fish
and Wildlife Service unless written notice of the removal or destruction is
provided to the city's Planning and Development Department, the Plant
Division of the Oregon Department of Agriculture, and the U.S. Fish and
Wildlife Service 30 days prior to the removal or destruction. Such notice
shall include the location, the names of the plant species to be affected,
how many plants are to be affected and the reason for the removal or
destruction.
(f) Filling, grading and excavating.
(g) Storage of wood, other building materials, vehicles or machinery.
(5) Exceptions. Activities that are explicitly authorized by a city land use approval
issued prior to November 14, 2005 or that are necessary to carry out uses or
development explicitly authorized by such an approval are exempt from the
Ordinance - 11
9.4940
9.4950
9.4960
restrictions of the provisions of subsections (2), (3) and (4) of this section if the
authorization is part of one of the following:
(a) A site review plan;
(b) A conditional use permit;
(c) A tentative subdivision or tentative cluster subdivision submitted and
approved after August 1, 2001;
(d) A greenway permit; or
(e) A planned unit development.
IWR Water Resources Conservation Overlay Zone - Conveyance of
Stormwater Maintenance Easement. Within the /WR conservation area, the city
shall have the authority to require conveyance of a maintenance access easement
for any natural or human made stormwater facility as a condition of approval for a
land use permit. Maintenance access easements within the conservation area shall
be only for the purpose of allowing access to the stormwater facility for city
maintenance staff and equipment and shall be no more than 15 feet wide.
IWR Water Resources Conservation Overlay Zone - Adiustments.
(1) Adjustments to the provisions of EC 9.4920 may be made subject to
compliance with the criteria for adjustment in EC 9.8030(21)(a), (b) or (c).
(2) Adjustments to the provisions of EC 9.4930 or 9.4980 may be made subject to
compliance with the criteria for adjustment in EC 9.8030(21 )(d).
IWR Water Resources Conservation Overlay Zone - Map or Zone Error. The
provisions of this section apply in the case of an alleged error in the mapping of a
Goal 5 resource site on the Goal 5 Water Resources Conservation Plan Map and/or
in the case of an alleged error in the application of the /WR Water Resources
Overlay Zone to a specific lot. With respect to alleged errors in the application of the
overlay zone, the provisions of this section apply instead of the zone change
procedures and criteria described at EC 9.8850 through 9.8865. This section
provides the only basis for removal of the /WR Water Resources Overlay Zone or
corrections to the Goal 5 Water Resources Conservation Plan Map.
(1) Initial Consultation. An applicant may request an initial consultation with city
staff to assist the applicant in determining whether an application under
subsection (2) or (3) of this section is the most appropriate application for the
specific error alleged.
(2) Correction Based Solely on Aerial Photography or Geographic
Information System Data. An application submitted pursuant to this
subsection shall be processed under the Type I application procedure (EC
9.7100 - 9.7120).
(a) Application Requirements.
1. A form provided by the city and a fee established pursuant to EC
chapter 2.
2. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: identification of the Goal 5 Water
Resource Site alleged to have been incorrectly mapped on the Goal
5 Water Resources Conservation Plan Map.
Ordinance - 12
3. For allegations of error on the Eugene Overlay Zone Map: a list of
the tax lots and a description of any right-of-way alleged to have
been incorrectly included in the /WR Water Resources
Conservation Overlay Zone.
4. A description of the alleged error and the proposed correction.
(b) Approval Criteria Based Solely on Aerial Photoqraphy and Geoqraphic
Information System Data.
1. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: it is clear that, at the time the city adopted
the Goal 5 Water Resources Conservation Plan Map, that Map
showed an incorrect location of the identified Goal 5 Water
Resource Site.
2. For allegations of error on the Eugene Overlay Zone map: it is clear
that, at the time the city applied the /WR Water Resources
Conservation Overlay Zone to the subject lot(s), the city was
incorrect in its determination that the lot(s) contained a Goal 5 Water
Resource Site or a /WR Water Resources Conservation Area.
(3) Correction Based on Additional Information. An application submitted
pursuant to this subsection (3) shall be processed under the Type II application
procedure (EC 9.7200 - 9.7230).
(a) Application requirements.
1. The materials required under subsection (2)(a).
2. If the alleged error is in the city's measurement of the conservation
setback (as opposed to the location of the resource itself), a site
plan drawn to scale, showing all of the following:
a. The location of the boundary of the resource as mapped by
the city in the Goal 5 Water Resources Conservation Plan;
b. The alleged correct location of the boundary of the /WR
conservation area for the resource in question based on EC
9.4920;
c. The distance in feet from the nearest point of the alleged
correct location of the boundary of the /WR conservation area
of the resource in question to the subject property.
3. If the alleged error is in the mapping of an upland wildlife habitat
site or a riparian site (as opposed to the measurement of the site's
conservation setback):
a. A detailed written description of the mapped area claimed to
be incorrectly included within the resource site in question,
including an inventory list of plant species and the relative
frequency of plant species listed;
b. The location of the boundary of the resource as mapped by
the city in the Goal 5 Water Resources Conservation Plan;
c. The alleged correct location of the boundary of the /WR
conservation area for the resource in question; and\
d. Color photographs of the area claimed to be incorrectly
included within the resource site in question.
