HomeMy WebLinkAbout1.24.2023 Agenda PacketA
WPIanning Commission
Phone: 541-682-5481
www.eugene-or.gov/pc
AGENDA
Meeting Location:
Hybrid Meeting
(See How to Access this Meeting on next page)
The Eugene Planning Commission welcomes your interest in these agenda items. This Planning
Commission Work Session is in hybrid format without the ability for public comment. Members of
the public can watch or listen in using Zoom or phone in options. Information about online or other
options for access and participation is available on the last page of this agenda.
For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72-
hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72-
hour notice. These services may not be available during the Planning Commission meeting
based on service availability but may occur as a follow up service. To arrange for these services,
contact the Planning Division at 541-682-5675.
TUESDAY, January 24, 2023 - Regular Meeting 5:30 pm - 7:30 pm
Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan
Isaacson (Chair); Jason Lear, Chris Ramey
The Commission will begin the meeting with the City's Land Acknowledgement statement:
Since time immemorial the Kalapuya people have been the Indigenous stewards to our region,
building dynamic communities, maintaining balance with wildlife, and enacting sustainable land
practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and
to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and
1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States
government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the
impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous
people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya
descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the
Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our
communities here and across the lands. We express our respect for the inherent political sovereignty
of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and
across the nation. Therefore, the Planning Commission recognizes that what we do today will affect
the many generations who will come after us.
A. WORK SESSION: WILLAMETTE GREENWAY CODE AMENDMENTS (CA 22-1)
Work Session to deliberate on proposed land use code amendments that would establish
a set of clear and objective standards for the review of housing development within the
Willamette River Greenway.
Staff: Gabe Flock, 541-682-5697, GFlock eugene-or.gov
Staff: Jeff Gepper, 541-682-5282, JGepper(D-eugene-or.gov
Page 1 of 43
B. ITEMS FROM COMMISSION AND STAFF
1. Other Items from Staff
2. Other Items from Commission
3. Learning: How are we doing
HOW TO ACCESS THE MEETING
This work session will be in hybrid format without the ability for public comment. Planning
Commission and staff will meet in person (or via virtually if needed). Members of the public can
watch or listen in using Zoom or phone in options below.
To watch a webcast of the meeting live:
1. Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts
2. Join on your computer, tablet or smartphone
Visit: https://eugene-or-gov.zoom.us/m/88568352100
Sign up to speak by clicking once on the "raise hand" icon
3. Join on your phone
Dial one of the below numbers and enter the Webinar ID: 885 6835 2100
+1 833-548-0276 (Toll Free); or
+1 833-548-0282 (Toll Free); or
+1 877-853-5257 (Toll Free); or
+1 888-475-4499 (Toll Free);
For higher quality, dial a number based on your current location.
International numbers available: https://eugene-or-gov.zoom.us/u/kbEg My Ke59
Page 2 of 43
AGENDA ITEM SUMMARY
January 24, 2023
To: Eugene Planning Commission
From: Gabe Flock, Principal Planner & Project Manager
Jeff Gepper, Senior Planner
Subject: Deliberations on Willamette River Greenway Code Amendments
(City File: CA 22-1)
ACTION REQUESTED
At this work session, Planning Commission will deliberate on the proposed Willamette River
Greenway Code Amendments. Staff will present materials and topics raised in testimony and
questions from Commissioners following the second public hearing held on January 10, 2023.
BACKGROUND
The purpose of the Willamette River Greenway Code Amendments project is to update
Eugene's Willamette River Greenway Permit approval process to provide a set of clear and
objective approval criteria for the review of housing development within the Willamette River
Greenway. If the proposed amendments are adopted, an applicant seeking to develop housing
within the adopted boundary of the Willamette River Greenway will be able to choose to
proceed under the new clear and objective standards, or choose to proceed using the City's
discretionary approval criteria. The proposed code amendments do not change the adopted
Willamette River Greenway Boundary, which has been in existence since the mid-1970's.
The proposed clear and objective approval criteria are intended to ensure that housing
development within the Willamette River Greenway will continue to be reviewed for
consistency with the requirements of Statewide Planning Goal 15 (Willamette River Greenway),
and meet the "clear and objective" requirements of ORS 197.307 for housing. As discussed in
prior meetings on the topic, overall the proposed changes are intended to reduce barriers to
housing development, meet the City's obligations under State law, and maintain a balanced
approach to protecting the Willamette River Greenway with effective development standards.
In response to public input received as part of the first Planning Commission public hearing on
March 8, 2022, as well as Planning Commission deliberations and direction at the June 14, 2022
and August 2, 2022 Planning Commission meetings, staff updated the proposed Willamette
River Greenway Code Amendments with several changes to the draft code. The updates
generally include the following:
• Tree Preservation Standards Added
• Public Hearings Required for All Greenway Permits
• Greenway Setback Clarifications
• Parking Area Limitations Removed
• Reduced Length of Building Facades
Page 3 of 43
• Native Landscape Buffer Requirements Added
• Pedestrian Access Standards Mapping
Second Public Hearing
The updated draft code and topics noted above were the subject of a second Planning
Commission public hearing held on January 10, 2023. At the public hearing, seven people
provided spoken testimony. Their comments touched on a variety of issues and concerns such
as the relationship between this project and the River Road - Santa Clara neighborhood
planning process, ensuring improved Greenway protections through this code amendment
process, protecting public access and existing park land, and requirements for native plantings
near the river. Following the close of the public hearing, the Planning Commission voted to hold
the Planning Commission record open for additional written testimony through 5:00pm on
January 20, 2023.
Deliberations
At this deliberations meeting, the Planning Commission is asked to focus on the topics identified
by staff below as needing additional discussion.
• Things the Proposed Code Amendments Will Not Do
• Relationship to River Road-Santa Clara (RRSC) Neighborhood Plan
• Statewide Planning Goal 5 and Goal 15 Relationship
• Other Related Development Standards (Stormwater, Building Height, etc.)
• Further Review of Proposed Tree Preservation Standards
• Native Landscape Buffering
• Pedestrian Access Standards & Mapping Updates
These key topic areas are discussed in more detail in a staff response memo provided as
Attachment A. The City's adopted native plants list is also included as Attachment B for ease of
reference. Staff will also separately provide Commissioners with detailed maps of several
example development sites, showing the location of the Greenway setback and related tree
preservation zones on specific properties for more discussion as part of deliberations.
PROCEDURAL SUMMARY
As noted in prior materials for this project, the proposed land use code amendments are
subject to Type V application (legislative) procedures (EC 9.7500 through EC 9.7560), as well as
the approval criteria in EC 9.8065.
Notice of both prior public hearings on this subject was provided consistent with the notice
requirements for Type V (legislative) land use applications, and all written testimony received
through the date of the second public hearing has been provided to the Planning Commission
for consideration. Written testimony received as of the close the open record period following
the second public hearing will be provided separately. All testimony submitted to the Planning
Commission, including testimony submitted after January 20, 2023 at 5:00pm, will also be
forwarded to the City Council for their consideration as part of their subsequent public hearing
process.
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As a courtesy, written testimony received by the City, along with a variety of additional
information including the online Greenway Setback map, prior meeting materials and
recordings, and the updated draft code can also be found on the City's project website at:
https://www.eugene-or.gov/764/Land-Use-Code-Amendments.
MINOR DRAFT CODE UPDATES
Following the publishing of Version 2 of the draft Willamette Greenway Code Amendments,
dated December 1, 2022, there were some important legislative updates to the City's Land Use
Code. The City's adopted Clear and Objective Code Amendments which had been on appeal,
became effective and are now being implemented in Eugene. A caveat regarding these pending
amendments was provided in a footnote within Version 2 of the draft code, and they were
highlighted in a separate font color. Now that the Clear and Objective Code Amendments are
effective, the related footnotes and highlighting that were included in the draft Willamette
Greenway Code Amendments have been removed.
Additionally, a missing citation was added to the updated draft code. This change added a
specific year (2014) as the correct edition of American National Standards Institute (ANSI)
Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices, to make it
consistent with other sections of code that already clearly cite the 2014 ANSI standards.
These two minor updates can be seen in the revised Version 2 of the draft code amendments
included as Attachment C, dated January 20, 2023, which are also now available on the rp oiect
webpage. Due to the limited and non-substantive nature of these changes to the draft code, it
will continue to be referred to as a Revised Version 2 of the draft code.
NEXT STEPS
Further deliberations are tentatively scheduled for the Planning Commission's next meeting on
February 14, 2023, at which the Commission may reach a recommendation on the proposed
land use code amendments. Following Planning Commission's recommendation, City Council
will hold a public hearing and work sessions as needed before taking final action on the
proposed amendments later this year.
