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HomeMy WebLinkAboutItem 7: PH - Ordinance on Stormwater Development StandardsECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Stormwater Provisions; Amending Sections 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, and 9.8520 of the Eugene Code, 1971; Repealing Section 9.6520 of that Code; Adding Sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, 9.6796, and 9.6797 to that Code; and Providing an Effective Date Meeting Date: May 8, 2006 Agenda Item Number: 7 Department: Public Works Staff Contact: Peggy Keppler www.eugene-or.gov Contact Telephone Number: 682-2869 ISSUE STATEMENT The purpose of the public hearing is to solicit testimony on proposed code amendments to Chapter 9 (Attachment A: Draft Ordinance) to include post-construction standards for stormwater management. BACKGROUND A City Council work session was held March 13, 2006. The council requested that staff review two areas of interest before the public hearing. First, Councilor Kelly requested that more information regarding the substance of the Stormwater Management Manual be added to the ordinance. Staff has redrafted the ordinance (Attachment A) to include a section that sets forth goals with which the adopted Stormwater Management Manual must be consistent. The second request was to provide the rationale for the exemption of one- and two-family residential development from pollution reduction and flow control standards. Except for one- and two-family residential development on existing lots of record, and new lots created by partitions, the proposed stormwater development standards are applicable to all development surpassing a threshold of 3,000 square feet of impervious area. While all new areas of impervious surface have some impact on stormwater quality and the volume of stormwater runoff, exemptions for single-family and duplex development on existing lots of record and minor partitions are recommended in order to balance water quality with other considerations. The proposed exemptions take into account the following considerations: Equity between various land uses in implementing the new regulations was also a factor. ? Exempting single-family and duplexes on existing lots and minor partitions is comparable to the exemption of 3,000 square feet of impervious surface area for commercial and industrial development. Exempting anything less than four residential lots would equate to a total development size of 18,000 square feet (i.e. 4,500 sq. ft. x 4) or less. Assuming that 15% of the residential site is impervious surface, that would equate to 2,700 sq. ft. of impervious surface area. Rounded up, that is roughly equivalent to the 3,000 square foot of impervious surface area threshold for applicability of the stormwater development standards to commercial and industrial land uses. L:\CMO\2006 Council Agendas\M060508\S0605087.doc In researching how other municipalities have implemented stormwater development standards, ? staff determined that the exemption for single-family residential developments on existing lots, and minor partitions is consistent with how several other agencies have applied these standards, although admittedly there is a wide spectrum of applicability criteria and exemptions. Locally, the City of Springfield likewise exempts single-family in-fills and partitions treating stormwater runoff. On existing residential lots of record, site specific constraints (e.g. steep slopes, soil types, ? sensitive natural resources, limited space) may prevent developers from finding suitable locations for stormwater facilities. Stormwater infrastructure may already in place, further constraining options for pollution reduction and flow control facilities. Lack of proper maintenance is considered to be the leading cause of failure of on-site stormwater ? control facilities. For single-family sites, developers may be responsible for maintenance for a certain period of time (e.g. via a maintenance bond), but at some point the maintenance of facilities would become the responsibility of the property owner and can be overlooked when property owners change. New owners may not adequately understand the requirement for maintenance. In some cases, the need for maintenance may not be acknowledged until a significant problem such as flooding occurs. Stormwater runoff from residential sites has been shown to have lower concentrations of most ? pollutants of concern relative to runoff from industrial and commercial sites. The proposed stormwater development standards comprise one element of a multi-faceted ? stormwater program which includes the following activities expected to help address municipal stormwater, including runoff from small residential sites on existing lots of record and partitions: stormwater education, neighborhood water quality capital projects, bacteria pilot study, erosion prevention and construction site management, street sweeping and other operations and maintenance activities. With the proposed exemptions, staff is comfortable that it can ensure there will be adequate ? resources for permitting, maintenance, inspections, and enforcement, while still maintaining broad coverage of the new standards. Proposed Ordinance and Implementation Stormwater development standards are regulations for locating, designing, constructing, and maintaining stormwater facilities, applicable to new development. The existing land use code addresses only stormwater destination (flood control). The proposed ordinance amends the land use code to also address stormwater quality from new development via pollution reduction, flow control, oil control, and source control requirements as well as operation and maintenance standards for stormwater facilities. A companion design manual, the Eugene Stormwater Management Manual will be adopted administratively. A draft of the manual is available on the City’s web page: www.eugene-or.gov under Public Works>PW Services>Stormwater. RELATED CITY POLICIES The proposed code amendments are intended to implement stormwater development standards as a component of the City’s Stormwater Program initiated with the adoption of the Comprehensive Stormwater Management Plan (CSWMP) and as required through the Department of Environmental Quality (DEQ)’s issuance of the City’s National Pollutant Discharge Elimination System (NPDES) Permit. L:\CMO\2006 Council Agendas\M060508\S0605087.doc COUNCIL OPTIONS Not applicable, this is a public hearing only. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the Mayor and City Council convene the public hearing. Action on the ordinance is scheduled for the May 22, 2006, City Council meeting. SUGGESTED MOTION Not applicable; this is a public hearing only. ATTACHMENTS A. Draft Ordinance and Exhibit A of the Draft Ordinance B. Testimony – Rob Handy Email C. Testimony – Teresa Damron Email Additional Information The following documents have been bound into notebooks labeled “Stormwater Development Standards Materials” and are available for review at the City Manager’s Office and are hereby expressly incorporated into the record. 