4. If the alleged error is in the mapping of a wetland site (as opposed
to the measurement of the conservation setback area), a wetland
determination or a wetland delineation report and map, and a
signed concurrence letter from the Oregon Department of State
Lands, indicating that the determination or report is consistent with
Ordinance - 13
9.4970
9.4980
Oregon Administrative Rules pertaining to mapping of jurisdictional
wetlands. The map must show all pertinent tax lot lines and rights-
of-way boundaries.
(b) Approval Criteria.
1. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: at the time the city adopted the Goal 5
Water Resources Conservation Plan Map, that Map showed an
incorrect location of the identified Goal 5 Water Resource Site.
2. For allegations of error on the Eugene Overlay Zone Map: . at the
time the city applied the /WR Water Resources Conservation
Overlay Zone to the subject lot(s), the city was incorrect in its
determination that the lot(s) contained a Goal 5 Water Resource
Site or a /WR Water Resources Conservation Area.
(4) Amendment of the GoalS Water Resources Conservation Plan Map or the
Eugene Overlay Zone Map. As a result of the Type I or Type II processes
described above, if the city determines that there is an error in the Goal 5
Water Resources Conservation Plan Map or the Eugene Overlay Zone Map,
the planning director shall issue an order amending the applicable map(s) to
correct the error.
IWR Water Resources Conservation Overlay Zone - State Wetland Notification.
The city shall notify the Oregon Department of State Lands (DSL) concerning land
use and building permit applications within wetland sites consistent with state law.
IWR Water Resources Conservation Overlay Zone - Development Standards.
The following standards apply only as specifically required by EC 9.4930(3) or EC
9.8030(21 ):
(1) Enhancement. Where the /WR conservation area is reduced, or uses are
approved within the /WR conservation area, the remaining /WR conservation
area shall be enhanced consistent with this subsection and by removing non-
native plant species and planting native plant species consistent with
subsections (2) and (3) below.
(a) All refuse, toxic materials and any fill that limits or decreases the capacity
of the conservation setback area to filter pollutants from runoff th'at flows
across the conservation setback area shall be removed (not including
stormwater collected and discharged from impervious surfaces).
(b) Where practicable, finished grades shall encourage sheet flow of runoff
across conservation setback areas to maximize filtering and infiltration of
precipitation and runoff within conservation setback areas (not including
stormwater collected and discharged from impervious surfaces).
(c) On sites where the slope within the conservation setback area exceeds
15 percent, measures (e.g., planting and contouring) shall be taken to
slow the flow of runoff to the maximum extent practicable (not including
stormwater collected and discharged from impervious surfaces).
(d) Non-native plants shall be permanently removed to the maximum extent
practicable and replaced with native plant species in accordance with
subsection (3) below.
(e) Except as required by EC 9.4980(2)(c), EC 9.4980(3)(d) and EC
9.4980(3)(e), site work to enhance the conservation setback area shall be
Ordinance - 14
completed prior to or concurrent with other site development, unless
appropriate native plant species are not available within that time frame.
(2) Vegetation Removal. Vegetation removal within the /WR conservation area
and within areas removed from the /WR conservation area shall comply with
the following standards:
(a) Vegetation removal shall be limited to:
1. Plant species that are non-native and invasive;
2. Dead or dried native plants or grasses only when they constitute an
imminent fire hazard;
3. Living native or non-native vegetation, when its removal is
necessary to facilitate or encourage the growth of other native
species (e.g., native wet prairie plant species) consistent with
adopted plans or policies; or
4. The minimum area of native vegetation removal necessary to
accommodate uses approved in accordance with EC 9.4930(3)(a)
through EC 9.4930(3)(h), and uses approved through an
adjustment approved in accordance with EC 9.8030(21).
(b) Clearing of more than 500 square feet of vegetation must comply with
Erosion Prevention regulations for sensitive areas in EC 6.645.
(c) Any clearing of vegetation that is not within the footprint of uses approved
in accordance with EC 9.4930(3)(a) through EC 9.4930(3)(h), or uses
approved through an adjustment approved under EC 9.8030(21), must be
followed by replanting in accordance with the requirements of subsection
(3) below.
(3) Planting and Replanting. Planting or replanting within the /WR conservation
area shall comply with the following standards:
(a) Areas of existing bare soil and areas which have been cleared or graded
in accordance with subsection EC 9.4980(2) or EC 9.4980(5) shall be
planted with native plant species. Except as required in (b) and (c)
below, plant species and plant spacing used for such plantings shall be
appropriate to increasing to the greatest extent practicable the capacity of
the conservation setback area to filter pollutants from runoff that flows
across the conservation setback area (not including stormwater collected
and discharged from impervious surfaces). Where existing native
vegetation already serves this function to some extent, additional native
plants shall be planted in order to augment native vegetation already
existing. Plant species selected for all plantings shall be appropriate to
the site given its topography, hydrology, soil, and existing native plant
species.
(b) Planting or replanting within 25 feet of a Category B, C, or D stre'am
within the /WR conservation area shall include native tree or large shrub
species and located so as to provide substantial shading of the channel
during times of peak solar input.