ATTACHMENTS
A. Staff Response Memo Addressing Key Topic Areas
B. City of Eugene Adopted Native Plants List (Annotated)
C. Updated Draft Code (Revised Version 2, dated January 20, 2023)
FOR MORE INFORMATION
More information regarding the Willamette River Greenway Code Amendment project can be
found here: https://www.eugene-or.gov/764/Land-Use-Code-Amendments, or by contacting
staff directly:
Gabe Flock, Principal Planner & Project Manager
Telephone: (541) 682-5697
Staff E-Mail: gflock@eugene-or.gov
Jeff Gepper, Senior Planner
Telephone: (541) 682-5282
Staff E-Mail: igepper@eugene-or.gov
Page 5 of 43
Attachment A
AM
10PIanning
MEMORANDUM
To: Eugene Planning Commission
From: Gabe Flock, Principal Planner & Project Manager
Jeff Gepper, Senior Planner
Subject: Staff Response Memo Addressing Key Topic Areas
Willamette River Greenway Code Amendments (City File: CA 22-1)
This memo provides additional information and staff comments on remaining key topic areas. A
summary is provided below, with more information about remaining issues and topics to be
discussed at the January 24, 2023 work session. The information below is provided in response
to questions from Commissioners and issues raised in public testimony and is not intended to
represent an exhaustive list of topics. Staff recognizes that additional topics may arise during
Planning Commission deliberations.
Things the Proposed Code Amendments Will Not Do
For purposes of clarification and in response a variety of testimony and issues raised to date,
the following list provides a brief overview of what the proposed code amendments will not do:
• Change any existing zoning on land within the Willamette River Greenway Boundary, or
the development standards included in those existing base zones (building height, lot
coverage, etc.);
• Change existing adopted land use designations for lands within the Willamette River
Greenway Boundary;
• Allow more housing or density than otherwise allowed by existing base zones and plan
designations within the Willamette River Greenway Boundary;
• Move or change the existing Willamette River Greenway Boundary. The land use code
will continue to require a Willamette Greenway permit prior to change of use,
intensification of use, or development of properties within the boundary of the
Willamette River Greenway;
• Reduce the area of any existing City-owned park land already acquired and committed
to public use along the river (approximately 44% or 782 acres of the overall land area)
within the Willamette River Greenway Boundary;
• Remove any existing environmental protections already established in the land use code
that apply to areas within the Willamette River Greenway Boundary; or,
Page 6 of 43
Attachment A
• Allow private pathways on public parkland, restrict access, or remove any of the existing
public access facilities (including roughly 26 linear miles of existing pedestrian/bike path)
within the Willamette River Greenway Boundary.
Staff will be prepared to discuss these topic areas in more detail as needed to answer any
additional questions about the project scope and facilitate further deliberations.
Relationship to River Road-Santa Clara (RRSQ Neighborhood Plan
From the beginning of the RRSC neighborhood planning process launched in 2017, the
Willamette River has been an important component of the topic area vision statements, goals,
and policies in the Draft RRSC Neighborhood Plan and Draft RRSC Action Plan.
For example, Goal 9 of the Draft RRSC Neighborhood Plan addresses Willamette River health
and vitality, with policies relating to safe and convenient access, ecosystem stewardship, and
recreational uses. Draft Goal 14 promotes land use compatibility and neighborhood character
with Greenway related policies. While these draft goals and policies are specific to the River
Road and Santa Clara neighborhoods, they encourage the very type of land use code
amendments currently underway to include additional development standards that help
protect the qualities of the Greenway consistent with Statewide Planning Goal 15.
The Draft Neighborhood Plan and Action Plan are anticipated to begin the formal adoption
process this year (2023). For a variety of reasons, staff have proposed to shift the scope of the
Special Area Zone/River Road Corridor Code to a City-wide, multiple corridor project to be
completed later (by the end of 2026) to better align with State deadlines for housing planning,
and City-wide growth management planning. More information about this adoption phase
update can be found here. Given this shift in the proposed path to neighborhood plan
adoption, which would no longer include the initial effort to create and adopt a draft River
Road Corridor Code and Special Area Zone with Greenway-specific standards, staff recognizes
that there is heightened neighborhood stakeholder interest in these proposed Willamette River
Greenway Code Amendments.
Staff understands that Greenway protections are a priority for the neighborhood and staff
remain committed to keeping these important stakeholders updated and involved in the
ongoing City-wide Willamette River Greenway Code Amendment process. As discussed at the
recent (second) Planning Commission public hearing on the proposed Willamette Greenway
Code Amendments, this is an iterative process and feedback from the River Road Community
Organization resulted in significant changes to the original version of the proposed code,
including the addition of tree preservation standards to better protect the natural and scenic
qualities along the river, further limiting building fagade lengths near the river to facilitate
views, and ensuring that trees and plants located near the river consist of native species. These
changes are both responsive to, and take into consideration, the special qualities of the
Willamette River Greenway within the area of the River Road neighborhood.
In summary, the Willamette River Greenway Code Amendment process offers an opportunity to
incorporate and align some of the intended RRSC goals and policy outcomes in the near term,
Page 7 of 43
Attachment A
while the whole neighborhood plan moves toward adoption and longer term implementation
through a variety of other City programs and projects, and collaboration with the neighborhood
organizations.
Statewide Planning Goal 5 and Goal 15 Relationship
As discussed in prior deliberations and meeting materials, the initial draft code included several
provisions for compliance with the existing Statewide Goal 5 (Natural Resource Protection)
regulations and the Statewide Planning Goal 15 (Willamette River Greenway) regulations.
Considerable effort was made to look at the best possible options for integrating the City's
existing Goal 5 regulations (from the /WR Water Resources Conservation Overlay Zone or "/WR
Overlay") into the proposed new Greenway standards.
Upon further review, it became clear that the intent and requirements of Goal 5 and Goal 15,
while related, are fundamentally different. Goal 5 is focused on implementing strict regulations
and a very limited set of uses to protect the Willamette River itself as a water resource, as well
as riparian areas along the riverbanks. Goal 15, on the other hand, is focused on a broader area
within the adopted Willamette River Greenway Boundary to ensure that permitted development
is compatible with the unique qualities of the river, including areas located well beyond the
extent of lands subject to the /WR Overlay requirements nearest the river.
As a result, the draft Willamette River Greenway code has been updated and simplified to allow
the protections and requirements of the /WR Overlay to stand on their own and apply
independently, as the "implementing measure" adopted to comply with Goal 5. As currently
drafted, applicants who wish to develop property located in the Greenway will need to comply
with both the Willamette River Greenway Permit requirements and any applicable /WR
requirements.
That said, the proposed code amendments align, where possible, Goal 5 and 15 protections for
the banks of the Willamette River. For example, the Goal 5 regulations set a 100-foot
conservation area from the top-of-bank, and the proposed amendments include a 100-foot
Greenway Setback for applications being reviewed under the clear and objective criteria.
Similarly, uses within the area within 100 feet of the river are extremely limited by both the Goal
5 regulations and the proposed clear and objective Willamette River Greenway approval criteria.
Staff will provide more information during deliberations to help facilitate a more complete
understanding about this change, how the two separate permitting processes would generally
work (i.e. Standards Review and Willamette River Greenway Permits), and the related
Willamette Greenway Clear and Objective prohibition on any new structures within the
Greenway setback other than pedestrian paths and/or pathways in support of water-related
uses and improved access to the river.
Other Related Development Standards
A variety of testimony has been provided throughout this process about the relationship
between the proposed clear and objective Willamette River Greenway approval criteria and
other development standards in the City's land use code, such as standards for stormwater
Page 8 of 43
Attachment A
runoff and treatment, limitations on new impervious surfaces, floodplain regulations, and
provisions related to construction impacts. Some testimony also raises the question of whether
the proposed amendments should include additional restrictions on base zone development
standards such as restrictions on building height within the Willamette River Greenway
Boundary.
Given the project goal of creating clear and objective standards for proposed housing in the
Greenway to ensure compliance with State law, these topics are all generally outside the
intended (or at least initial) scope of review for these proposed land use code changes. This
effort has understandably been a challenge in and of itself, given the difficult nature of
attempting to craft clear and objective standards that are sufficient to comply with the highly
subjective requirements of Goal 15. Consequently, the staff team is consistently looking to
ensure that proposed changes, additions, or amendments to other existing development
standards are only included to the extent that they:
• Demonstrate the necessity for meeting the requirements of Goal 15;
• Ensure the standards are clear and objective as required under State law; and,
• Avoid causing "unreasonable cost and delay" under new standards applied to needed
housing development.
Staff remains open and responsive to considering possible additional changes to the draft code
that can meet these stated goals, but further expanding the scope of the project to address
other existing development standards would certainly take more time and resources at this
stage. Several topics, such as introducing new limitations on impervious surfaces and building
height, are likely better suited for other City-wide legislative updates.
Regarding concerns around stormwater impacts, the City's Comprehensive Stormwater
Management Plan (CSWMP), Stormwater Management Manual (SWMM), and related
development standards already located in the Eugene Code address stormwater treatment and
runoff requirements for new development. Current development standards are not only
intended to mitigate the negative external impacts of stormwater through treatment and
detention, but also to encourage the use of pervious surfaces. Staff has concerns that an
outright prohibition on new impervious surface may have unintended consequences for parking
lots, driveways, and other hardscape areas other than new buildings, in which pervious surfaces
may not be the most effective tool for handling stormwater impacts. Such a prohibition would
only exist within the arbitrary boundaries of the Willamette River Greenway and may also
create new difficulties in addressing the challenging requirements for this project as noted
above, particularly for properties within the Greenway boundary located relatively far away
from the river. An update to the stormwater regulations is expected to begin over the next year
and it would likely be more appropriate to address this type of regulation on a City-wide basis.