1.Eugene Planning Commission Packets of February, 13, 2006, January 10, 2006, and January 6, 2006 2.Notice of Public Hearing of the Planning Commission, January 10, 2006 3.Public comment on Proposed Stormwater Development Standards, December 29, 2005 4.Notice of Open House on Proposed Stormwater Development Standards, December 20, 2005 5.Notice of Open House for Stormwater Development Standards, November 16, 2005 6.Agendas, packets and meeting notes for Eugene Stormwater Management Water Quality Implementation Department Advisory Committee meetings held on August 11, 2005, August 18, 2005, August 31, 2005, October 3, 2005, October 25, 2005, October 31, 2005, and November 10, 2005 7.Eugene City Council Work Session Minutes and AIS, October 10, 2005 8.City of Eugene, Second Annual Report and Stormwater Management Plan Evaluation, December 1, 2005 9.City of Eugene NPDES Permit, March 2, 2004 10.Agendas, packets and minutes for Eugene Stormwater Management Department Advisory Commission meetings held on February 25, 1999, March 16, 1999, April 20, 1999, May 27, 1999, June 22, 1999, July 15, 1999, August 24, 1999, September 23, 1999, October 14, 1999, November 18, 1999, December 14, 1999, January 26, 2000, March 21, 2000, April 12, 2000, May 5, 2000, and June 8, 2000 11.Memorandum to DevCore from COE Basin Planning Project Team, December 3, 1999 12.City of Portland, Stormwater Management Manual, September 1, 2004 13.City of Eugene, Stormwater Basin Master Plan, Volume I of VII, August, 2002 14.City of Eugene, Comprehensive Stormwater Management Plan, November, 1993 15.City of Eugene, Draft Stormwater Management Manual, March, 2006 L:\CMO\2006 Council Agendas\M060508\S0605087.doc FOR MORE INFORMATION Staff Contact: Peggy Keppler Telephone: 682-2869 Staff E-Mail: peggy.a.keppler@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060508\S0605087.doc ATTACHMENT A ORDINANCE NO. _______ AN ORDINANCE CONCERNING STORMWATER PROVISIONS; AMENDING SECTIONS 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, AND 9.8520 OF THE EUGENE CODE, 1971; REPEALING SECTION 9.6520 OF THAT CODE; ADDING SECTIONS 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, 9.6796, AND 9.6797 TO THAT CODE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.0500 of the Eugene Code, 1971 is amended by adding the following definitions in alphabetical order to the existing definitions, to provide: 9.0500 Definitions . As used in this land use code, unless the context requires otherwise, the following words and phrases mean: Destination. The ultimate discharge point for the stormwater runoff from a particular site. Destination can include on-site infiltration such as surface infiltration facilities, drywells and sumps, and soakage trenches, and off-site flow to ditches, drainage ways, rivers and streams, and off-site storm pipes. Equivalent on-site area. An area of existing impervious surface that: (1) does not have facilities or structures to treat stormwater runoff; (2) is of equal or greater square footage to the area of proposed new impervious surface on the same site; and, (3) is of equal use. Flood control design storm. A theoretical storm for evaluating the capacity of the storm drainage system and designing improvements for the required level of protection, in accordance with the Stormwater Management Manual. Flow control facility. Any structure or drainage device that is designed, constructed, and maintained to collect, retain, infiltrate, or detain surface water runoff during and after a storm event for the purpose of controlling post-development water quantity leaving the development site. Ordinance - 1 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc Headwaters Area. The area within Eugene city limits that is above 500 feet. Headwater streams. Streams that: (1) are identified on the Headwater Streams Map (an Appendix to the Stormwater Management Manual) as having all or a portion of their length located on slopes greater than 10%; (2) are identified on the Sensitive Areas Map as having all or a portion of their length located in areas with highly erodible soils; (3) are at least 500 feet or longer; and, (4) drain at least 10 acres. Impervious surface/area. Any surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from conditions pre-existing to development. Types of impervious surface include, but are not limited to, rooftops, asphalt and concrete parking lots, driveways, roads, sidewalks, and pedestrian plazas. Note: Slatted decks are considered pervious. Gravel surfaces are considered pervious unless they cover impervious surfaces or are compacted to a degree that causes their runoff coefficient to exceed 0.8. Oil control facility. Any structure or drainage device that is designed, constructed, and maintained to remove oil and grease from storm runoff. Pollution reduction facility. Any structure or drainage device that is designed, constructed, and maintained to collect and filter, retain, or detain surface water runoff during and after a storm event for the purpose of maintaining or improving surface and/or groundwater quality. Property suspected or known to contain contaminants in the soil or groundwater. Any real property where the presence of any hazardous substance or petroleum product indicates an existing release, past release, or threatened release of a hazardous substance or petroleum product into the ground, ground water, or surface water of the property. Source control . Any structure, device, or design that is used to eliminate or reduce pollution from a source. Stormwater Management Manual. The City of Eugene Stormwater Management Manual adopted by the city in the manner set forth in EC 2.019, City Manager – Administrative and Rulemaking Authority and Procedures. . Stormwater Management Facility. Any structure or configuration of the ground that is used or, by its location, becomes a place where stormwater flows or is accumulated, including but not limited to, pipes, sewers, curbs, Ordinance - 2 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, wetlands, and their accessories. Water Quality Design Storm. A theoretical storm for estimating the amount of stormwater runoff to be treated. Facilities designed to store and treat a volume of stormwater shall be sized in accordance with the Stormwater Management Manual. Section 2. Subsection (2) of Section 9.6420 of the Eugene Code, 1971, is amended as follows. 9.6420 Parking Area Standards. (2) Drainage. All parking areas, except those in conjunction with a single family or two family dwelling, shall be graded so as not to drain storm water over the public sidewalk or onto any abutting property. Drainage improvements shall be provided as required by the stormwater provisions of EC [9.6510 Stormwater Drainage] 9.6790 to 9.6797. Section 3. Section 9.6510 of the Eugene Code, 1971, is repealed. 9.6510Stormwater Drainage [ . An applicant proposing a new development must submit documentation to the City showing the stormwater drainage facilities into which the proposed development will drain. The documentation must establish that the new development will drain into existing stormwater drainage facilities that, considering all developments that have received tentative or final plan approval as of the date the developer submits a complete application, have the capacity to handle the stormwater drainage that will be generated by the proposed new development, or, if the applicant cannot establish that existing stormwater drainage facilities have such capacity, the applicant must construct storm drainage facilities to accommodate the stormwater draining from the proposed development. The applicant must dedicate public easements approved by the city over the stormwater drainage facilities provided the city makes findings to demonstrate consistency with constitutional requirements. Stormwater drainage facilities shall be designed and constructed according to adopted plans and policies, and in accordance with standards in Chapters 6 and 7 of this code. The conveyance of ownership or dedication of easements may be required in any of the following circumstances: Ordinance - 3 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc (1) (a) Except for areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any open drainage way, headwater, stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto or from city- owned property or into city maintained facilities. (b) For areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any water course or channel. (2) Where necessary to extend public drainage facilities and services to adjoining undeveloped property. (3) To provide necessary drainage from the public right-of-way.] Section 4 . Sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, 9.6796, and 9.6797 are added to the Eugene Code, 1971, to provide: 9.6790 Stormwater Management Manual. In order to implement Section 9.6791 through 9.6797 of this code, the City Manager shall adopt in accordance with EC 2.019, City Manager – Administrative and Rulemaking Authority and Procedures, a Stormwater Management Manual. The Stormwater Management Manual may contain forms, maps and facility agreements and shall include requirements that are consistent with the following goals: (1) Reduce runoff pollution from development by reducing impervious surfaces and capturing and treating approximately 80% of the average annual rainfall. (2) Control and minimize flows from development in the Headwater Areas using a variety of techniques to release water to downstream conveyance systems at a slower rate and lower volume, thereby reducing the potential for further aggravation of instream erosion problems. (3) Emphasize stormwater management facilities that incorporate vegetation as a key element, and include design and construction requirements that ensure landscape plant survival and overall stormwater facility functional success. (4) Operate and maintain stormwater management facilities in accordance with facility-specific O & M Plans. (5) Reduce pollutants of concern that are generated by identified site uses and site characteristics that are not addressed solely through the pollution reduction measures by implementing additional specific source control Ordinance - 4 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc methods including reducing or eliminating pathways that may introduce pollutants into stormwater, capturing acute releases, directing wastewater discharges and areas with the potential for relatively consistent wastewater discharges to the wastewater system, containing spills on site, and avoiding preventable discharges to wastewater facilities, surface waters or ground waters. 