(c) Where non-native or damaged trees are removed within 25 feet of a
Category B, C, or D stream within the /WR conservation area, they shall
be replaced with native tree or large shrub species and located so as to
achieve equal or greater shading of the channel during times of peak
solar input as the trees removed.
(d) Replanting of areas cleared of existing vegetation must be completed
within 90 days following the removal or clearing, unless otherwise
approved by the planning director.
"
Ordinance - 15
(e) Plantings shall not adversely affect adjacent protected water resources or
existing native vegetation through shading or invasion by plant species
introduced into the setback.
(4) Construction Practices. Construction within the /WR conservation area, and
within areas removed from the /WR conservation area shall comply with the
following standards:
(a) For purposes of this subsection, heavy machinery is defined as motorized
or mechanized machinery or equipment capable of deliberately or
inadvertently damaging vegetation, or damaging or compacting soil. The
following standards shall apply to use of heavy machinery within the /WR
conservation area:
1. On sites where soils are susceptible to severe compaction or
structural damage when wet or saturated, use of heavy machinery
shall be limited to the period between June 15 and September 30,
unless otherwise approved by the planning director.
2. Use of heavy machinery shall be the minimum necessary for the
use or activity and shall be restricted to those areas where its use is
necessary.
(b) Petroleum products, chemicals, or other deleterious materials used in the
construction process shall not be allowed to enter a stream or wetland
that is within a /WR conservation area.
(5) Filling, Grading and Excavating. Filling, grading and excavating within the
/WR conservation area and within areas removed from the /WR conservation
area shall comply with the following standards:
(a) Filling, grading or excavating of more than 500 square feet must comply
with Erosion Prevention regulations for sensitive areas in EC 6.645.
(b) Grading and excavating conducted as part of restoration or enhancement
projects, and bank and channel reconfiguration shall result in topography
that resembles landscapes shaped only by natural processes, for
example, incorporating the undulations, meanders and slopes found in
such landscapes. For purposes of this standard, straight lines and
geometric or angular shapes are not acceptable. Channel and stream
bank slopes shall not exceed 25 percent at elevations of 500 feet or less.
(6) Impervious Surfaces. Within the /WR conservation area, construction of new
impervious surfaces shall comply with the following standards:
(a) Impervious surfaces are prohibited within the /WR conservation area
unless they are part of a use approved in accordance with EC 9.4930(3).
(b) Impervious surfaces that are part of a use approved in accordance with
EC 9.4930(3) shall be no larger than the minimum necessary for the
approved use. For sites with wetlands, impervious surfaces shall be
located as far from the boundaries of locally significant wetlands as
practicable. For riparian and upland wildlife habitat sites, impervious
surfaces shall be located as far from the line of ordinary high water as
practicable. .
(c) Durable porous paving treatments or other infiltration devices approved
by the planning director or decision-maker shall be used in lieu of
standard impervious paving surfaces to increase infiltration of stormwater
where practicable. This standard shall apply only to low volume parking
areas, foot paths or lightly used access roads, where porous soils and flat
topography will facilitate infiltration of runoff. For the purposes of this
Ordinance - 16
subsection, gravel surfaces are not acceptable as porous paving or as an
infiltration device.
(7) Site Layout. On sites where the /WR conservation area is reduced, high
intensity uses within the entire development site, including high volume traffic
lanes and truck loading docks, shall be designed and located so that adverse
impacts to wetland and riparian habitats within the /WR conservation area are
minimized to the greatest extent practicable.
(8) Lighting. Within the /WR conservation area, and within areas removed from
the /WR conservation area, outdoor area lighting shall be prohibited, except to
illuminate walkways, bike paths, pedestrian gathering areas, and parking
areas, where these facilities are intended to be used after dark. Outdoor area
lighting is lighting designed to illuminate an outdoor activity area, trail or bicycle
path. Where lighting is to be provided within the /WR conservation area and
within areas removed from the /WR conservation area, the following standards
shall apply:
(a) Illumination for walkways, pathways or pedestrian gathering areas shall
be no more than an average maintained luminance of 0.5 foot-candle at
grade.
(b) Output from all other light sources shall be no more than an average
maintained luminance of 0.9 foot-candle at grade.
(c) All lighting fixtures shall be designed to direct light downward to areas
intended for human use after dark, and shall be shielded such that light
shining toward /WR conservation areas is minimized to the maximum
extent practicable.
(9) Trails. Within the /WR conservation area, trails shall be constructed of gravel,
wood chips or other pervious material, unless otherwise approved by the city
manager or decision-maker. Trail construction shall involve the least removal
of native vegetation practicable for the area and the minimum amount of fill or
excavation practicable.
(10) Stream and Channel Crossings. Bridges or other structures that cross
streams or wetlands within the /WR conservation area or areas removed from
the /WR conservation area shall be constructed so that water flow, vegetation
growth and movement of aquatic animals and water dependent wildlife are
impeded to the least extent practicable. To meet this standard, bridges and
crossings shall include, but are not limited to, applicable items from the
following list:
(a) Bridges across Category A or Category B streams as identified in the
Goal 5 Water Resources Conservation Plan shall, where practicable, be
designed to avoid channel constriction when flows reach the top of high
bank. Where practicable, bridges shall span a distance 1.2 times the
width of the stream channel from top of high bank to top of high bank to
help prevent scouring within the structure or at the outlet during less
frequent floods.