Another example would be related to possible new building height limitations. As it stands, the
proposed Willamette River Greenway Code Amendments do not change allowed building
heights, which are regulated by the base zoning of a particular property. Consideration for
changing building heights may be better suited for evaluation as part of future corridor
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Attachment A
planning efforts. As noted above in relation to the RRSC neighborhood plan, staff anticipates a
City-wide multiple corridor project to be completed by the end of 2026. At this stage, staff
believes that existing height limitations and the proposed Greenway protections are sufficient
to meet the requirements and intent of Goal 15. Further limitation of building heights does not
seem warranted given the key provisions in the draft code, including the Greenway setback,
tree preservation zones, native landscape buffering and other standards such as limiting the
length of building facades near the river.
Further Review of Tree Preservation Standards
As discussed at the Planning Commission's second public hearing and in prior meeting
materials, staff is proposing to add tree preservation and removal/mitigation requirements to
both the proposed clear and objective approval criteria (Clear and Objective Track) and the
existing discretionary approval criteria (Discretionary Track) for Willamette River Greenway
Permits, to enhance the protections applied to new development within the Greenway. These
newly added tree standards are responsive to testimony and concerns about adequate
Greenway protections within the draft code, and have been modeled after similar standards
recently adopted as part of the City's larger effort over the last several years to create clear and
objective standards for other land use application types.
The proposed preservation and mitigation ratios are based on a similar approach used for Clear
and Objective Track housing applications in the South Hills area, in which increasing levels of
protection or flexibility are applied based on elevation. In the context of the proposed Clear and
Objective Track Greenway regulations, the proposed standards are river-centric, with ratios
based on proximity to the river and according to Tree Preservation Zones in proposed Figure
9.6885(2)(e). Effectively, they establish higher levels of tree preservation as one gets closer to
the river, consistent with the intent of Goal 15 and matching the percentages suggested in
testimony to date.
As this is still a relatively new addition to the proposed code amendments, staff will revisit this
topic for any additional questions or discussion needed before moving forward with the
updated draft code. Staff will also be providing Commissioners with several specific site
examples showing the impacts of the proposed Greenway setback and related tree
preservation zones on properties located throughout the Greenway.
Native Landscape Buffering
Another topic for additional input and possible Planning Commission direction relates to the
proposed native buffering requirements along the proposed new clear and objective Greenway
setback line. The proposed standards in EC 9.8814(3)(a) require a 10-foot buffer of native
plantings between the development and the Greenway setback line that will mature over time
to provide a visual buffer between development and the river, which effectively increases the
Greenway setback by 10 additional feet. Staff did receive initial support from the Commission
at the last deliberations meeting to keep the proposed width and location of the buffer, at 10
feet wide along the Greenway setback. While it could be revised to provide something wider as
suggested in some testimony, staff believes the proposed 10-foot width is reasonable and
comparable to other codified landscaping standards. While the location of the native landscape
Page 10 of 43
Attachment A
buffer could also potentially be more flexible, the proposed location along the setback line is
clear and simple, and has a direct relationship to the intended protection of scenic values and
vegetative fringe along the river consistent with Goal 15.
Staff has also presented information in prior meetings about the justification for the proposed
10-foot buffer width as compared to other similar buffering standards in the code, and the
differences between the existing "L-2" and "L-3" landscape standards which provide for
different planting requirements that could affect visibility between proposed development and
the river. Staff reiterated that the proposed reliance on the "L-2" standard would still allow for
filtered views to and from the river by having a lower shrub height between 30-42 inches versus
the "L-3" standard, with a shrub height at least 6 feet high. Both standards also include the
same requirements for vegetative ground cover and one canopy tree every 30 feet, and
normally only require a 7-foot width such as for required parking lot landscaping. Nothing in
Goal 15 explicitly requires that landscaping entirely block views between proposed
development and the river, and staff does not believe that additional width of the landscape
buffer is necessary to support the growth of required landscape plantings to maturity. That
said, staff would seek direction and input if the Commission wishes to revisit this topic and
consider additional required width or revise the draft code to require the "L-3" standard
instead, for the required native landscape buffering.
Information has also been provided about the City's adopted native plants list which identifies
appropriate species for planting in areas along the Willamette River (as well as prohibited non-
native, invasive species) and will apply to required native landscape buffering and any
mitigation trees to be replanted within the Greenway setback near the river. As with other
aspects of the proposed code amendments, reliance on existing code provisions and the
existing adopted plant list provides the advantage of consistency and simplicity in
administration, as a familiar aspect of existing code requirements near protected natural
resources. The native trees and shrubs allowed in the Greenway setback and required native
landscape buffer are specifically identified as species that are appropriate adjacent to a riparian
resource below 500 feet in elevation. For this reason, other native species may be allowed and
appropriate further from the river (i.e. outside of the Greenway setback and required landscape
buffer).
For ease of reference, an annotated version of the adopted native plants list (with notes
explaining the relationship to the proposed draft code) is available on the project website and
included as Attachment B to the agenda packet materials for the Planning Commission's
January 24, 2023 meeting.
Pedestrian Access Standards & Mapping Updates
As presented at the public hearing and in recent meeting materials, the methodology for
determining proximity to public access points is being updated to clarify which properties will
be subject to the public accessway requirements in the clear and objective track (i.e. those
specific properties located more than 500 feet of a defined public access point). The updates
include mapping refinements based on walking distance to/from existing public access points.
Staff expects to make the updated mapping available to the public, along with the online maps
Page 11 of 43
Attachment A
showing the proposed Greenway setback, within the next week. As part of deliberations, staff
will share more information about this mapping update and related methodology.
Page 12 of 43
Attachment B
Exhibit F to Ordinance No. 20351
Native and Non-Native Plant List
Page 13 of 43
Attachment B
Part 2
NATIVE PLANT SPECIES FOR SITES AT OR BELOW 500 FEET IN ELEVATION WITHIN
THE EUGENE UGB
The plant species included in this list are species that grow and propagate themselves in the Eugene
area through natural processes, are adapted to the weather, soils and hydrology of the area, and have
evolved in the area or been introduced to the area by natural causes. These native plant species are
distinguished from plant species that have been deliberately or accidentally imported or introduced
from other areas by humans or human activities.
This list applies to all habitat types, including riparian, upland and wetland areas, below 500 feet in
elevation within the UGB, except within the West Eugene Wetlands Plan area, and within seasonal wet
prairie habitats (see Part 3). To meet Eugene Code requirements for native plants, these species are to
be used within the specified geographic area and elevation. Do not substitute alternate species. You
must use the specific species, subspecies or variety listed.
Wetland Indicator Status and Site Suitability information in the table below is intended as a guideline
for identifying suitable locations for plant species based on additional site characteristics, such as soils
and hydrology.
Trees
Wetland
Indicator Site
Common Name Scientific Name Status Suitability
grand fir
Abies grandis
NOL
UB
vine maple
Acer circinatum
FACU+
UB
Oregon bigleaf maple
Acer macrophyllum
FACU
UB
white alder
Alnus rhombifolia
FACW
LB, UB
red alder
Alnus rubra
FAC
LB, UB
incense-cedar
Calocedrus decurrens
NOL
UB
Pacific dogwood
Cornus nutallii
NOL
UB
Oregon ash
Fraxinus latifolia
FACW
LB, UB
ponderosa pine
Pinus ponderosa
FACU
UB
black cottonwood
Populus balsamifera
FAC
LB
ssp. trichocarpa
Douglas-fir
Pseudotsuga menziesii
var. menziesii
NOL
UB
Oregon white oak
Quercus garryana var. garryana
NOL
UB
California black oak
Quercus kelloggii
NOL
UB
Pacific willow
Salix lucida
FACW+
WE, LB
ssp. lasiandra
western yew
Taxus brevifolia
FACU-
UB
western redcedar
Thuja plicata
FAC
UB
Exhibit F to Ordinance No. 20351 Page 14 of 43
Page 6
Attachment B
Shrubs
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
serviceberry
Amelanchier alnifolia FACU
UB
var. semiintegrifolia
tall Oregon grape
Berberis aquifolium
NOL
UB
common buckbrush
Ceanothus cuneatus
NOL
UB
Suksdorfs hawthorn
Crataegus suksdorfii FAC
UB
var. suksdorfii
red-osier dogwood
Cornus sericea
FACW
WE, LB
California hazel
Corylus cornuta
NI
UB
var. californica
ocean spray
Holodiscus discolor
NOL
UB
osoberry/indian plum
Oemleria cerasiformis
NOL
UB
mock-orange
Philadelphus lewisii
NOL
UB
Pacific ninebark
Physocarpus capitatus
FAC+
WE, LB
chokecherry
Prunus virginiana
FACU
UB
var. demissa
cascara buckthorn
Rhamnus purshiana
FAC?
