Eugene Ordinance Exhibit J <br />[Lane County Ordinance Exhibit G] <br />periodic review, shall: (a) Amend its urban growth boundary to provide additional buildable lands <br />sufficient to compensate for the loss of buildable lands caused by the application of Goal 5; (b) <br />Redesignate other land to replace identified land needs under Goals 9, 10, and 14 provided such <br />action does not take the plan out of compliance with other statewide goals; or (c) Adopt a <br />combination of the actions described in subsections (a) and (b) of this section. <br />The actions taken do not include the adoption of measures to protect significant Goal 5 resource sites <br />inside the UGB that existed at the time of the actions. (If it had done so, this rule would require the City <br />and County to, prior to or at the next periodic review, expand the UGB to compensate for the loss of <br />buildable lands caused by the application of Goal 5, redesignate other land to replace identified land <br />needs or both.) <br />the City is taking measures (application of the /WR Water Resources overlay zone) to protect significant <br />resource sites in the proposed Santa Clara UGB expansion area, but those Goal 5 measures do not affect <br />any land on the acknowledged (pre-expansion) BLI, or a proposed BLI, as they are located on land that <br />needed to provide a community park. <br />Based on this, OAR 660-023-0070 does not constitute an exception to the rule at 660-024-0020(1)(c) <br />which provides that Goal 5 and related rules under OAR chapter 660, division 23, apply only in areas <br />added to the UGB. <br />OAR 660-023-0250(3) - Applicability <br />Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA <br />affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only <br />if: <br />(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use <br />regulation adopted in order to protect a significant Goal 5 resource or to address specific <br />requirements of Goal 5; <br />(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 <br />resource site on an acknowledged resource list; or <br />(c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating <br />that a resource site, or the impact areas of such a site, is included in the amended UGB area. <br />The actions taken do not change existing Goal 5 lists or site protections, as described in OAR 660-023- <br />0250(3)(a) and (b). <br />OAR 660-023-0250(3)(c) requires the City to apply Goal 5 only within the UGB expansion area and only <br />to respond to factual information submitted into the local record demonstrating that the expansion area <br />includes a Goal 5 resource sit.' Although not required to do so, the City and County chose to be <br />' Testimony submitted by Bill Kloos, on behalf of the Eugene Sand and Gravel Co., argues that the City and County <br />are required to expand the UGB to include, for urban industrial development, mining land that is currently on the <br />County's inventory of Goal 5 aggregate resources, and that is currently subject to Goal 5 protections (protective <br />comprehensive plan designation and County zoning). The City and County have found that the Goal 5 listing and <br />protection measures that apply to the vast majority of the mining site impose development constraints on that <br />portion of the site that make it unavailable for industrial development. Based on the mining company's claims that <br />4 <br />May 2017 <br />