9.6791 Stormwater Destination. (1) Purpose. The purpose of EC 9.6791 is to protect life and property from flood and drainage hazards by maintaining the capacity of the city’s stormwater conveyance system through the establishment of destination regulations for stormwater runoff from development. (2) Applicability. Destination standards apply to all development. (3)Standards. Stormwater drainage facilities shall be designed and constructed according to adopted plans and policies, and in accordance with standards in EC Chapters 6 and 7, and the stormwater destination provisions and the facility design requirements set forth in the Stormwater Management Manual. An applicant proposing a new development must submit documentation to the city showing the stormwater destination into which the proposed development will be disposed. The documentation must establish that the new development will be disposed of into existing stormwater drainage facilities that, considering all developments that have received tentative or final plan approval as of the date the developer submits a complete application, have the capacity to handle the stormwater runoff that will be generated by the proposed new development for the flood control design storm, or, if the applicant cannot establish that existing stormwater drainage facilities have such capacity, the applicant must construct storm drainage facilities to accommodate the stormwater draining from the proposed development. (4)Underground Injecton Control Systems. iStormwater runoff disposed of in underground systems is also regulated through the federal Underground Injection Control (UIC) program under Part C of the Safe Drinking Water Act (42 U.S.C. § 300, Chapter 6A, Subchapter XII) and Oregon Administrative Rule Chapter 340, Section 044. 9.6792 Stormwater Pollution Reduction. (1)Purpose. The purpose of EC 9.6792 is to reduce the impacts that urbanization is having on the city’s water quality by providing standards for the capture and treatment of stormwater runoff from development. (2)Applicability and Exemptions. Ordinance - 5 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc (a) Except as exempt under EC 9.6792(2)(c), the standards in EC 9.6792(3) apply to all land use applications submitted after [effective date of this ordinance] requesting approval of one or more of the following: 1. A cluster subdivision - tentative plan (EC 9.8055); 2. A conditional use (EC 9.8090 or 9.8100); 3. A partition - tentative plan that includes the creation or construction of a street (EC 9.8215 or 9.8220); 4. A planned unit development - tentative plan (EC 9.8320 or 9.8325); 5. Site review (EC 9.8440 or 9.8445); 6. A subdivision tentative plan (EC 9.8515 or 9.8520). (b) Except as exempt under EC 9.6792(2)(c), the standards in EC 9.6792(3) apply to all applications for development permits submitted after [effective date of this ordinance]. (c) The standards in EC 9.6792(3) do not apply to: 1. A land use application that will result in the construction or creation of less than 3,000 square feet of new or replaced impervious surface at full buildout of the development. 2. A development permit application for any of the following: a. Development of a lot or parcel included in a land use application that was determined by the city to comply with the standards in EC 9.6792(3). For such a development permit, the approved land use plan shall control. b. Development of a lot or parcel that was not included in a land use application that was determined by the city to comply with the standards in EC 9.6792(3) and: (1) Will result in less than 3,000 square feet of new or replaced impervious surface within a 12 month period; or (2) Is to construct or alter a one or two family dwelling; or (3) The replacement of more than 3,000 square feet of impervious surface for purposes of maintenance or repair for the continuance of the current function, providing that as part of such maintenance and repair the applicant is replacing less than 50% of the length of the stormwater drainage system (including pipes, drainageway catch basins and drywells) on the development site. Ordinance - 6 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc (3)Standards. (a) Applications shall include pollution reduction facilities selected from the Stormwater Management Manual as follows: 1. For land use applications listed in EC 9.6792(2)(a) for undeveloped land, the selected pollution reduction facilities shall treat all the stormwater runoff from the development site that will result from the water quality design storm; 2. For land use applications listed in EC 9.6792(2)(a) that change or add development to an already developed site, the selected pollution reduction facilities shall treat the stormwater runoff from all added and replaced impervious surface that will result from the water quality design storm; 3. For development permit applications, the selected pollution reduction facilities shall treat all stormwater runoff from all new or replaced impervious surface, or an equivalent on-site area, that will result from the water quality design storm. (b) All pollution reduction facilities shall be sited, designed and constructed according to the pollution reduction provisions and the facility design requirements set forth in the Stormwater Management Manual. Pollution reduction facilities must be designed using one of the three methodologies outlined in the Stormwater Management Manual. (c) The standards in EC 9.6792(3) may be adjusted pursuant to EC 9.8030(24). 9.6793 Stormwater Flow Control (Headwaters). (1)Purpose. The purpose of EC 9.6793 is to protect waterways in the headwaters area from the erosive affects of increases in stormwater runoff peak flow rates and volumes resulting from development. (2)Applicability and Exemptions . (a) Except as exempt under EC 9.6793(2)(c), the standards in EC 9.6793(3) apply to all land use applications for development sites in the headwaters area that drain directly into a headwater stream or drain into a pipe that discharges into a headwater stream that are submitted after [effective date of this ordinance,] requesting approval of one or more of the following: 1. A cluster subdivision - tentative plan (EC 9.8055); 2. A conditional use (EC 9.8090 or 9.8100); 3. A partition - tentative plan that includes the creation or construction of a street (EC 9.8215 or 9.8220); 4. A planned unit development - tentative plan (EC 9.8320 or 9.8325); 5. Site review (EC 9.8440 or 9.8445); 6. A subdivision tentative plan (EC 9.8515 or 9.8520). Ordinance - 7 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. (b) Except as exempt under EC 9.6793(2)(c), the standards in EC 9.6793(3) apply to all applications for development permits for development sites in a headwaters area that drain directly into a headwater stream or drain into a pipe that discharges into a headwater stream that are submitted after [effective date of this ordinance]. (c) The standards in EC 9.6793(3) do not apply to: 1. A land use application that will result in the construction or creation of less than 3,000 square feet of new or replaced impervious surface at full buildout of the development. 