UB
straggly gooseberry
Ribes divaricatum
NI
UB
red currant
Ribes sanguineum
NOL
UB
baldhip rose
Rosa gymnocarpa
NI
UB
Nootka rose
Rosa nutkana
NI
LB, UB
blackcap
Rubus leucodermis
NOL
UB
thimbleberry
Rubus parviflorus
FACU+
UB
salmonberry
Rubus spectabilis
FAC
LB, UB
dewberry
Rubus ursinus
NOL
UB
Columbia River willow
Salix fluviatilis
OBL
SW, WE
Piper's willow
Salix hookeriana (piperi)
FACW
LB
Scouler's willow
Salix scouleriana
FAC
LB, UB
Sitka willow
Salix sitchensis
FACW
WE, LB
blue elderberry
Sambucus mexicana (cerulea)
FAC-
UB
red elderberry
Sambucus racemosa
FACU
UB
var. arborescens
Douglas spiraea
Spiraea douglasii var. douglasii
FACW
WE, LB
snowberry
Symphoricarpos albus
var.laevigatus
FACU
UB
oval-leaved viburnum
Viburnum ellipticum
NOL
UB
Exhibit F to Ordinance No. 20351 Page 15 of 43 Page 7
Attachment B
Vines
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
wild clematis
Clematis ligusticifolia
FACU
UB
orange honeysuckle
Lonicera ciliosa
NOL
UB
hairy honeysuckle
Lonicera hispidula
NOL
UB
Herbaceous Plants
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
vanilla-leaf
Achlys triphylla
NOL
UB
baneberry
Actaea rubra
NOL
UB
pathfinder
Adenocaulon bicolor
NOL
UB
red columbine
Aquilegia formosa
FAC
LB, UB
wild ginger
Asarum caudatum
NOL
UB
lady-fern
Athyrium filix femina
FAC
WE, LB, UB
American wintercress
Barbarea orthoceras
FACW+
LB
camas
Camassia leichtlinii
FACW-
LB, UW
wood bittercress
Cardamine angulata
FACW
LB, UB
spring beauty
Cardamine nuttallii var. nuttallii
NOL
UB
small-flowered claytonia
Claytonia parviflora
NOL
UB
miner's lettuce
Claytonia perfoliata
FAC
UB
candyflower
Claytonia sibirica
FACW
UB
tall larkspur
Delphinium trolliifolium
NOL
UB
bleeding heart
Dicentra formosa
NOL
UB
coastal shield fern
Dryoptera arguta
NOL
UB
Watson's willow herb
Epilobium ciliatum (watsonii)
FACW-
LB
Oregon fawn lily
Erythronium oregonum
NOL
UB
large-leaf avens
Geum macrophyllum
FACW+
LB, UB
lowland cudweed
Gnaphalium palustre
FAC+
UB
Willamette valley gumweed
Grindelia integrifolia
FACW
WE, LB
cow-parsnip
Heracleum lanatum
FAC
UB
Pacific waterleaf
Hydrophyllum tenuipes
NOL
UB
bog St. John's-wort
Hypericum anagalloides
OBL
SW, WE
tiger lily
Lilium columbianum
FAC
UB
miniature lupine
Lupinus polycarpus
NOL
UB
riverbank lupine
Lupinus rivularis
FAC
UB
skunk cabbage
Lysichiton americanus
OBL
SW, WE
big smilacina
Maianthemum racemosa
FAG
UB
little smilacina
Maianthemum stellaum
FAG
UB
Oregon bigroot
Marah oreganus
NOL
UB
western bluebell
Mertensia platyphylla
NOL
UB
water montia
Montia fontana
OBL
SW, WE
Exhibit F to Ordinance No. 20351 Page 16 of 43 Page 8
Attachment B
aquatic claytonia
Montia linearis
NOL
LB, UB
small forget-me-not
Myosotis laxa
OBL
SW, WE
small-flowered nemophila
Nemophila parviflora
var. nemophylla
NOL
UB
water-parsley
Oenanthe sarmentosa
OBL
SW, WE
sweet cicely
Osmorhiza berteroi
NOL
UB
w. yellow wood sorrel
Oxalis suksdorfii
NOL
UB
sweet colt's-foot
Petasites frigidus
FACW
LB
var. palmatus
woodland phacelia
Phacelia nemoralis
FACU
UB
swordfern
Polystichum munitum
NOL
UB
Hooker's fairy bells
Prosartes hookeri
NOL
UB
self-heal
Prunella vulgaris var. lanceolata
FACU+
UB
white water buttercup
Ranunculus aquatilis
OBL
SW,WE
woods buttercup
Ranunculus uncinatus
FAC
UB
western dock
Rumex occidentalis
FAG
UB
var. procerus
willow leaved dock
Rumex salicifolius
FACW
WE
Pacific sanicle
Sanicula crassicaulis
NOL
UB
yerba buena
Satureja douglasii
NOL
UB
small-fruited bulrush
Scirpus microcarpus
OBL
WE
Hitchcock's blue-eyed grass
Sisyrinchium hitchcockii
NOL
UB
hedge-nettle
Stachys mexicana
FACW
LB, UB
fringecups
Tellima grandiflora
NOL
UB
western meadowrue
Thalictrum occidentale
FACU
UB
tall western meadowrue
Thalictrum polycarpum
NOL
UB
piggy-back plant
Tolmiea menziesii
FAC
LB
star-flower
Trientalis latifolia
FAG
UB
sessile trillium
Trillium albidum
NOL
UB
western trillium
Trillium ovatum ssp. ovatum
NOL
UB
stinging nettle
Urtica dioica
FAC+
UB
inside-out flower
Vancouveria hexandra
NOL
UB
American vetch
Vicia americana
NI
WE, LB
woodland violet
Viola glabella
FACW+
UB
Grasses, Sedges, Rushes
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
Dewey's sedge
Carex deweyana var. leptopoda
FAC+
UB
Henderson's sedge
Carex hendersonii
NI
LB
green-fruited sedge
Carex interrupta
OBL
SW, WE
slough sedge
Carex obnupta
OBL
SW, WE
sawbeak sedge
Carex stipata var. stipata
NOL
WE, LB
needle spikerush
Eleocharis acicularis
OBL
SW, WE
Exhibit F to Ordinance No. 20351 Page 17 of 43 Page 9
Attachment B
creeping spikerush
Eleocharis palustris
blue wild-rye
Elymus glaucus ssp. glaucus
tall manna grass
Glyceria striata
meadow barley
Hordeum brachyantherum
taper-tip rush
Juncus acuminatus
three-stamen rush
Juncus ensifolius
common rush
Juncus effusus
shiny rush
Juncus laccatus
pointed rush
Juncus oxymeris
spreading rush
Juncus patens
slender rush
Juncus tenuis
onion grass
Melica subulata
Key to Wetland Indicator Status
OBL
SW, WE
FACU
UB
FACW+
WE, LB
FACW
WE, LB
OBL
SW, WE
FACW
WE, LB
FACW+
SW, WE
NOL
SW, WE
FACW+
SW, WE
FACW
SW, WE
FAC
LB
NOL
UB
OBL = Obligate Wetland Plants. Under normal conditions, these plants almost always occur in
wetlands (estimated probability of wetland occurrence 99%).
FACW = Facultative Wetland Plants. Under normal conditions these plants are usually found in
wetlands, but also may be found outside wetlands (estimated probability of wetland occurrence
67-99%)
FAC = Facultative Plants. Under normal conditions, these plants are found equally in wetlands and
non-wetlands (estimated probability of wetland occurrence 33-66%).
FACU = Facultative Upland Plants. Under normal conditions, these plants are most likely to be found
in non-wetlands (estimated probability of wetland occurrence 1-33%).
UPL = Obligate Upland Plants. These plants are almost always found in non-wetlands, and are
expected to be found in wetlands less than 1 % of the time.
NOL = Not on U.S.F.W.S. wetland plant list.
Key to Site Suitability
SW = Shallow water
WE = Water's edge
LB = Lower bank
UB = Upper bank and terraces above the ordinary high water line
Wetland indicator status information is taken from:
"National List of Plant Species That Occur In Wetlands: Northwest (Region 9)," U.S. Fish and
Wildlife Service, May 1988; 1993 supplement.
Exhibit F to Ordinance No. 20351
Page 10
Page 18 of 43
Willamette River Greenway Code Amendments
Willamette River Greenway Code Amendments
Table of Contents
Attachment C
9.0500
Definitions ...................................................................................................................................2
9.3725
S-RP Riverfront Park Special Area Zone - Review Procedures
3
9.5750
Telecommunication Devices - Siting Requirements and Procedures
..4
9.6885
Tree Preservation and Removal Standards
..4
9.7005
Pre-application Conference
12
9.7030
Recordation of Certain City Decisions .
12
9.7055
Applications and Review Authorities
12
9.7305
Type III Application Requirements and Criteria Reference
13
9.7210
Notice of Application
13
9.7220
Notice of Decision
13
9.7305
Type III Application Requirements and Criteria Reference
14
9.7315
Public Hearing Notice
14
9.7335
Notice of Decision
15
9.7340
Expiration
15
9.7605
Filing of Appeal of Planning Director's Decision
15
9.7615
Public Hearing Notice
16
9.7635
Notice of Decision
16
9.7665
Public Hearing Notice
17
9.7685
Notice of Decision
17
9.8005
Applicability and Effect of Application Requirements, Criteria, and Concurrent Review
18
9.8030
Adjustment Review - Approval Criteria
18
9.8800
Purpose of Willamette River Greenway Permits
19
9.8805
Willamette River Greenway Permits - Applicability
20
9.8810
Willamette River Greenway Permits - Application Requirements
20
9.8811
Willamette River Greenway Setback - Clear and Objective
20
9.8812
Willamette River Greenway Permit Approval Criteria - Clear and Objective
21
9.8815
Willamette River Greenway Permit Approval Criteria - General
22
9.8825
Modifications to a Willamette River Greenway Permit
24
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Page 1 of 25
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Willamette River Greenway Code Amendments
Attachment C
Amendments Guide: The following types of text are included in the document below.
