(d) The standards in EC 9.6793(3) may be adjusted pursuant to EC <br />9.8030(24). <br />Response: The project will connect to the existing stormwater facilities in Brackenfern Road that <br />were constructed with the East Ridge Village PUD, and the facilities presently under <br />review for construction in Deerfern Road that were planned and designed to <br />accommodate runoff from the area of the PUD proposed to be modified by this <br />application. As per Section 9.6793(2)(c)2.a., the standards of Section 9.6793 do not apply <br />to the development of a parcel included in a land use application that was determined by <br />the city to comply with the standards of Section 9.6793(3). While this application does <br />not request a development permit, existing land use approvals on the subject site were <br />reviewed and approved for consistency with Section 9.6793(3). Following approval of this <br />land use request, future development permits will continue to comply with the existing <br />and modified land use approvals on the subject site. These standards are not applicable. <br />9.6796 Dedication of Stormwater Easements. <br />(1) Purpose. The purpose of EC 9.6796 is to ensure that city maintained <br />stormwater management facilities designed and constructed in accordance <br />with EC 9.6791-9.6795 and the Stormwater Management Manual can be <br />accessed by the city for routine and/or emergency maintenance to protect life <br />and property from flood and drainage hazards, ensure that water quality is <br />protected, and to ensure that waterways in the headwaters area are protected <br />from the erosive effects of runoff. <br />(2) Applicability. Stormwater easement standards set forth in EC 9.6796(3) apply <br />to all land use applications and development permits that result in the <br />construction of a city maintained stormwater management facility. <br />(3) Standards. The applicant must dedicate public easements approved by the <br />city over city maintained stormwater management facilities provided the city <br />makes findings to demonstrate consistency with constitutional requirements. <br />The conveyance of ownership or dedication of easements may be required in <br />any of the following circumstances: <br />(a) Except for areas on the city's acknowledged Goal 5 inventory, where <br />the subject property in the proposed development is or will be <br />periodically subject to accumulations of surface water or is traversed <br />by any open drainage way, headwater, stream, creek, wetland, spring, <br />or pond, including those not maintained by the city which drain onto <br />or from city-owned property or into city maintained facilities. <br />(b) For areas on the city's acknowledged Goal 5 inventory, where the <br />subject property in the proposed development is or will be <br />periodically subject to accumulations of surface water or is traversed <br />by any water course or channel. <br />(c) Where necessary to extend public drainage facilities and services to <br />adjoining undeveloped property. <br />(d) To provide necessary drainage from the public right-of-way. <br />(e) Where the facility will provide treatment for runoff from the public <br />right-of-way and the City will be maintaining the facility. <br />Response: The project will connect to existing public stormwater facilities in Brackenfern Road that <br />were constructed with the East Ridge Village PUD, and were designed to accommodate <br />,~/►L7 East Highlands Lot 46 - City of Eugene November 2021 <br />PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 18 <br />Slope Easement Vacation <br />