2. A development permit application for any of the following: a. Development of a lot or parcel included in a land use application that was determined by the city to comply with the standards in EC 9.6793(3). For such a development permit, the approved land use plan shall control. b. Development of a lot or parcel that was not included in a land use application that was determined by the city to comply with the standards in EC 9.6793(3)and: (1) Will result in less than 3,000 square feet of new or replaced impervious surface within a 12 month period; or (2) Is to construct or alter a one or two family dwelling; or (3) Is for the replacement of more than 3,000 square feet of impervious surface for purposes of maintenance or repair for the continuance of the current function, providing that as part of such maintenance and repair the applicant is replacing less than 50% of the length of the stormwater drainage system (including pipes, drainageway catch basins and drywells) on the development site. 3. Development sites within a drainage basin for which the city has constructed or approved a project to restore the receiving waterway, and the entire downstream system has been designed to accommodate full build-out conditions within the drainage basin. (3) Standards. (a) Applications shall demonstrate, using methodology in the Stormwater Management Manual, that peak rates of flow delivered to an existing open waterway at a point above 500 feet in elevation will not increase during storms larger than the water quality design storm and smaller than the flood control design Ordinance - 8 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. storm as a result of the development that is the subject of the application; (b) For purposes of designing the system as required by the standards in this section, the amount of impervious surface per lot is assumed to be the maximum lot coverage allowed for the use in the zone in which it is located, unless the applicant demonstrates otherwise. (c) All facilities to control the rate of stormwater runoff shall be sited, designed and constructed according to the flow control provisions and the facility design requirements set forth in the Stormwater Management Manual. Flow control facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual. (d) The standards in EC 9.6793(3) may be adjusted pursuant to EC 9.8030(24). 9.6794 Stormwater Oil Control. (1) Purpose. The purpose of EC 9.6794 is to protect the city’s stormwater system from oil and grease from stormwater runoff of impervious surface areas on properties that produce high concentrations of these pollutants. (2)Applicability. Oil control standards set forth in EC 9.6794(3) apply to: (a) All new commercial and industrial development with parking lots that store wrecked or impounded vehicles; or (b) Any development that would result in an expected daily traffic count greater than one hundred vehicles per 1,000 square feet of gross building area, based on the most recent version of The Institute of Transportation Engineers’ Trip Generation Manual; or (c) Any development that would result in 100 or more off-street parking spaces; or (d) Any commercial or industrial development that receives an adjustment approving the installation of 125 percent or more of the minimum off-street parking spaces required by EC 9.6410(3), Minimum Number of Required Off-Street Parking Spaces and that adjustment will result in, at least, a total of 10 parking spaces. (3)Standards. Unless adjusted pursuant to EC 9.8030(24), all oil control facilities shall be sited, designed and constructed according to the oil control provisions and the facility design requirements set forth in the Stormwater Management Manual. Ordinance - 9 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. 9.6795 Stormwater Source Controls. (1)Purpose. The purpose of EC 9.6795 is to prevent stormwater pollution by eliminating pathways that may introduce pollutants into stormwater. (2)Applicability and Exemptions. Except as exempted below and except when the source control would duplicate source controls required by a state or federal permit obtained by the applicant, source control standards set forth in EC 9.6795(3), apply to all land use applications, development permits and tenant improvements that result in any of the defined site uses or characteristics listed in EC 9.6795(2)(a)–(h). (a) Fuel dispensing facilities and surrounding traffic areas where vehicles, equipment, or tanks are refueled on the premises. A fuel dispensing facility is the area where fuel is transferred from bulk storage tanks to vehicles, equipment, and/or mobile containers. Exempt from this subsection are: 1. Propane tanks. 2. Fuel dispensing areas generally used to service oversized equipment, for example cranes, that cannot maneuver under a roof or canopy. 3. Existing fueling areas where scope of work is limited to a new canopy installation over an existing fuel pad that is not being upgraded, an underground tank replacement for compliance with state regulations, or the replacement of a fuel pump on an existing fuel pad that is not being upgraded. (b) Exterior storage of liquid materials, for example chemicals, food products, waste oils, solvents, process wastewaters, or petroleum products in aboveground containers, in quantities of 50 gallons or more, including permanent and temporary storage areas. Exempt from this subsection are underground storage tanks or installations requiring a Water Pollution Control Facility (WPCF) permit and containers with internal protections (such as double- walled containers). (c) All facilities that store solid waste. A solid waste storage area is a place where solid waste containers, including compactors, dumpsters, and garbage cans, are collectively stored. Solid waste storage areas include, areas used to collect and store refuse or recyclable materials collection areas. Exempt from this subsection are solid waste storage areas for one and two family dwelling and areas used for the temporary storage of wood pallets or cardboard. (d) Developments that stockpile or store high-risk or low-risk bulk materials in outdoor containers, as the terms “high risk” and “low Ordinance - 10 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. risk” are in the Stormwater Management Manual. Exempt from this subsection are: 1. Materials which have no measurable solubility or mobility in water and no hazardous, toxic or flammable properties. 2. Materials which exist in a gaseous form at ambient temperature. 3. Materials, except for pesticides and fertilizers, that are contained in a manner that prevents contact with stormwater. (e) Developments proposing the installation of new material transfer areas as defined in the Stormwater Management Manual, or structural alterations to existing material transfer areas, such as access ramp re-grading and leveler installations. Exempt from this subsection are areas used only for mid-sized to small-sized passenger vehicles and restricted by lease agreements or other regulatory requirements to storing, transporting or using materials that are classified as domestic use, for example, primary educational facilities (elementary, middle or high schools), buildings used for temporary storage and churches. (f) All development with a designated equipment or vehicle washing or steam cleaning area, including smaller activity areas such as wheel-washing stations. Exempt from this subsection are: 1. Washing activity areas generally used to service oversized equipment than cannot maneuver under a roof or canopy, for example cranes and sail boats. 2. Evaporation unit installed as part of a wash recycling system are exempt from the wastewater connection requirement. 3. One and two family dwelling sites. Development that is intended for the storage of 10 or more fleet vehicles shall include a designated vehicle washing area. (g) All development projects that disturb property suspected or known to contain contaminants in the soil or groundwater. (h) All development with new covered vehicle parking areas, or existing parking structures that are being developed. Exempt from this subsection are single-level canopies, overhangs and carports. (3)Standards. Unless adjusted pursuant to EC 9.8030(24), all source controls shall be designed and constructed according to the source control provisions set forth in the Stormwater Management Manual. (4) Enforcement . Failure to construct, operate and maintain source controls when a land use application, development permit or tenant improvement has resulted in a defined site use or characteristic listed in Ordinance - 11 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. EC 9.6795(1)(a)-(h) is subject to enforcement in accordance with EC Chapter 6. 