(b) Crossings over Category A or Category B streams as identified in the
Goal 5 Water Resources Conservation Plan shall utilize bridges or
natural substrate culverts where possible. Where practicable, the lower
lip of any natural substrate culvert shall be embedded at least 1 foot for
box culverts and pipe arches, and at least 25% of the pipe diameter for
pipe culverts. The substrate within the structure shall match the
composition of the substrate in the natural stream channel at the time of
construction. The substrate shall either resist displacement during flood
Ordinance - 17
events or the structure shall be designed to maintain an appropriate
bottom through natural bed load transport.
(c) Bridges and culverts on Category A or Category B streams as identified
in the Goal" 5 Water Resources Conservation Plan shall be constructed
so that the "openness ratio" of the structure is equal to or greater than
0.25. The "openness ratio" is the cross-sectional area of the passage
area under or within the structure divided by the length of the stream
segment it crosses over. For a box culvert, the openness ratio shall be
(height x width)/Iength.
(d) Culverts shall not substantially increase or decrease water depth or flow
rate conditions upstream or downstream from the culvert.
(e) The lower lip of all culverts shall meet the stream or channel bed at or
below grade.
(f) Culverts shall be the minimum length practicable, and fill on top of the
culvert shall have the minimum footprint practicable.
(11) Interpretive Facilities. Within the /WR conservation area, boardwalks,
viewing platforms, interpretive information kiosks, trail and interpretive signs
shall be constructed in a manner that involves the least removal of native
vegetation practicable. Signs shall be no more than 5 feet tall, and 16 square
feet per face in surface area, except for signs intended to be read from moving
automobiles, such as site entrance signs, which shall be no more than 8 feet
tall and 32 square feet per face in surface area. Kiosks shall be no more than 8
feet tall and 16 square feet per face in surface area. The number of signs shall
be the minimum necessary to accomplish project objectives.
Section 7. The portion of sentence preceding the colon in Subsection (1) of Section
9.6885 of the Eugene Code, 1971, is amended to provide:
9.6885
Tree Preservation and Removal Standards.
(1) Exemption from Standards. The standards in this section do not apply to
activities regulated under EC 9.4900 through 9.4980, or an application for
development activity that includes or will result in:
Section 9. Subsection (1) of Section 9.7025 of the Eugene Code, 1971, is amended by
adding a new subparagraph (f) thereto, to provide:
9.7025
Performance Aareements.
(1) Applicability. The city shall require execution of a performance agreement
by the applicant for all of the following types of applications:
(a) Conditional use permit and any modifications.
(b) Historic property alteration and any modifications.
(c) Planned unit development, final plan and any modifications.
(d) Site review and any modifications.
(e) Subdivisions final plat and any modifications.
(f) Standards review and any modifications.
Ordinance - 18
Section 10. Table 9.7055 of the Eugene Code, 1971, is amended by adding entries for
"/WR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7055
Applications and Review Authorities. Table 9.7055 Applications and Review
Authorities, lists applications and the review authorities for the decision and the
appeal of the decision.
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
Variance II D A
/WR Water Resources
Conservation Overlay Zone
- Map or Zone Error (See EC
9.4960) lor II D A
Willamette Greenway Permit III D A
Section 11. Table 9.7105 of the Eugene Code, 1971, is amended by adding an entry for
"IWR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7105
Type II Application ReQuirements and Criteria Reference. The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7105:
Table 9.7105 T
lications
Iication Re
/WR Water Resources Conservation Overla
Section 12. Table 9.7205 of the Eugene Code, 1971, is amended by adding an entry for
"/WR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7205
Type II Application Requirements and Criteria Reference. The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7205:
Table 9.7205 T Iication Re
Tell A Iications
Variance
/WR Water Resources Conservation Overla
Willamette Greenwa Permit, Modification
Ordinance - 19
Section 13. Section 9.7230 of the Eugene Code, 1971, is amended by adding entries for
"Standards Review" and "Standards Review, Modification" in alphabetical order to Table 9.7230,
and amending Subsection (6), to provide:
9.7230
Expiration.
Table 9.7230 Ex iration of T
rovals
18 months 36 months
X
X
X
A Iication
Site Review, Modification
Standards Review
Standards Review, Modification
(6) Site review and standards review approvals and modifications of such
approvals shall be effective for 18 months after the effective date of approval.
Within that time, the applicant shall submit a final plan and an application for a
development permit. Prior to the expiration date, the applicant may submit a
modification requesting a change to the commencement or expiration time
period.
Section 14. The paragraph following Table 9.7305 of the Eugene Code,. 1971, is
amended to provide:
9.7305
Type III Application ReQuirements and Criteria Reference. The following
applications are reviewed under the Type III review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7305:
*Zone changes processed concurrently with a Metro Plan amendment, the adoption
or amendment of a refinement plan, or a land use code amendment shall follow the
applicable procedure for each type of amendment. A zone change to apply the /ND
overlay zone shall be processed according to EC 9.4260. Removal of the /WR
overlay zone is controlled by EC 9.4960.
