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ADMINISTRATIVE ORDER N~. 55-09-o7-F <br />of the <br />City Manager of the City of Eugene <br />ADOPTION OF IWQ WATER. QUALITY OVERLAY ZONE RULE ~R- <br />9.47~'0. <br />The City Manager of the City of Eugene fua,ds that: <br />A. Section 2.019 of the Eugene Code, 1971 authorizes the City Manager to adopt <br />rules for implementation of any provisions of that Code. Sections 9.4770 through 9.4790, <br />establishing the IWQ Water Quality overlay Zone, its purpose, applicability, siting requirements, <br />permitted and prohibited uses and a process for map correction or removal of the IWQ Overlay <br />Zone, were added to the Eugene Code, 1971 SEC} by Ordinance No. 20430, adopted on March 9, <br />2009; and will become effective on June 10, 2009. ~ _ <br />B. Section 25 of Grdinance~ NQ. 2x430 adopts the electronic Water Quality <br />Waterways Map, which depicts the location of lot lines, applicable setback measurement points <br />centerline or top of high bank} and Water Quality N1a~aagement Areas. EC 9.47781}~d} directs <br />the City Manager to ~ adapt an administrative rule describing the procedures the City used, to map <br />the IWQ setbacks on the Watex Quality Waterways Map. Pursuant to EC 9.478~~2}, the City <br />shall consider the procedures . described in the administrative rule when it reviews any future <br />requests for aWater -Quality Waterways Map correction. or a request for removal of the IWQ <br />Overlay Zone. <br />C. Pursuant to 9.47802}, 9.478~~3}, ~~and 9.803025}, some. uses, activities and <br />adjustments within the IWQ Overlay Zone can be allowedlapproved if the applicant submits a <br />certification that after the use, activity ~r adjustment is in ,place, there will be a water quality <br />function rating equal to or greater ,than the subject lot's rating before ,the use, activity ~or <br />adjustment. This certification must be based on a Water Quality Function Rating System that, <br />pursuant to. EC 9.4782, is contained in administrative rules adopted by the City Manager in <br />accordance with EC 2.019. <br />D. Pursuant to EC 2.019, on May 11, 2009,1 issued Administrative Order No.58-09- <br />07proposing the adoption of IWQ Water Quality overlay Zone Rule R-9.4770 effective June 10, <br />2009. ~ . <br />E. Notice of the proposed Rule adoption was published in .the Register-Guard <br />Newspaper ~an May 12,13,14,15 and 16, 2009. In addition, Notice was provided to the Mayor <br />and City Council, made available to any person who .had requested the notice, and made <br />available for review at the Public Works .Department, 99 E. Broadway, Suite 400, Eugene, <br />Gregon, 97401. The Notice provided that written comments would ~be received for a period of <br />15 days from the date of posting and publication, or at the public hearing to be held on May 27, <br />2009, at 4 p.m. in the Lyle Conference Raam bn the fourth floor of the Public Works <br />Department, 99 E. Broadway, Eugene, Gregon. There were no attendees at the public hearing, <br />Administrative order -Page 1 of 12 <br />