Willamette River Greenway Code Amendments <br />Attachment C <br />9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review. <br />(2) If an initial proposal also requires an application be submitted for one or more of the following: <br />(e) Willamette River Greenway permit; or <br />9.8030 Adjustment Review - Approval Criteria. <br />The planning director shall approve, conditionally approve, or deny an adjustment review application. <br />Approval or conditional approval shall be based on compliance with the following applicable criteria. <br />(13) Tree Preservation and Removal Standards Adjustment. <br />The minimum tree preservation requirement and maximum mitigation allowance of EC <br />9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and <br />the proposed design complies with the criteria in subparagraphs (b) thFaugh e): <br />(a) Conditions. To qualify for an adjustment, one of the following conditions must apply: <br />1. Strict compliance with tree preservation and removal standards is not feasible due to <br />other requirements of this code or existing site constraints such as topography or other <br />natural features; or, <br />2. An adjustment to the minimum tree preservation and/or mitigation requirement is <br />necessary in order to achieve a net density greater than 75 percent of the maximum net <br />3. The existing trees required to meet the minimum preservation requirement are <br />unlikely to survive the level and type of anticipated development due to susceptibility to <br />windthrow or other natural causes of failure. <br />(b) Criteria To q' or an adjustment, the proposed design must meet the following <br />criteri <br />1. The proposed reduction min the minimum tree preservation requirement or increase <br />in mitigation allowance is necessary to accommodate a reasonable level of <br />development. <br />2. In no case shall the minimum tree preservation requirement be reduced below 30% <br />for areas at or above 900 feet elevation and areas within the Willamette River <br />Greenway Tree Preservation Zone 1, as depicted on Figure 9.6885(2)(e). <br />{c4 Except for areas at or above 900 feet elevation and areas within the Willamette <br />River Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e), <br />proposals may mitigate up to 100% of the minimum tree preservation requirement if <br />the following requirements are met: <br />A-1. For proposed subdivisions, new trees must be planted so that lots up to <br />7,000 square feet in area will contain a minimum of two trees and lots 7,000 <br />square feet or more will contain a minimum of three trees. <br />Draft: December 1, 2022 (Minor Revisions January 20, 2023) <br />Page 18 of 25 <br />Page 36 of 43 <br />