Section 15. Table 9.7810 of the Eugene Code, 1971, is amended by adding an entry for
"IWR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
Ordinance - 20
Table 9.7810 Equivalent Zones and Overlay Zones
Urbanizable Land Zones Eugene Zones
AG/UL Aqricultural AG Aqricultural
PL/UL Public Land PL Public Land
LDR/UL Low-Density Residential R-1 Low Density Residential
MDR Medium-Density Residential R-2 Medium Density Residential
GO/UL General Office GO General Office
C/UL Neiqhborhood Commercial C-1 Neighborhood Commercial
CC/UL Community Commercial C-2 Community Commercial
LMI/UL Liqht-Medium Industrial 1-2 Liqht-Medium Industrial
HI/UL Heavy Industrial 1-3 Heavy Industrial
Urbanizable Land Zoning Overlav Eugene Overlay Zones
/SR Site Review /SR Site Review
/CAS Commercial Airport Safety /CAS Commercial Airport Safety
/WR Water Resources Conservation /WR Water Resources Conservation
Overlay Zone Overlay Zone
9.8025
Section 16. Section 9.8025 of the Eugene Code, 1971, is amended, to provide:
Adiustment Review - General Requirements.
(1) Except as provided in subsection (2), the adjustment review application shall
be prepared by one or more of the following professionals unless waived by the
planning director:
(a) Oregon licensed architect.
(b) Oregon licensed civil engineer.
(c) Oregon licensed landscape architect.
(d) Oregon licensed land surveyor.
(2) An application for adjustment review under EC 9.8030(21) shall comply with
the following:
(a) Unless waived by the planning director, the application shall be prepared
by one or more of the following professionals:
1. Oregon licensed architect.
2. Oregon licensed civil engineer.
3. Oregon licensed landscape architect.
4. A professionally trained botanist or biologist, with sufficient training
and experience in planning and design to evaluate consistency of
the application with all applicable standards.
(b) Unless waived by the planning director, if the application is not prepared
by a professionally trained botanist or biologist, one or more of the
professionals preparing the application shall have sufficient professional
expertise and training in field botany or related biological sciences to
evaluate consistency of the application with application standards.
(c) The application shall include a site plan that shows sufficient detail and
supporting information to demonstrate compliance with applicable
standards. Unless waived by the planning director, the site plan shall be
prepared by an Oregon licensed civil engineer or an Oregon licensed
surveyor.
(d) The site plan and application shall be signed by each of the professionals
preparing the application, certifying that the application is true and correct
Ordinance - 21
to the best of his or her professional ability, and that, if applicable, the
professional standards of his or her profession have been met therein.
Section 17. Subsection (14) of Section 9.8030 of the Eugene Code, 1971, is amended,
and a new Subsection (21) is added thereto, to provide:
9.8030
Adiustment 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.
(14) Overlay Zone Development Standards Adjustment. Unless a subsection of
EC 9.8030 sets out adjustment review criteria for a specific overlay zone,
where this land use code provides that overlay zone standards may be
adjusted, the standards may be adjusted upon a finding that the adjustment of
the standards will result in a development that is consistent with the purpose of
the overlay.
(21) IWR Water Resources Conservation Overlay Zone Adjustment. Where
this land use code provides that a provision of the /WR Water Resources
Conservation Overlay Zone may be adjusted, approval may be given only
upon a finding that the proposed adjustment meets criterion (a), (b), (c) or (d)
below:
(a) For any property containing a /WR conservation area due to a resource
identified as a wetland, upland wildlife habitat or riparian site in the Goal
5 Water Resources Conservation Plan, an adjustment to the provisions
of EC 9.4920 may be made if no previous adjustment under this section
has been approved for the specific portion of the conservation area and
all of the following are met:
1. More than 33 percent of the development site is occupied by the
combined area of the /WR conservation setback and any portion
of the Goal 5 Water Resource Site that extends landward beyond
the conservation setback;
2. The proposed reduction in the /WR conservation area will result in
the combined area described above constituting at least 33
percent of the development site;
3. The parcel is not already developed with a building suitable for
occupancy;
4. The area of the subject parcel is 10,000 square feet or less;
5. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), and (10);
6. The portion of the development site outside the /WR conservation
area, including the area removed, complies with EC 9.4980(7);
7. The portion of the development site that remains in a /WR
conservation setback area complies with EC 9.4980(1) through
(5);
8. The reduction occurs first by reducing the area of any portion of
the resource site that extends landward beyond the conservation
Ordinance - 22
setback. If additional reduction in the /WR conservation area is
needed to reduce the combined area to 33% of the development
site area, the conservation setback area described in EC .