Existing Black Text = Existing land use code that will remain unchanged.
nderlined Blue Ti = Text proposed for addition to the land use code.
Strikethrough Red Text = Text proposed for removal from the land use code.
Highlighted Text = Text to be updated upon adoption of final ordinance.
*Minor Revision on January 20, 2023: At EC 9.6885(2)(a)2, a year ("2014") was added to the
edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other
Woody Plant Maintenance Standard Practices. This change is to correct a missing year citation
from the previous code amendments. This creates consistency within the section, as the other
references to ANSI standards also specific the "2014" edition.(See revision on Page 5)
9.0500 Definitions. `
Change of Use.
(A) Except as provided in (B), a change from the existing use to another land use according to the
land use and permit requirement tables in this land use code.
(B) As used in Willamette gr Greenway Permits beginning at EC 9.8800, making a different use of
the land or water than that which existed on December 6, 1975. It includes only a change that
requires construction, alterations of the land, water, or other areas outside of existing buildings
or structures and that substantially affects the land or water. It does not include a
change of use of a building or other structure that does not substantially alter or affect the land
or water upon which it is situated. The sale of property is not in itself considered to be a change
of use. An existing open storage area shall be considered to be the same as a building for
purposes of defining "change of use" with regard to Willamette River Greenway permits.
Intensification (as used in Willamette _Greenway Permits beginning at EC 9.8800). Any additions
that increase or expand the area or amount of an existing use, or the level of activity. Remodeling the
exterior of a structure not excluded below is an intensification when it will substantially alter the
appearance of the structure. Maintenance and repair that is usual and necessary for the continuance of
an existing use is not an intensification of use. Reasonable emergency procedures necessary for the
safety or the protection of property are not an intensification of use. Residential use of lands within
the Greenway includes the practices and activities customarily related to the use and enjoyment of
one's home. Landscaping, construction of driveways, modification of existing structures or construction
of-or placement of such subsidiary structures or facilities adjacent to the residence er placement ^f °„wh
subsidiary structures as are usual and necessary to such use and enjoyment shall not be considered an
intensification. Seasonal increases in gravel operations shall not be considered an intensification of use.
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Page 2 of 25
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Willamette River Greenway Code Amendments
Attachment C
Water-dependent. A use or activity which can be carried out only on, in, or adjacent to water areas
because the use requires access to the water body for water-borne transportation, recreation, energy
production, or source of water.
Water-related. Uses which are not directly dependent upon access to a water body but which provide
goods or services that are directly associated with water-dependent land or waterway use, and which, if
not located adiacent to water, would result in a public loss of quality in the goods or services offered.
Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots,
spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not
eenerally considered dependent on or related to water location needs.
9.3725 S-RP Riverfront Park Special Area Zone - Review Procedures.
The master site plan for developments proposed within the S-RP zone shall be reviewed through the
conditional use permit process provided in this land use code. For the purpose of this review, the
following criteria shall be applied in lieu of the criteria provided in EC 9.8090 Conditional Use Permit
Approval Criteria - General.
(1) Criteria for all Development.
(a) The proposed development shall be consistent with the Metropolitan Area General
Plan, Riverfront Park Study, and other applicable policy documents or functional plans.
(b) Based on technical analysis (particularly with respect to transportation facilities),
planned public facilities shall be shown to accommodate the requirements of the
proposed development.
(c) The proposed development shall protect visual access from main entry points from
Franklin Boulevard to the river/riparian vegetation.
(2) Criteria for Development Within Willamette Riv Greenway Boundaries.
The height and bulk of the proposed development shall be designed to consider the
impacts on public open space, especially the buffer strips along the Willamette River and
Millrace, and to adhere to the height limitations specified along the Willamette River.
Building setbacks shall be varied to avoid the effect of a continuous wall along the
minimum setback line and to adhere to the requirement for protection of designated
features (i.e., Millrace and pedestrian linkage to the Autzen Stadium footbridge).
3. To the greatest possible degree, the intensification, change of use, or development will
provide the maximum possible landscaped area, open space, or vegetation between the
activity and the river.
Draft: December 1, 2022 (Minor Revisions January 20, 2023)
Page 3 of 25
Page 21 of 43
1. Compliance with the criteria in EC 9.3725(1) Criteria for all Development above.
Willamette River Greenway Code Amendments
Attachment C
4. To the maximum extent practicable, the proposed development shall provide for
protection and enhancement of the natural vegetative fringe along the Willamette River.
This means protection and enhancement of trees and understory characteristic of native
vegetation within the riparian strip along the Willamette River. It also means removal,
and active management to prevent reintroduction of, disturbance vegetation such as
Himalayan blackberries and English ivy. As used herein, the riparian strip means the area
between the top of the river bank and the water's edge.
To the greatest possible degree, necessary and adequate public access will be provided
to and along the river by appropriate legal means.
(b) An applicant proposing to develop multiple-unit dwellings on properties zoned S-RP Riverfront
Park Special Area Zone and located within the boundary of the Willamette River Greenway as
allowed by EC 9.3710. shall elect to proceed either Dursuant to the criteria in subsection (a) or
ursuant to the criteria in EC 9.8812.
As used in this section, the words "greatest possible degree" are drawn from Statewide Planning Goal 15
(F.3.b.) and are intended to require a balancing of factors so that each of the identified Greenway
criteria is protected to the greatest extent possible without precluding the requested use. Goal 15
(C.3.j.) provides that "lands committed to urban uses within the Greenway shall be permitted to
continue as urban uses."
(3) Interpretation. In the event any of the terms used in these S-RP zone provisions require
interpretation, the planning and development director shall be responsible for such
interpretation.
9.5750 Telecommunication Devices - Siting Requirements and Procedures.
(5) Construction of Transmission Tower. Construction of a transmission tower, or a modification of an
existing transmission tower to increase its height, shall be allowed as follows:
(d) Prohibited Zones and Locations. No new transmission tower shall be permitted in any zones
not included in subparagraphs (a) to (c) above, including the AG, R-2, R-3, R-4, H, NR, and PRO
zones; or in the Willamette River Greenway, on Gillespie Butte above the elevation of 450
feet, on the ridgeline as defined in the South Hills Study or on Judkins Point.
9.6885 Tree Preservation and Removal Standards.
(1) Exemptions from Standards. The standards in this section do not apply to activities
regulated under EC 9.4900 through 9.4890, or an application for development activity
that includes or will result in:
Draft: December 1, 2022 (Minor Revisions January 20, 2023)
Page 4 of 25
Page 22 of 43
Willamette River Greenway Code Amendments
Attachment C
(c) Land Use Approvals. Any tree removal on property subject to an approved
Ceonditional Uese Ppermit, P-planned Uenit Ddevelopment, Ssite Review, e-F
Ssubdivision, or Willamette River Greenway Permit that includes a tree
removal/preservation plan or conditions related to tree removal or retention. In
those areas, that plan or city approved modifications thereto control tree
removal. This exemption does not apply to the removal of a street tree, which
must be authorized by a permit issued pursuant to EC 6.305.
(2) Tree Preservation and Removal Standards. The standards in this subsection apply
only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, a-R4
EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (lad) below, no permit
for a development activity subject to this section shall be approved until the
applicant demonstrates compliance with the standards in this subsection.
(a) Definitions. For the purposes of this subsection (2), the following definitions
apply:
1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12
inches multiplied by the diameter breast height expressed in inches of the
tree trunk or trunks.
Tree Removal. To fell or sever a tree or to use any procedure the natural
result of which is to cause the death or substantial destruction of the tree.
Substantial destruction includes actions that destroy more than 20% of the
critical root zone of a tree, or topping, or severing the cambial material on
50% or more of the circumference of the tree trunk. Remove does not in any
context include those pruning standards as defined in the 2014 edition of
American National Standards Institute (ANSI) Section A300, Tree, Shrub and
Other Woody Plant Maintenance Standard Practices an effect At the tame the
(b) For the purposes of this subsection (2), the South Hills Area is defined as all
property located within the City's adopted Urban Growth Boundary, above an
elevation of 500 feet, and:
1. South of 18th Avenue,
2. South of Franklin Boulevard and East of the intersection of 18th Avenue and
Agate Street, or
3. If 18th Avenue were extended from the intersection of 18th Avenue and
Willow Creek Road directly west to the Urban Growth Boundary, the area
south of that extension of 18th Avenue.
For the purposes of this subsection (2). the Willamette River Greenwav is
defined as all lands within the adopted Willamette River Greenwav Bound
established by Resolution No. 2592, and the Willamette River Greenway Setback is that
area identified on the Willamette River Greenway Setback Map adopted as Exhibit X to
Ordinance No. XXXXX.
(cd) Exemptions. A proposed development shall be exempt from the requirements
of EC 9.6885(2) if any of the following apply:
1. Except as provided in subparagraphs 4. and 5., the area of the development
Draft: December 1, 2022 (Minor Revisions January 20, 2023)
Page 5 of 25
Page 23 of 43
Willamette River Greenway Code Amendments
Attachment C
site is less than 20,000 square feet.