9.6796 Dedication of Stormwater Easements. (1) Purpose. The purpose of EC 9.6796 is to ensure that city maintained stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6795 and the Stormwater Management Manual can be accessed by the city for routine and/or emergency maintenance to protect life and property from flood and drainage hazards, ensure that water quality is protected, and to ensure that waterways in the headwaters area are protected from the erosive effects of runoff. (2) Applicability. Stormwater easement standards set forth in EC 9.6791 apply to all land use applications and development permits that result in the construction of a city maintained stormwater management facility. (3) Standards. The applicant must dedicate public easements approved by the city over city maintained stormwater management facilities provided the city makes findings to demonstrate consistency with constitutional requirements. The conveyance of ownership or dedication of easements may be required in any of the following circumstances: (a) Except for areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any open drainage way, headwater, stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto or from city-owned property or into city maintained facilities. (b) For areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any water course or channel. (c)Where necessary to extend public drainage facilities and services to adjoining undeveloped property. (d) To provide necessary drainage from the public right-of-way. (e) Where the City has accepted functional maintenance responsibility for pollution reduction and/or flow control facilities in accordance with EC 9.6797(4)(b). 9.6797 Stormwater Operation and Maintenance. (1)Purpose. The purpose of EC 9.6797 is to ensure that stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6796 and the Stormwater Management Manual are operated and maintained in a manner that protects life and property from flood Ordinance - 12 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. and drainage hazards, protects water quality, and protects the waterways in the headwaters area from the erosive effects of runoff. (2)Applicability. Operation and maintenance standards apply to all facilities designed and constructed in accordance with EC 9.6792 through EC 9.6795 and the Stormwater Management Manual. (3)Standards. (a) Unless the city accepts the responsibility to operate and maintain a stormwater facility, all stormwater management facilities shall be privately operated and maintained. (b) All stormwater facilities shall be operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. (c) Privately maintained facilities. Applications proposing private operation and maintenance of all or part of the stormwater facility shall include an Operations and Maintenance Plan in accordance with the forms adopted as a part of the Stormwater Management Manual. (d) Publicly maintained facilities. Applications proposing city operation and maintenance of all or part of the stormwater facility shall include an Operations and Maintenance Agreement in accordance with the facility agreements adopted as a part of the Stormwater Management Manual. (4) City Maintenance. (a) If the conditions of EC 9.6797(4)(b) are satisfied, the city will accept functional maintenance responsibility of the following facilities: 1. A facility designed and constructed to provide treatment solely for runoff from the public right-of-way; 2. A facility designed and constructed to provide treatment solely for runoff from 4 or more one and two family residential properties that are not under common ownership; 3. A facility designed and constructed to provide treatment solely for runoff that is a combination of one and two family residential properties not under common ownership and the public right-of-way. (b) The city will accept functional maintenance responsibility of a facility listed in EC 9.6797(4)(a) if all of the following conditions are met: 1. The city has approved the dedication of the easement or public way to the city the property on which the facility is located or the city has approved plans allowing the facility to be placed within the public right-of-way; and Ordinance - 13 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. 2. The city has approved plans dedicating the drainage system conveying runoff from the residential properties to the stormwater facility as a public drainage system; and 3. The stormwater facility access routes have been located within a dedicated public easement on private or commonly held property, within the public right-of-way or on city owned property; and 4. Sufficient easement area, right-of-way width or property have been provided to accommodate the construction and maintenance of all existing and proposed utilities and public infrastructure; and 5. The facility is designed and constructed in accordance with the city’s Stormwater Management Manual; and 6. Access to the proposed facility allows maintenance to be performed using city owned maintenance equipment; and 7. As-construct plans of the drainage system shall be submitted designating all facilities that are proposed for public maintenance within 30 days of the city accepting maintenance responsibilities; and 8. The facility is designed and constructed in compliance with the city’s Public Improvement Design Standards Manual. (c) Notwithstanding EC 9.6797(4)(a) and (b), the city will not accept operation and maintenance responsibility of eco-roofs, roof gardens, pervious pavement, contained planters, tree credits, rainwater harvesting or private drywells. (5)Private Operation and Maintenance. All privately operated and maintained stormwater management facilities shall be operated and maintained in accordance with EC Chapter 6. Section 5 . Subsection (24) is added to Section 9.8030 of the Eugene Code, 1971, to provide: 9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. (24) Stormwater Pollution Reduction, Flow Control, Oil Control and Source Control Standards Adjustment. (a) The requirement in EC 9.6792(3)(a)1 and EC 9.6792(3)(a)3 that selected pollution reduction facilities shall treat all the stormwater runoff that will result from the water quality design storm may be adjusted upon a finding that the selected pollution reduction facility will treat as much of the runoff as possible and one of the Ordinance - 14 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. following applies: 1. The area generating untreated runoff is less than 500 square feet of impervious surface and is isolated from the pollution reduction facility; 2. The area generating untreated runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated runoff to the pollution reduction facility; 3. Constructing pollution reduction facilities to treat the runoff from the area at issue would require removal of trees or damage to other natural resources; or 4. The area generating untreated runoff is less than 500 square feet of impervious surface and limited access to the area would prevent regular maintenance of the pollution reduction facility. (b) The requirement in EC 9.6792(3)(b) that all pollution reduction facilities be selected from and sited, designed, and constructed according to the pollution reduction provisions and the facility design requirements set forth in the Stormwater Management Manual and that pollution reduction facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual may be adjusted upon finding that all of the following requirements are met: 1. The proposed alternative design will achieve equal, or superior, results for function (reducing pollution), maintainability and safety, and the proposed siting does not adversely affect structures or other properties. 