9.4920(1 )(b) may be reduced the minimum necessary to meet the
standard in subsection 2.; and
9. The proposed adjustment is consistent with EC 9.8030(21 )(e).
(b) For property containing a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A, B or C stream or as a Category A wetland, an adjustment to
the provisions of EC 9.4920 may be made if no previous adjustment
under this section has been approved for the specific portion of the
conservation area and all of the following are met:
1. The proposed reduction in the conservation setback distance is no
more than 20%;
2. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), and (10);
3. The portion of the development site outside the /WR conservation
area, including the area removed, complies with EC 9.4980(7);
4. The remaining /WR conservation setback area complies with EC
9.4980(1) through (5);
5. For Category A wetland sites, reduction in the width of the /WR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is more disturbed by human activities
and expansion of the width of the /WR conservation area shall occur
first in areas where the adjacent wetland is of higher quality or is
less disturbed by human activities;
6. For riparian or upland wildlife habitat sites where a reduction in the
width of the /WR conservation area is allowed, the conservation
setback area may be reduced, to the extent practicable, according
to the following priority order:
a. Where the reduction area does not include a mapped Goal 5
resource site designated for protection in the Goal 5 Water
Resources Conservation Plan,
b. Where the adjacent habitat quality is lower; and
7. The proposed adjustment is consistent with EC 9.8030(21 )(e).
(c) For property containing a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A or B stream or as a Category A wetland, an adjustment to the
provisions of EC 9.4920 may be made if no previous adjustment under
this section has been approved for the specific portion of the
conservation area and all of the following are met:
1. Conservation setback averaging is employed to maintain the same
total area within the /WR conservation area within the development
site that would have existed without the reduction in the
conservation setback distance. Conservation setback averaging
shall be accomplished by expanding the /WR conservation area in
an undeveloped area of the development site in compensation for
reducing it in another area of the site, such that the total area of the
/WR conservation area on the development site remains constant;
Ordinance -23
Ordinance - 24
2. The conservation setback distance may be reduced in one or more
locations by up to 30%.
3. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), and (10);
4. The portion of the development site outside the /WR conservation
area, including the area removed, complies with EC 9.4980(7);
5. The portion of the development site remaining in the /WR
conservation area complies with EC 9.4980(2) through (5);
6. For Category A wetland sites, reduction in the width of the /WR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is more disturbed by human activities
and expansion of the width of the /WR conservation area shall
occur first in areas where the adjacent wetland is of higher quality
or is less disturbed by human activities;
7. For Category A or B streams, reduction in the width of the
conservation setback area shall occur to the extent practicable,
according to the following priority order:
a. Where the reduction area does not include an adjacent Goal 5
resource site designated for protection in the Goal 5 Water
Resources Conservation Plan,
b. Where the adjacent habitat quality is lower,
c. Where the setback area can be expanded in compensation on
the opposite bank of the stream from the reduction area if it is
within the same development site. If the development site
does not include the opposite bank for the stream, the
expansion of the conservation setback shall occur elsewhere
on the development site; and
8. The proposed adjustment is consistent with EC 9.8030(21 )(e).
(d) For property containing a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a wetland,
upland wildlife habitat or riparian site, an adjustment to the provisions of
EC 9.4930 and EC 9.4980 may be approved if all of the following are
met:
1. The applicant has shown that:
a. The parcel is not already developed with a building suitable
for occupancy;
b. The strict application of the provisions of EC 9.4930 and
9.4980 would prohibit construction of a building suitable for
occupancy on any portion of the parcel due to special
circumstances that apply to the property, including location,
shape, size, surroundings, and topography and the
relationship of the characteristics to the resource site or
applicable conservation area.
2. The applicant has demonstrated that the adjustments described
under subsections (a), (b) and (c) above would not allow the use or
uses specified under 1.;
3. The adjustment allowed is the minimum necessary to allow the use
or uses specified under 1.;
4. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), and (10) except to the extent that a standard in one of those
subsections is the subject of the adjustment application;
5. The portion of the development site outside the /WR conservation
area, including the area removed, complies with EC 9.4980(7);
6. The portion of the development site that remains in a /WR
conservation area complies with EC 9.4980(1) through (5); and
7. The proposed adjustment is consistent with EC 9.8030(21 )(e).
(e) The applicant demonstrates that restoration or habitat enhancement
activities within the remaining conservation area will result in a net
increase in overall natural functions and values proportional to the
requested adjustment, and will specifically result in a net increase in two
or more of the following functions and values of the conservation area as
applicable to the site:
1. For streams and wetlands within stream channels:
a. Effective shade of stream channel during peak solar input;
b. Species diversity, structural diversity, density, and percent
cover of native riparian vegetation;
c. Bank stability due to native riparian plant roots;
d. Absence of non-native invasive plant species;
e. Effective filtering of overland stormwater flow to the stream;
f. Presence of soils and hydrology appropriate to the site and
appropriate to support native plants;
g. Habitat characteristics required by any state or federally listed
threatened or endangered species that have been
documented on the site.
2. For wetlands not within stream channels:
a. Species diversity, density, and coverage of native vegetation
within the wetland and setback area;
b. Bank stability due to native plant roots;
c. Absence of non-native invasive plant species;
d. Effective filtering of overland stormwater flow to the wetland;
e. Presence of soils and hydrology appropriate to the site and
appropriate to support native plants;
f. Habitat characteristics required by any state or federally listed
threatened or endangered species that have been
documented on the site.