2. Except as provided in subparagraph 5., f-Pive or fewer significant trees exist
on the development site prior to development.
3. Except as provided in subparagraph 5., tThe development site is zoned R-2
Medium- Density Residential, R-3 Limited High-Density Residential, R-4 High
Density Residential, GO General Office, C-2 Community Commercial, or C-3
Major Commercial zones.
4. Notwithstanding subparagraph 1., development sites that include property
at or above 900 feet elevation are subject to the requirements of EC
9.6885(2), regardless of the area of the development site.
5. Notwithstanding subparagraphs 1. through 4. above, any portion of a
development site located within Willamette River Greenway Tree
Preservation Zones 1-3. as depicted on Figure 9.6885(2)(e). shall be subiect
to the reauirements of EC 9.6885(2).
(dJ Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant
trees must be preserved in accordance with the requirements of Table
9.6855(2)(4j e. Minimum preservation is based on the total existing Diameter
Breast Height (d.b.h.) of significant trees within each specific location category
prior to development. Maximum mitigation is the percentage of the minimum
preservation that may be mitigated according to subsection 2. below.
Table 9.6885(2)( 4) Tree Preservation and Mitigation
Minimum
Maximum
Location Category
Preservation
Mitigation
Outside the South Hills Area
40%
100%
Within the South Hills Area, between 500 feet and 900 feet elevation
50%
50%
Within the South Hills Area, at or above 900 feet elevation 50% 0%
9.6885(2)(e)) , in
50% 0%
Willamette River Greenway Tree Preservation Zone 2 (See Figure 50% 50%
9.6885(2)(e))
Willamette River Greenway Tree Preservation Zone 3 (See Figure 40% 100%
9.6885(2)(e))
A Tree Preservation and Removal Plan is required except as provided in EC
9.6885(2)(ed) or EC 9.6885(2)(ed)3. The plan must be prepared by a certified
arborist, licensed landscape architect, licensed engineer, or licensed surveyor
and shall provide the following:
a. A table, organized by the location categories listed in Table
9.6885(2)(de), listing all significant trees on the development site and
including the following information for each listed tree:
Draft: December 1, 2022 (Minor Revisions January 20, 2023)
Page 6 of 25
Page 24 of 43
Willamette River Greenway Code Amendments
Attachment C
(1) Diameter Breast Height (d.b.h.)
(2) Preservation, removal, or mitigation status
(3) Common name, genus and species
b. A site plan that includes the following information:
(1) The locations of all significant trees on the development site, the
Diameter Breast Height (d.b.h.) for each significant tree, whether
each significant tree is to be preserved, removed, or mitigated
according to EC 9.6885(2)(ed)2., and the location of the critical
root zone (CRZ) for each significant tree to be preserved.
(2) The location of all existing and/or proposed public and private
utility easements, driveways, and areas of grading or excavation
on the development site.
(3) The location of all existing development on the site as well as the
location of development proposed in the land use application
that triggers the requirement for a Tree Preservation and
Removal Plan.
(4) Proposed lot or parcel boundaries.
(5) For development sites with any portion located within the South
Hills Area, identification of areas at or above 500 feet elevation
and areas at or above 900 feet elevation.
c. A written statement from a certified arborist or licensed landscape
architect that the Tree Preservation and Removal Plan meets EC
9.6885(2)( 4) Tree Preservation Requirements. If the Tree Preservation
and Removal Plan is prepared by a certified arborist or licensed
landscape architect, then the written statement otherwise required by
this subparagraph is not required.
Mitigation. An applicant may elect to mitigate a portion of the minimum
preservation of significant trees on the development site as provided below:
a. The maximum d.b.h. that can be mitigated shall be based on location
category as provided in Table EC 9.6885(2)(de) Tree Preservation and
Mitigation.
b. Proposed subdivisions in areas outside of the South Hills Area and
of itside of the Willamette River Greenway Boundary may mitigate up to
100% of the minimum tree preservation requirement by either:
(1) Providing that lots up to 7,000 square feet in area will contain a
1911 minimum of two trees and lots 7,000 square feet or more will
contain a minimum of three trees; or,
(2) Providing one replacement tree for each significant tree
designated for mitigation.
C. Reauired mitigation may only occur within the Willamette River
Greenway Setback if the proposed trees to be planted are selected from
the native trees included on the City's adopted list of plant species for
sites at or below 500 feet in elevation. attached as Exhibit F to
Ordinance No. 20351.
d_c. Installation and Maintenance. Unless otherwise specified, each
significant tree designated for mitigation must be replaced with one
tree selected from the approved species listed in Table 9.6885(2)(ed)2
within one year from the date of removal or prior to final occupancy,
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Page 7 of 25
Page 25 of 43
Willamette River Greenway Code Amendments
Attachment C
whichever is later. Trees planted in accordance with subparagraph
2 e 2.b.b444 must be planted prior to final occupancy. At the time of
planting, deciduous trees used for replacement must have a minimum
diameter of 2 inches and evergreen trees used for replacement must be
a minimum of 5 feet in height as measured according to the 2014
edition of the American Standard for Nursery Stock (ANSI Z60.1),
published by the American Nursery and Landscape Association. Any
mitigation tre to be planted within the WillamE e River Greenway
Setback shall be selected from the native trees included on the City's
adopted list of plant species for sites at or below 500 feet in elevation,
attached as Exhibit F to Ordinance No. 20351.
de. The maximum mitigation allowance may be adjusted in accordance with
EC 9.8030(13).
Table 9.6885(2)(d )2. Approved Species List
Genus and Species
Common Name
Abies koreana
Silver Korean Fir
Abies pinsapo
Spanish Fir
Acer circinatum
Vine Maple
Acer ginnala
Amur Maple
Acer glabrum var. douglasii
Rocky Mountain Maple
Acer griseum
Paperbark Maple
Acer macrophyllum
Big Leaf Maple
Acer rubrum
Red Maple
Acer saccharum
Sugar Maple
Alnus rhombifolia
White Alder
Alnus rubra
Red Alder
Amelanchier alnifolia
Pacific Serviceberry
Arbutus menziesii
Pacific Madrone
Arbutus unedo
Strawberry Madrone
Arbutus 'Marina'
Marina Strawberry Tree
Betula nigra
River Birch
Calocedrus decurrens
Incense Cedar
Carpinus betulus
European Hornbeam
Carpinus caroliniana
American Hornbeam
Castanopsis cuspidate
Japanese Chinquapin
Catalpa speciose
Northern Catalpa
Cedrus atlantica
Atlas Cedar
Cedrus deodara
Deodar Cedar
Cedrus libani
Cedar of Lebanon
Celtis occidentalis
Common Hackberry
Cercidiphyllum japonicum
Katsura Tree
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Attachment C
Table 9.6885(2)(4 )2. Approved Species List
Genus and Species
Common Name
Chrysolepis chrysophylla
Golden Chinquapin
Cinnamomum chekiangense
Camphor Tree
Cornus nuttallii
Pacific Dogwood
Corylus colurna
Turkish Filbert
Cupressus arizonica
Arizona Cypress
Cupressus bakeri
Modoc Cypress
Cupressus leylandii
Leyland Cypress
Fraxinus latifolia
Oregon Ash
Fraxinus ornus
Flowering Ash
Ginkgo biloba (fruitless cultivars only)
Ginkgo
Koelreuteria paniculate
Goldenrain Tree
Maackia amurensis
Maackia
Nyssa sylvatica
Tupelo, Black Gum
Ostrya virginiana
American Hophornbeam
Oxydendrum aroboreum
Sourwood
Parrotia persica
Persian Ironwood
Picea smithiana
Morinda Spruce
Pinus ponderosa
Ponderosa Pine
Pinus ponderosa var. benthamania
Willamette Valley Ponderosa Pine
Pinus wallichiana
Himalayan Pine
Pistacia chinensis
Chinese Pistachio
Platanus acerifolia
London Plane
Prunus virginiana
Chokecherry
Pseudotsuga menziesii
Douglas Fir
Quercus acutissima
Sawtooth Oak
Quercus agrifolia
Coast Live Oak
Quercus alba
White Oak
Quercus bicolor
Swamp White Oak
Quercus chrysolepis
Canyon Live Oak
Quercus douglasii
Blue Oak
Quercus frainetto
Hungarian Oak
Quercus gambelii
Gambel Oak
Quercus garryana
Oregon White Oak
Quercus hypoleucoides
Silver Oak
Quercus ilex
Holly Oak
Quercus kelloggii
California Black Oak
Quercus lobate
Valley Oak
Quercus macrocarpa
Bur Oak
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Willamette River Greenway Code Amendments
Attachment C
Table 9.6885(2)(4 )2. Approved Species List
Genus and Species
Common Name
Quercus myrsinifolia
Chinese Evergreen Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus rubra
Red Oak
Quercus shumardii
Shumardii Oak
Quercus suber
Cork Oak
Quercus wislizeni
Interior Live Oak
Rhamnus purshiana
Cascara Buckthorn
Salix lucida ssp. Lasiandra
Pacific Willow
Salix scouleriana
Scouler's Willow
Sciadopitys verticillate
Japanese Umbrella Pine
Sequoia sempervirens
Coast Redwood
Sequoiadendron giganteum
Giant Sequoia
Stewartia pseudocamellia
Stewartia
Styrax japonicus (japonica)
Japanese Snowbell
Taxodium distichum
Bald Cypress
Taxus brevifolia
Pacific Yew
Thuja plicata
Western Red Cedar
Tilia Americana
American Linden
Tilia cordata
Little Leaf Linden
Tilia tomentosa
Silver Linden
Tsuga canadensis
Canadian Hemlock
Tsuga heterophylla
Western Hemlock
Tsuga mertensiana
Mountain Hemlock
Tsuga sieboldii
Southern Japanese Hemlock
Ulmus americana
American Elm
Ulmus carpinifolia
Smoothleaf Elm
Ulmus parvifolia
Chinese Elm
Ulmus propinqua
Japanese Elm
Umbellularia californica
California Bay Laurel
Zelkovaserrata
Zelkova
Tree Preservation Area Alternative.
