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Hearings Official Decision (PDT 24-1; ST 24-3) 9 Ordinance No. 20351, which the City asserts adopted the April 12, 1978, Scenic Sites Working Paper as part of the City’s Goal 5 inventory, was adopted in 2005 and updated the City’s Goal 5 inventory. It references the April 12, 1978 Scenic Sites Working Paper in its initial recitals, stating, in relevant part, “The City Council of the City of Eugene finds that: “* * * * * “E. In addition to the inventories of riparian, upland wildlife habitat and wetland sites, referred to above, the following inventories make up the entire inventory of significant Goal 5 resources within the City of Eugene: The April 12, 1978 Sand and Gravel Working Paper, the April 12, 1978 Scenic Sites Working Paper, the April 12, 1978 Willamette River Greenway Working Paper, the April 12, 1978 Archeological Sites Working Paper, the December 1, 1976 list of historic land marks, and the West Eugene Wetlands Plan.” Following the initial recitals, Ordinance 20351 adopted a Goal 5 Water Resources Conservation Plan, established applicable overlay zones and special development standards, and specifically, in Section 3 “[a]s they pertain to the areas within the City limits of Eugene, the following Exhibits are adopted as findings in support of this Ordinance: (a) Conflicting Uses and ESEE analysis attached as Exhibit B and (b) the Eugene Local wetland Inventory, attached as Exhibit C.” While that Ordinance does not expressly adopt the April 12, 1978, Scenic Sites Working Paper as an acknowledged Goal 5 Resource, the City relies on that Ordinance 20351 as establishing that adopted the 1978 Scenic Site Working Paper as part of the City’s acknowledged Goal 5 inventory. During his oral presentation at the July10, 2024 public hearing, and in his July 10, 2024 written hearing memorandum, the applicant’s attorney submitted evidence and extended argument to assert that, with the exception of the protected upland stream corridor on the subject property is therefore at the discretion and will of the developer. The Goal 5 status of this site and our recent adoption of Housing/Clear and Object standards as created the ability for an applicant to bypass long established tree preservation that the public has come to expect during this process. I believe this was not intended when the code was enacted, but is now in place and we are dealing with those unintended consequences in this Braewood application.” (Written post-hearing testimony of Lloyd Helikson, page 1, footnote 2, quoting what staff advised him was read into the record during the public hearing.) Consequently, according to staff, only the protected upland stream corridor on the subject property that is listed on the City’s adopted Goal 5 Water Resources Inventory (2005), as reflected by the /WR Water Resources Conservation Overlay zone for this property, is subject to protection.