For purposes of this subsection, the demonstration of the increase
in functions and values shall be based upon a comparison between
the functions and values of the /WR conservation area as it existed
on the date of application for an adjustment under this subsection
and the functions and values of the proposed reduced /WR
conservation area with proposed enhancements and restoration.
Section 18. Subsection (1 )(c) of Section 9.8055 of the Eugene Code, 1971, is
amended to provide:
9.8055
Cluster Subdivision- Approval Criteria - General. The planning director shall
Ordinance - 25
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:
(c) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards,
and density requirements for the subject zone. Within the /WR Water
Resources Conservation Overlay Zone, no new lot may be created if
more than 33% of the lot, as created, would be occupied by the
combined area of the /WR conservation setback and any portion of the
Goal 5 Water Resource Site that extends landward beyond the
conservation setback, making the lot immediately eligible for an
adjustment under EC 9.8030(21 )(a);
Section 19. Subsection (1)(a) of Section 9.8215 of the Eugene Code, 1971, is
amended to provide:
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:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel
dimensions and density requirements. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than
33% of the lot, as created, would be occupied by the combined area of
the /WR conservation setback and any portion of the Goal 5 Water
Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC
9.8030(21 )(a).
Section 20. Subsection (2)(a) of Section 9.8220 of the Eugene Code, 1971, is
amended to provide:
9.8220
Partition. Tentative Plan Approval Criteria- Needed Housina. 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:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel
dimensions and density requirements. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than 33%
Ordinance - 26
of the lot, as created, would be occupied by the combined area of the
/WR conservation setback and any portion of the Goal 5 Water Resource
Site that extends landward beyond the conservation setback, making the
lot immediately eligible for an adjustment under EC 9.8030(21 )(a).
Section 21. Subsection (11 )(a) of Section 9.8320 of the Eugene Code, 1971, is
amended to provide:
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:
(11) The PUD complies with all of the following: .
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than
33% of the lot, as created, would be occupied by the combined area of
the /WR conservation setback and any portion of the Goal 5 Water
Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC
9.8030(21 )(a).
Section 22. Subsection (7)(a) of Section 9.8325 of the Eugene Code, 1971 is
amended to provide:
9.8325
Tentative Planned Unit Development Approval Criteria - Needed Housing. 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:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than
33% of the lot, as created, would be occupied by the combined area of
the /WR conservation setback and any portion of the Goal 5 Water
Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC
9.8030(21 )(a).
Section 23. A new Subsection (5) is added to Section 9.8415 of the Eugene
Code, 1971, to provide:
Ordinance - 27
9.8415
Property Line Adiustment Approval Criteria. The planning director shall
approve, approve with conditions, or deny the property line adjustment application.
Approval or approval with conditions shall be based on compliance with the
following criteria:
(5) Within the /WR Water Resources Conservation Overlay Zone, no new lot may
be created if more than 33% of the lot, as created, would be occupied by the
combined area of the /WR conservation setback and any portion of the Goal 5
Water Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC 9.8030(21 )(a).
Section 24. Sections 9.8460, 9.8465, and 9.8470 of the Eugene Code, 1971, are
amended and new Sections 9.8472 and 9.8474 are added thereto, to provide:
9.8460
9.8465
9.8470
9.8472
Purpose of Standards Review. The standards review process is intended to
provide a way to effectively review specific types of proposed development with
standards outlined in this land use code.
Applicability. Where this land use code allows a specific use, subject to standards
review, the application for review shall be considered under a Type II process,
unless the subject land use application is being considered under a Type III
application process. If the review requested is a part of a Type III application, the
review of standards shall be considered concurrently under a Type III application
process. No development permit shall be issued by the city prior to completion of
the standards review.
Standards Review Approval Criteria. The planning director shall determine
whether the application is in compliance with the standards set out in the code
section that calls for standards review.
Standards Review - Application Reauirements. Applications for uses subject to
standards review under EC 9.4930(3) shall be subject to the following requirements:
(1) Unless waived by the planning director, the application shall be prepared by
one or more of the following professionals:
(a) Oregon licensed architect.
(b) Oregon licensed civil engineer.
(c) Oregon licensed landscape architect.
(d) A professionally trained botanist or biologist, with sufficient training and
experience in planning and design to evaluate consistency of the
application with all applicable standards.
(2) Unless waived by the planning director, if the application is not prepared by a
professionally trained botanist or biologist, one or more of the professionals
preparing the application shall have sufficient professional expertise and
training in field botany or related biological sciences to evaluate consistency of
the application with application standards.
Ordinance - 28
9.8474
(3) The application shall include a site plan that shows sufficient detail and
supporting information to demonstrate compliance with applicable standards.
Unless waived by the planning director, the site plan shall be prepared by an
Oregon licensed civil engineer or Oregon licensed surveyor.
(4) The site plan and application shall be signed by each of the professionals
preparing the application, certifying that the application is true and correct to
the best of his or her professional ability, and that, if applicable, the
professional standards of his or her profession[aI] have been met therein.
Standards Review - Modification. Modification of an approved standards review
granted pursuant to EC 9.4930(3) may be requested following the Type II process.