A Tree Preservation and Removal Plan is not required if the
applicant chooses to preserve at least 50 percent of the total
existing d.b.h. of significant trees on the development site within
one or more tree preservation area(s) and the following
requirements are met:
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Attachment C
(1) Tree preservation area(s) must be delineated and shown on
a site plan submitted for approval by the City.
(2) Applicant must provide written certification from a certified
arborist or licensed landscape architect stating that the
area(s) designated for tree preservation include(s) at least 50
percent of the total existing d.b.h. of significant trees on the
development site.
3) No trees within the Willamette River Greenwav Setback m
count towarc e 50 perce preservation requirement.
b. Mitigation is not allowed when the Tree Preservation Area
Alternative is used to meet tree preservation requirements, except
as approved through an adjustment review according to EC
9.8030(13).
4. Protection Standards. The following notes must be included on the final
plan set submitted for approval by the City and shall apply at the time of
development:
a. "Protective fencing for trees identified to be preserved shall be
installed by the applicant and inspected by the City prior to
beginning any development activities. All protective tree fencing
must remain in place until completion of all construction activities;
any relocation, removal, or modification of the protective fencing
shall only occur under the direction of a certified arborist and a
written explanation of the reason for the relocation, removal, or
modification of the protective fencing from the certified arborist
must be provided to the City."
b. "At the time of building permit, a site plan in compliance with the
approved tree preservation and removal plan is required."
C. "No excavation, grading, material storage, staging, vehicle parking
or other construction activity shall take place within protective tree
fencing areas."
d. "The removal of trees not designated to be preserved is optional;
removal may occur at the owner's discretion."
e. "Any tree designated for mitigation must be replaced with one tree
selected from the approved species listed in Table 9.6885(2)(de)2
within one year from the date of removal or prior to final
14 occupancy, whichever is later. At the time of planting, deciduous
trees used for replacement must have a minimum diameter of 2
inches and evergreen trees used for replacement must be a
minimum of 6 feet in height as measured according to the 2014
edition of the American Standard for Nursery Stock (ANSI Z60.1),
published by the American Nursery and Landscape Association.
Maintenance of replacement trees is the ongoing responsibility of
the property owner."
f. "In the event a tree designated to be preserved must be removed
because it is dead, diseased, dying, or hazardous, documentation
of the tree's dead, diseased, dying, or hazardous condition by a
certified arborist must be provided to the City prior to tree
removal. The tree must be replaced with one replacement tree
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Willamette River Greenway Code Amendments
Attachment C
selected from the approved species list in Table 9.6885(2)(de)2. At
the time of planting, deciduous trees used for replacement must
have a minimum diameter of 2 inches and evergreen trees used for
replacement must be a minimum of 6 feet in height as measured
according to the 2014 edition of the American Standard for
Nursery Stock (ANSI Z60.1), published by the American Nursery and
Landscape Association. Maintenance of replacement trees is the
ongoing responsibility of the property owner."
(ef) Street Tree Removal. If the proposal includes removal of any street tree(s),
removal of those street trees has been approved, or approved with conditions
according to the process at EC 6.305 Tree Felling Prohibition.
9.7005 Pre-application Conference.
(3) Willamette River Greenway Permits.
9.7030 Recordation of Certain City Decisions.
(9) Willamette River Greenway permit and any modifications.
9.7055 Applications and Review Authorities.
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
Historic
Planning
Hearings
Planning
City
Application
Type
Review
Director
Official
Commission
Council
Board
Willamette River
III
D
A
Greenway Permit
Clear and Olo ective
Willamette River
D
A
Greenway Permit -
General
Willamette River
II
D
A
Greenway Permit,
Modification
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Willamette River Greenway Code Amendments
9.7305 Type III Application Requirements and Criteria Reference.
Attachment C
Table 9.7305 Type III Application Requirements and Criteria
Type III Applications
Beginning Reference
Willamette River Greenway Permit - Clear and
EC 9.8800
Objective
Willamette River Greenway Permit - General
EC 9.8800
9.7210 Notice of Application.
1%,
(4) Within 10 days of the city's determination that an application is complete, but no less than
20 days before the planning director makes a decision, written notice of the application shall
be mailed to all of the following:
(a) Applicant.
(b) Owners and occupants of the subject property.
(c) Owners and occupants of properties located within 300 feet of the perimeter of the
subject property.
(d) Neighborhood group or community organization officially recognized by the city council
that includes the area of the subject property.
(e) Community organizations that have submitted written requests for notification.
(f) For final partitions, final subdivisions, and final PUDs, to interested parties of record
from the tentative decision.
(g) For modification applications, to persons who requested notice of the original
application that is being modified.
(h) For Willamette River Greenway Permit modification applications, to the Oregon
Department of Transportation and Oregon Parks and Recreation Department, by
certified mail, return receipt requested.
9.7220 Notice of Decision.
(1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed
to the following:
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Willamette River Greenway Code Amendments
(a) Applicant.
(b) Owner and occupants of the subject property.
Attachment C
(c) Neighborhood group or community organization officially recognized by the city that
includes the area of the subject property.
(d) Any group or individual who submitted written comments during the comment period.
(e) Those groups or individuals who requested notice of the decision.
(f) Property owners and occupants of property located within 300 feet of the perimeter of
the subject property.
(g) For decisions on Willamette River Greenwav Permit modification applications, to the
Oregon Department of Transportation and Oregon Parks and Recreation Department.
9.7305 Type III Application Requirements and Criteria Reference.
Table 9.7305 Type III Application Requirements and Criteria
Type III Applications
Beginning Reference
Adjustment Review (when part of a Type III
Application)
EC 9.8015
Conditional Use Permits (CUP)
EC 9.8075
Historic Landmark Designation
EC 9.8150
Planned Unit Development, Tentative Plan
EC 9.8300
Willamette River Greenwav Permit - Clear ar
Objective
-9.8800
Willamette Greenway Permit - General
EC 9.8800
Zone Changes*
EC 9.8850
9.7315 Public Hearing Notice.
(2) At least 30 days prior to the hearing, written notice of the public hearing and the nature of the
request shall be mailed to all of the following:
(f) For Willamette River Greenway P-permits, public hearing notice shall also be provided to the
Oregon Department of Transportation and Oregon Parks and Recreation Department,
certified mail, return receipt requested.
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Willamette River Greenway Code Amendments
9.7335 Notice of Decision.
Attachment C
(e) For Willamette River Greenway Ppermits, to the Oregon Department of Transportation and
Oregon Parks and Recreation Department.
9.7340 Expiration.
(4) Unless the decision specifies otherwise, a Willamette Greenway. permit approval shall
expire 18 months after the effective date of approval unless actual construction or
alteration has begun under a required permit, or in the case of a permit not involving
construction or alteration, actual commencement of the authorized activity has begun.
However, the applicant may submit a modification application at any time before the 18-
month period has expired, requesting an extension of the approval period. The applicant
may request more than one extension. Under no circumstances, however, can the total
combined extension periods exceed 36 months from the original expiration date. Within S-
DR, upon approval of a Willamette Greenway Permit concurrently with Type V code
amendments and other plan amendments, plan adoption, or zone change; the Willamette
Riv( Greenway Ppermit shall remain in effect so long as the S-DR zone remains in effect.
9.7605 Filing of Appeal of Planning Director's Decision.
(1) Within 12 days of the date of the mailing of the planning director's decision, the decision
may be appealed to the hearings official or historic review board according to the appeal
review authority specified in Table 9.7055 Applications and Review Authorities by the
following:
(a) Applicant.
(b) Owner of the subject property.
(c) Neighborhood group officially recognized by the city that includes the area of the
subject property.
(d) Any person who submitted written comments in regards to the original application.
(e) A person entitled to notice of the original application.
(f) A person adversely affected or aggrieved by the initial decision.
(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by
a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00
p.m. of the 12th day after the notice of decision is mailed. The record from the planning
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Willamette River Greenway Code Amendments
Attachment C
director's proceeding shall be forwarded to the appeal review authority. New evidence
pertaining to appeal issues shall be accepted.
(3) The appeal shall include a statement of issues on appeal -^d"^'"~`ited to the .0°,--^° ramSe d
-tee appeal.. The appeal statement shall explain specifically how the planning director's
decision is inconsistent with applicable criteria. Appeals of planning director decisions on
applications for permit as defined in ORS Chapter 227 shall not be limited to the issued
raised in the appeal statement. Appeals of planning director decisions on all other
applications shall be limited to the issues raised in the appeal statement.