2. The applicant’s written description of the proposed alternative design has been reviewed and approved by the City Engineer. The description of the proposed design submitted for review must include all of the following information for each component of the proposed alternative design: a. Size, technical description, capacity, capital cost, design life, construction process and costs, consequences of improper construction, operation and maintenance requirements and costs; b. Data on the effectiveness of proposed alternative technologies, if available, including data from laboratory testing and pilot/full-scale operations, and information regarding the operations of any full-scale installations; c. Any other available information about the proposed design, including peer review articles, scientific or engineering journals, and approvals from other Ordinance - 15 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. jurisdictions. 3. The applicant has submitted a method and schedule for monitoring the effectiveness of the proposed design once constructed, and a schedule for its maintenance. 4. The applicant has submitted a signed statement that the applicant will replace the alternative pollution reduction facility if the facility does not function as proposed. (c) The requirement in EC 9.6793(3)(a) and EC 9.6793(3)(b) may be adjusted upon a finding that the flow control facility will control flow rates as much as possible and one of the following applies: 1. The area at issue generating runoff is less than 500 square feet of impervious surface and is isolated from the flow control facility; 2. The area at issue generating runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated runoff to the flow control facility; 3. Constructing facilities to control the flow of runoff from the area at issue would require removal of trees or damage to other natural resources; 4. The area at issue generating runoff is less than 500 square feet of impervious surface and limited access to the area would prevent regular maintenance of the flow control facility. (d) The requirements in EC 9.6793(3)(d) that all flow control facilities be selected from and sited, designed, and constructed according to the flow control provisions and the facility design requirements set forth in the Stormwater Management Manual may be adjusted upon finding that all of the following requirements are met: 1. The proposed alternative design will achieve equal, or superior, results for function (maintaining flow or restricting flow or both), maintainability and safety, and the proposed siting does not adversely affect structures or other properties; 2. The applicant’s written description of the proposed alternative design has been reviewed and approved by the City Engineer. The description of the proposed design submitted for review must include all of the following information for each component of the proposed alternative design: a. Size, technical description, capacity, capital cost, design life, construction process and costs, consequences of improper construction, operation and maintenance requirements and costs; b. Data on the effectiveness of proposed alternative Ordinance - 16 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. design, if available, including data from laboratory testing and pilot/full-scale operations, and information regarding the operations of any full-scale installations; c. Any other available information about the proposed design, including peer review articles, scientific or engineering journals, and approvals from other jurisdictions. 3. The applicant has submitted a method and schedule for monitoring the effectiveness of the proposed design once constructed, and a schedule for its maintenance; 4. The applicant has submitted a signed statement that the applicant will replace the alternative flow control facility if the facility does not function as proposed. (e) The requirement in EC 9.6795(3) that oil control facilities be sited, designed and constructed according to the oil control provisions and the facility design requirements set forth in the Stormwater Management Manual may be adjusted if the applicant can demonstrate that the selected oil control facility will achieve the same result as those listed in the Stormwater Management Manual. (f) The requirement in EC 9.6796(3) that source controls be sited, designed and constructed according to source control provisions set forth in the Stormwater Management Manual may be adjusted if the applicant can demonstrate that the selected source control will achieve the same result as those listed in the Stormwater Management Manual. Applicants seeking an adjustment to EC 9.6796(3) must submit a completed authorization request form adopted as part of the Stormwater Management Manual. Section 6 . Subsection (1) of Section 9.8055 of the Eugene Code, 1971 is amended as follows: 9.8055 Cluster Subdivision- Approval Criteria - General. The planning director shall approve, approve with conditions, or deny a proposed cluster subdivision. Approval or approval with conditions shall be based on the following: (1) The proposed subdivision complies with: (a) EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General except for the standards related to EC 9.2760 Residential Zone Lot Standards; (b) EC 9.2750 Residential Zone Development Standards; (c) EC 9.2000 through 9.3915 regarding lot dimensions, solar Ordinance - 17 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. standards, and density requirements for the subject zone; (d) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards; [and] (e) EC 9.6800 through EC 9.6875 Streets, Alleys, and Other Public Ways Standards[.]; and (f) EC 9.6791 through 9.6797 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. The residential lot and development standards may be relaxed based on compliance with the remainder of the cluster subdivision criteria. 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. Section 7 . Subsection (8) of Section 9.8090 of the Eugene Code, 1971, is amended as follows: 9.8090Conditional Use Permit Approval Criteria - General. A conditional use permit shall be granted only if the proposal conforms to all of the following criteria: (8) The proposal complies with all applicable standards, including but not limited to: (a) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density requirements for the subject zone; (b) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards; [and] (c) EC 9.6791 through 9.6797 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance; and ([c]d) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and other Public Ways; ([d]e) Where the proposal is to establish non-residential uses subject to residential density requirements on development sites in the residential zone category, it shall achieve the minimum and maximum density requirements in accordance with Table 9.2750 Residential Zone Development Standards, unless specifically exempted elsewhere in this code or granted a modification through an approved conditional use permit. For purposes of calculating “net density,” the acreage of land considered shall include the entire development site and exclude public property, Ordinance - 18 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. such as public streets, parks, and other public facilities. In considering whether to grant a modification to the density requirements, the hearings official shall evaluate the following factors: 1. The availability of the development site for residential use on August 1, 2001. The term “availability” in this section shall include consideration of whether the site was already developed with non-residential uses or had other site constraints impacting its suitability for residential use. 2. The necessity of the development site to be developed with residential uses to be able to achieve the minimum residential density for the area designated on the Metro Plan Land Use Diagram for either medium- or high-density residential use. 3. Adopted plan policies indicate the suitability and appropriateness of the site for non-residential use. 