The planning director shall approve the request if it complies with the following
criteria:
(1) The proposed modification is consistent with the conditions of the original
approval.
(2) The proposed modification will not result in a greater impact to the resource
than permitted by the initial approval.
If the planning director determines that the modification is not consistent with the
above criteria, the proposed modification may not occur until a new standards
review application is submitted and reviewed based on the Type II application
procedures in section 9.7200 and the requirements and criteria in sections 9.4900-
9.4980. Nothing in this section shall preclude the applicant from initially submitting
the requested modification as a new standards review application.
Section 25. Subsection (1 )(a) of Section 9.8515 of the Eugene Code, 1971, is
amended to provide:
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:
(1) The proposed subdivision complies with the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than
33% of the lot, as created, would be occupied by the combined area of
the /WR conservation setback and any portion of the Goal 5 Water
Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC
9.8030(21 )(a);
Section 26. Subsection (3)(a) of Section 9.8520 of the Eugene Code, 1971, is
amended to provide:
9.8520
Subdivision. Tentative Plan Approval Criteria- Needed Housina. 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
Ordinance - 29
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:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone, no new lot may be created if more than
33% of the lot, as created, would be occupied by the combined area of
the /WR conservation setback and any portion of the Goal 5 Water
Resource Site that extends landward beyond the conservation setback,
making the lot immediately eligible for an adjustment under EC
9.8030(21 )(a). .
Section 27. Section 9.8855 of the Eugene Code, 1971, is amended by adding a
new Subsection (5) thereto, to provide:
9.8855
Applicability. Changes in zoning, including the application of or change of an
overlay zone or special area zone shall be processed as a Type III application as
provided in EC 9.7300 through E.C 9.7340 Type III Application Procedures, with the
following exceptions:
(5) The proposed zone change is to remove the /WR Water Resources
Conservation Overlay Zone, in which case the zone change shall be process,ed
as described in EC 9.4960.
Section 28. Subsection (4) of Section 9.8865 of the Eugene Code, 1971 is
amended by adding a new subsection (p) thereto, and relettering the current subsection
(p) to (q), to provide:
9.8865
Zone ChanQe Approval Criteria. Approval of a zone change application, including
the designation of an overlay zone, shall not be approved unless it meets all of the
following criteria:
(4) The proposed zone change is consistent with the applicable siting
requirements set out for the specific zone in:
(p) EC 9.4915 /WR Water Resources Conservation Overlav Zone Sitinq
Requirements (only for the purposes of adding the overlay zone. See
EC 9.4960.).
(q) An uncodified ordinance establishing a site specific S-H Historic Special
Area Zone, a copy of which is maintained at the city's planning and
development department.
Ordinance - 30
Section 29. The Eugene Overlay Zone Map is amended to add the /WR overlay
zone to the properties as reflected on Exhibit D hereto.
Section 30. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, that portion shall be deemed a separate, distinct, and independent provision
and that holding shall not affect the validity of the remaining portions of this Ordinance.
Section 31. Although not part of this Ordinance, the City Council adopts the
Legislative Findings set forth in the attached Exhibit E in support of this action.
Section 32. The Plant List attached as Exhibit F is adopted, and amendments
may be effected by administrative order of the City Manager pursuant to Section 2.019
of the Eugene Code, 1971.
Section 33. Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, this Ordinance shall become effective upon January 1, 2006.
Passed by the City Council this
14th day of November, 2005
Approved by the Mayor this
~ day of November, 2005
1~'ltF p th~
M or
Ordinance - 31
CITY OF EUGENE
INTER-DEP ARTMENT AL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Mary Feldman, City Recorder
Date: December 1, 2005
Subject:
Correction to EC 9.7105 - Ordinance 20351
In response to your inquiry, we agree that there are errors in Section 11 of Ordinance 20351,
but those errors do not require correction as scrivener errors.
Section 11 only directs that Table 9.7105 be amended by adding an entry in alphabetical
order therein. The lead paragraph ofEC 9.7105 and the excerpt from the table are set out solely to
provide background to the reader, and there is no direction to amend either, other than by the
referenced insertion.
When codifying Section 11 of Ordinance 20351, that insertion is the only authorized or
required action. However, because the lead paragraph for EC 9.7105 and the Table excerpt as set
out in that section of the Ordinance differ from that present in the code, a copy of this memo
explaining those errors should be appended to Ordinance 20351.
The errors consist oftwo incorrect references to "Type II" that should reflect "Type I," and
an incorrect inclusion of the word "review" immediately preceding the word "process" in the text.
The same error (reference to "Type II") is present in the second line of Table 9.7105 excerpt.
If you have any questions, please do not hesitate to contact me.
HARRANG LONG GARY RUDNICK, P. C.
CI AT:rORNEYS
ENJ :jw
cc: Neil Bjorklund
Emily N. Jero e
\J
EXHIBITS REFERRED TO IN THIS
ORDINANCE ARE AVAILABLE AT
www.eugenenr.org
THEY ARE ALSO AVAILABLE
FOR REVIEW BY APPOINTMENT
IN THE EUGENE CITY
RECORDER'S OFFICE AT
777 PEARL STREET
EUGENE, OREGON
(541-682-5042).