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. Additional criteria may also be required based on the applicability of other sections of this land use code. Section 8 . Subsection (4) of Section 9.8100 of the Eugene Code, 1971 is amended as follows: 9.8100 Conditional Use Permit Approval Criteria- Needed Housing. The hearings official shall approve, conditionally approve, or deny the conditional use permit application. Unless the applicant elects to use the general criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria - General, where the applicant proposes needed housing, as defined by the State statutes, the hearings official shall approve or approve with conditions a conditional use based on compliance with the following criteria: (4) The proposal complies with all applicable standards, including, but not limited to: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (b) EC 9.6710(6) Geological and Geotechnical Analysis. (c) EC 9.6730 Pedestrian Circulation On-Site. (d) EC 9.6735 Public Access Required. (e) EC 9.6750 Special Setback Standards. (f) EC 9.6775 Underground Utilities. (g) EC 9.6780 Vision Clearance Area. (h) EC 9.6791 through 9.6796 regarding stormwater destination, Ordinance - 19 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([h]i) 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. Section 9 . Subsection (1) of Section 9.8215 of the Eugene Code, 1971 is amended as follows: 9.8215 Partition, Tentative Plan Approval Criteria- General. The planning director shall approve, approve with conditions, or deny a partition, with findings and conclusions. Approval, or approval with conditions, shall be based on compliance with the following criteria: (1) The proposed partition complies with all of the following: (a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel dimensions and density requirements. (b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other Public Ways. (c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards. (d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (e) EC 9.6710 Geological and Geotechnical Analysis. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([j]k) All other applicable development standards for features explicitly included in the application. ([k]l) The applicable adopted plan policies beginning at EC 9.9500. 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. Section 10 . Subsection (2) of Section 9.8220 of the Eugene Code, 1971 is Ordinance - 20 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. amended as follows: 9.8220 Partition, Tentative Plan Approval Criteria- Needed Housing. The planning director shall approve, conditionally approve, or deny the partition application. Unless the applicant elects to use the general criteria contained in EC 9.8215 Partition, Tentative Plan Approval Criteria- General, where the applicant proposes needed housing, as defined by the State statutes, the planning director shall approve or approve with conditions a partition based on compliance with the following criteria: (2) The proposed partition complies with all of the following: (a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel dimensions and density requirements. (b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other Public Ways. (c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards. (d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (e) EC 9.6710(6) Geological and Geotechnical Analysis. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([j]k) EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards. ([k]l) All other applicable development standards for features explicitly included in the application. 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. Section 11 . Subsection (11) of Section 9.8320 of the Eugene Code, 1971 is amended as follows: 9.8320Tentative 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 Ordinance - 21 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. 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. (b) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (d) EC 9.6710 Geological and Geotechnical Analysis. (e) EC 9.6730 Pedestrian Circulation On-Site. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([j]k) All other applicable development standards for features explicitly included in the application except where the applicant has shown that a proposed noncompliance is consistent with the purposes set out in EC 9.8300 Purpose of Planned Unit Development. 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. Section 12 . Subsection (7) of Section 9.8325 of the Eugene Code, 1971 is amended as follows: 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. (b) EC 9.6500 through [9.6510] 9.6505 Public Improvement Standards. Ordinance - 22 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (d) EC 9.6710(6) Geological and Geotechnical Analysis. (e) EC 9.6730 Pedestrian Circulation On-Site. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. 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. Section 13 . Subsection (5) of Section 9.8440 of the Eugene Code, 1971 is amended as follows: 9.8440Site Review Approval Criteria-General . The planning director shall approve, conditionally approve, or deny the site review application. Approval or conditional approval shall be based on compliance with the following criteria: (5) The proposal complies with all of the following standards: (a) EC 9.2000 through 9.3915 regarding lot dimensions and density requirements for the subject zone. (b) EC 9.6500 through [9.6510] 9.6505 Public Improvement Standards. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (d) EC 9.6710 Geological and Geotechnical Analysis. (e) EC 9.6730 Pedestrian Circulation On-Site. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([j]k) All other applicable development standards for features explicitly included in the application. Ordinance - 23 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. 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. Section 14 . Subsection (4) of Section 9.8445 of the Eugene Code, 1971 is amended as follows: 9.8445 Site Review Approval Criteria- Needed Housing. The planning director shall approve, conditionally approve, or deny the site review application. Unless the applicant elects to use the general criteria contained in EC 9.8440 Site Review Approval Criteria - General, where the applicant proposes needed housing, as defined by the State statutes, the planning director shall approve or approve with conditions a site review based on compliance with the following criteria: (4) The proposal complies with 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] 9.6505 Public Improvement Standards. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (d) EC 9.6710 (6) Geological and Geotechnical Analysis. (e) EC 9.6730 Pedestrian Circulation On-Site. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([j]k) All other applicable development standards for features explicitly included in the application. 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. Section 15 . Subsections (1) and (10) of Section 9.8515 of the Eugene Code, 1971 are amended as follows: 9.8515 Subdivision, Tentative Plan Approval Criteria - General. The planning director shall approve, approve with conditions, or deny a proposed Ordinance - 24 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. 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; (b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other Public Ways; and (c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards. (10) The proposed subdivision complies with all of the following: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (b) EC 9.6710 Geological and Geotechnical Analysis. (c) EC 9.6730 Pedestrian Circulation On-Site. (d) EC 9.6735 Public Access Required. (e) EC 9.6750 Special Setback Standards. (f) EC 9.6775 Underground Utilities. (g) EC 9.6780 Vision Clearance Area. (h) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. ([h]i) The proposed subdivision complies with other applicable development standards for features explicitly included in the application. 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. Section 16 . Subsection (3) of Section 9. 8520 of the Eugene Code, 1971 is amended as follows: 9.8520 Subdivision, Tentative Plan Approval Criteria- Needed Housing. The planning director shall approve, conditionally approve, or deny the subdivision application. Unless the applicant elects to use the general criteria contained in EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General, where the applicant proposes needed housing, as defined by the State statutes, the planning director shall approve or approve with conditions a subdivision based on compliance with the following criteria: (3) The proposed subdivision complies with all of the following: (a) EC 9.2000 through 9.3915 regarding lot dimensions and density requirements for the subject zone. (b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other Public Ways. Ordinance - 25 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. (c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards. (d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (e) EC 9.6710(6) Geological and Geotechnical Analysis. (f) EC 9.6730 Pedestrian Circulation On-Site. (g) EC 9.6735 Public Access Required. (h) EC 9.6750 Special Setback Standards. (i) EC 9.6775 Underground Utilities. (j) EC 9.6780 Vision Clearance Area. (k) EC 9.6791 through 9.6796 regarding stormwater destination, pollution reduction, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. 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. Section 17. 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. Section 18. Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor. Passed by the City Council this Approved by the Mayor this ___ day of _____________, 2006. ___ day of ____________, 2006. ___________________________ __________________________ City Recorder Mayor Ordinance - 26 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session. Exhibit A to this Ordinance was included in the 3/13/06 City Council Work Session packet. In order to preserve paper, the thirteen page document is not reproduced for this AIS. City staff have made no changes to Exhibit A since the 3/13/06 Council Work Session. ATTACHMENT B -----Original Message----- From: HANDY Rob (SMTP) Sent: Monday, April 10, 2006 7:04 PM To: *Eugene Mayor and City Council Cc: KEPPLER Peggy A; WALCH Therese Subject: Testimony: Stormwater Ordinance (Please include in the public record...thanks, Rob) April 10, 2006 To: Mayor Piercy and Eugene City Council cc” Peggy Keppler Therese Walch Re: Ordinance Concerning Stormwater Development Standards Comments made at the March 13 work session by Councilors were appreciated by the public. Having an integrated approach to stormwater policy and implementation across City departments will be helpful. One Councilor suggested that the community’s values and important details were yet missing from the draft ordinance. The City attorney explained that the ordinance is the place where explicit goals of the community should be incorporated. I ask that the hearing be kept open for a week to allow more comments to be made to the record. Additionally, I ask you to postpone enacting this ordinance until after completion of the River Road/ Santa Clara Stormwater Basin Plan. My understanding is that this ordinance is a key part of the implementation of the comprehensive set of Basin Master Plans. Along with the capital projects lists in each of the individual Basin documents, the ordinance is supposed to be the main vehicle for implementing the Basin Plan provisions that apply to private property under development around the City, including in our neighborhood. Without the River Road/ Santa Clara Basin Plan being complete, enacting this ordinance before you is putting the cart before the horse. Although the ordinance appears to be heading in a “green” direction, the devil is in the details, and this ordinance stops short of including the natural stormwater conveyance systems important to water quality and flood control. In River Road and Santa Clara, the bottom line to me is this: Large areas of our neighborhood have a very characteristic and different drainage system than other areas of the city. Natural swales and roadside ditches, drywells, no storm sewers. Without our Basin Plan being complete, how will you incorporate our values and the devil in the details that will preserve and enhance the characteristics and natural drainage systems in our area? Since the plan for our area is not yet done, and we've not had formal public comment on it, does this means that any special aspects of our neighborhood drainage that might later be identified as needing to be addressed via this ordinance or other implementing devices ---will NOT be, because the implementing ordinance is being adopted BEFORE our plan is done. It is a "cart before the horse" situation for our neighborhood, though not for the others whose Basin Plans are done. Eugene's Comprehensive Stormwater Management Plan says "through an interconnected system of constructed and natural facilities, provide multiple stormwater benefits to the community..." Also, according to the Stormwater manual,: “The purpose of this manual is to provide stormwater management principles and techniques that help preserve or mimic the natural hydrologic cycle and achieve water quality goals.” Yet, mainly this ordinance requires construction of artificial stormwater management facilities. I don't see where "preservation" of natural facilities and the "natural hydrologic cycle" comes in to play with honoring or protecting the River Road and Santa Clara Basin. Without finishing a RR/SC Basin Plan, without meaningful language to incentivize natural drainage outcomes, this ordinance becomes "faux green" is some ways...allowing obliteration of natural drainage and its replacement with constructed 'facilities' --and it has too many exceptions. At the least, can we get codifiable assurance that the City will be open to amending this ordinance if any issues are raised later in our neighborhood basin plan that would logically be addressed in this ordinance? What about including reasonable aspects of the recent Open Waterways ordinance into these development standards? In the Final River Road/ Santa Clara Basin Plan there will be an inventory of drainageways/waterways for our area. We would like to incorporate language into the ordinance that refers to and protects those waterways. The ordinance mostly assumes technical design requirements for engineered solutions, so there is not much mention or even focus on natural solutions. Why not divide up the definition of “Stormwater Management Facility” into “Engineered” and “Natural Facilities (say with (a) and (b) subsections of that definition in 9.0500), and do the same for “Pollution Reduction Facility”? Can an open waterway function as both a stormwater management facility and a pollution reduction facility? It would seem so, but it’s not clear from the language of this ordinance. Also, the exemption for the 3000 square foot minimum is meaningless, it needs to be reduced to closer to 1000. Lastly, it is not often you have a direct opportunity to positively influence policy implementation toward our neighbors in River Road and Santa Clara. Please don’t put the cart before the horse. Incorporate language that will make our Basin Plan whole. Thank you, Rob Handy 455 1/2 River Road Eugene, OR. 97404 689 6372 ATTACHMENT C From: Teresa Damron [mailto:teresa@sperrytreecare.com] Sent: Monday, April 10, 2006 7:49 PM To: *Eugene Mayor and City Council Cc: KEPPLER Peggy A; WALCH Therese Subject: Stormwater ordinance Dear Mayor Piercy, Council and City Staff, I am unexpectedly unable to attend the Council meeting this evening and speak to you in person, so I am sending my comments via email instead. First off, a concern: The River Road/Santa Clara Basin Master Plan is close to completion, but not yet complete. This is an important piece of work that should be considered first. We have an extensive natural stormwater drainage system that works here in River Road and it should be preserved. I know this ordinance talks about bioswale design and other natural sounding systems, but my experience is they tend to be expensive, artificial, over-engineered, and generally overbuilt reproductions of the real thing we have in our neighborhood. We like our natural drainage system that was created in the same geologic event that created the Willamette River, and believe it will be threatened by the Stormwater ordinance as written. But, if you must move on this ordinance before our plan is complete: Please fold the Open Waterways ordinance into this current Stormwater ordinance. That ordinance spoke well to the water quality values important to all of us. Goal 5 is complete and the language from that ordinance belongs in this Stormwater ordinance. Thank you for your hard work and consideration, Teresa Damron 605 Howard Ave. Eugene, OR 97404