9.7615 Public Hearing Notice.
(3) At least 20 days prior to the hearing, written notice shall be mailed to all of the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant.
(d) Neighborhood group or community organization officially recognized by the city that
includes the area of the subject property.
(e) Any person who provided written comments prior to the close of the public comment
period.
(f) Owners of property within 100 feet of the perimeter of the subject property.
Department.
9.7635 Notice of Decision.
(4) Within 5 days after a decision by the appeal review authority is rendered, notice of the
decision shall be mailed to all of the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant.
(d) Any person who provided oral or written testimony in a timely manner during the
hearing procedures.
(e) Any person who requested notice of the appeal decision.
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Willamette River Greenway Code Amendments
Attachment C
(f) For Willamette River Greenway Permit modification decisions, notice of the decision
shall also be provided to the Oregon Department of Transportation and Oregon Parks
and Recreation Department.
9.7665 Public Hearing Notice.
(5) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the
following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant. ,
(d) Neighborhood group or community organization officially recognized by the city that
includes the area of the subject property.
(e) Any person who submitted written comments in regards to the original application.
(f) Any person who requested notice of the previous decision or of the appellate hearing.
(g) For Willamette River Greenway Permits, public hearing notice shall also be provided to
the Oregon Department of Transportation and Oregon Parks and Recreation
Department.
9.7685 Notice of Decision.
(6) Within 5 days after the planning commission's decision is rendered, written notice of the
decision shall be mailed to all of the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant.
(d) Any person who provided oral or written testimony in a timely manner during the
hearing procedures.
(e) Any person who requested notice of the appeal decision.
For Willamette River Greenway Permits, notice of the decision shall also be provided to
the Oregon Department of Transportation and Oregon Parks and Recreation
Department.
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Willamette River Greenway Code Amendments
Attachment C
9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review.
(2) If an initial proposal also requires an application be submitted for one or more of the following:
(e) Willamette River Greenway permit; or
9.8030 Adjustment Review - Approval Criteria.
The planning director shall approve, conditionally approve, or deny an adjustment review application.
Approval or conditional approval shall be based on compliance with the following applicable criteria.
(13) Tree Preservation and Removal Standards Adjustment.
The minimum tree preservation requirement and maximum mitigation allowance of EC
9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and
the proposed design complies with the criteria in subparagraphs (b) thFaugh e):
(a) Conditions. To qualify for an adjustment, one of the following conditions must apply:
1. Strict compliance with tree preservation and removal standards is not feasible due to
other requirements of this code or existing site constraints such as topography or other
natural features; or,
2. An adjustment to the minimum tree preservation and/or mitigation requirement is
necessary in order to achieve a net density greater than 75 percent of the maximum net
3. The existing trees required to meet the minimum preservation requirement are
unlikely to survive the level and type of anticipated development due to susceptibility to
windthrow or other natural causes of failure.
(b) Criteria To q' or an adjustment, the proposed design must meet the following
criteri
1. The proposed reduction min the minimum tree preservation requirement or increase
in mitigation allowance is necessary to accommodate a reasonable level of
development.
2. In no case shall the minimum tree preservation requirement be reduced below 30%
for areas at or above 900 feet elevation and areas within the Willamette River
Greenway Tree Preservation Zone 1, as depicted on Figure 9.6885(2)(e).
{c4 Except for areas at or above 900 feet elevation and areas within the Willamette
River Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e),
proposals may mitigate up to 100% of the minimum tree preservation requirement if
the following requirements are met:
A-1. For proposed subdivisions, new trees must be planted so that lots up to
7,000 square feet in area will contain a minimum of two trees and lots 7,000
square feet or more will contain a minimum of three trees.
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Willamette River Greenway Code Amendments
Attachment C
B2-. For all other developments, the proposed design must provide one tree per
dwelling unit.
develepme.nt site that -are unde.r _2 Onr_-hP_s Dia.m.eter Breast Height and listed in
Table 9.6885(2)(ed)2 nppFeyed Speemes i ost may be designated f^r p atie ^ aRd
4. For areas at or above 900 feet elevation, and areas within the Willamette River
Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e , mitigation is
limited to 10% of the minimum preservation requirement.
5. For areas within the Willamette River Greenw; -servation Zone 2 as depicted
on Fieure 9.6885(2)(e). mitigation is limited to 20% of the minimum preservation
requirement.
6. New trees planted to meet mitigation requirements are subject to the requirements
at EC 9.6885(2)(e)2.c. Installation and Maintenance.
7. Trees planted to meet applicable landscape standards may be counted toward
mitigation reauirements.
8. Except as provided in subparagraph (9), existing trees that are located on the
development site may be designated for preservation and counted toward mitigation
reauirements in lieu of Dlanting new trees if:
A. The tree measures under 8-inches Diameter Breast Height (d.b.h.): and
B. The tree is listed in Table 9.6885(2)(e)2. Approved Species List.
8. The provisions of subparagraph (8) do not apply to portions of a development site
located within the Willamette River Greenway. Existing trees may be designated for
Dreservation and counted toward mitigation reauirements in lieu of planting new
trees if:
A. The tree measures under 8-inches Diameter Breast Height (d.b.h.):
B. The tree is a species included on the City's adopted list of plant species for
sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No.
20351; and
C. The tree is located on the development site and within the Willamette
Greenwav Boundary but outside of the Willamette River Greenway Setback.
No existing trees located within the Willamette River Greenwav Setback may
count toward mitigation requirements.
For purposes of EC 9.8030(13):
1. "Willamette River Greenwav" means all lands within the adopted Willamette River
Greenwav Boundary established by Resolution No. 2592.
2. "Willamette River Greenwav Setback" is that area identified on the Willamette River
Greenwav Setback Map adopted as Exhibit X to Ordinance No. XXXXX.
9.8800 Purpose of Willamette River Greenway Permits
pee al eensideratien befere
Fn %ithmn +h^ h^ n sari ^f +h^ Wmllamptt^ C., I eratien requ4e4 The purpose of
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Willamette River Greenway Code Amendments
Attachment C
Willamette 2 ~nway Permits is to implement Oregon Statewide Planning Goal 15, Willamette
River Greenway, which is designed to protect, conserve, enhance, and maintain the natural, scenic,
historical, agricultural, economic, and recreational qualities of lands along the Willamette River.
-,II.,..,P,.J bUt eelpldi+i^"r, ^f algpr.,.,-,I be i.,-,r.^r^rl r.eel,,,,.d R essary to rr., + rRay the purpose and i.,+.,..+ ef. the \n/ill""'.-."++^ River GFeen ,a., and +e i.,r-rr.
+h-,+;; y intensification of uses
changes in use, r "leyelepments within the V.1011-,.,,,.,++^ Greenway boundaries a pate ,le yi*t ,
nearby uses ,.,i+hin the `41ll.,imet+^ Gr^^^,.,-,.,. Protection, conservation, enhancement, and maintenance
of the aualities of lands within the Willamette River Greenwav is achieved through the followine
mPasurPS*
(1) Review of intensification of uses, changes in use, and developments proposed within the
boundaries of the Willamette River Greenway.
(2) Imposition of conditions of approval as necessary to carry out the purpose and intent of the
Willamette River Greenwav.
9.8805 Willamette River Greenway Permits - Applicability
Willamette River Greenway permit applications are required for intensification of uses, changes in use,
or developments within the boundaries of the Willamette River Greenway aeeeF&4gestablished byte
Resolution No. 2592 Adopting a Willamette River Greenway Boundary. `4ill"^ ette Gr^^^..,a., .,^r i+
IpFeeeduFes FRay apply to Site Review applffieatiORS 1.YhP-.A site review appFeval is required OR AddotmAP tA
I.A.101I.amp-tte GFeeRway peFFRit appFeval. No develepmeRt permit Shall be .0-s-sued by the city prior to
9.8810 GeneFall Requirements Willamette River Greenway Permits - Application Requirements
(1) Willamette River Greenway Permit applications shall be considered in accordance with the
Type III application procedures contained in EC 9.7000 7300 through EC 9.7340 7935
Application Procedures,_ unless considered concurrently with a Type IV or Type V
application.
If the intensification of use, change in use, or development that triggers the requirement
for a Willamette River Greenway Permit includes or proposes housing, the written
statement submitted with the Willamette River Greenway Permit application shall clearly
state whether the applicant is electing to proceed under the Clear and Objective approval
criteria in EC 9.8812, or whether the applicant is electing to proceed under the General
approval criteria in EC 9.8815.
(~3) No development permit shall be issued by the city when a Willamette River Greenway
Permit is required for a proposed development until the Willamette River Greenway Permit
has been approved and becomes effective. Development permits shall be consistent with
the terms and conditions of that Willamette River Greenway Permit.
9.8811 Willamette River Greenway Setback - Clear and Objective
1) The Willamette River Greenway Setback is established to protect, maintain, preserve, and
enhance the natural. scenic. historic. and recreational aualities of the Willamette River
Greenway.
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Willamette River Greenway Code Amendments
Attachment C
(2) The Willamette River Greenway Setback is only applicable when the applicant elects to proceed
under the Clear and Objective approval criteria in EC 9.8812.
(3) The location of the Willamette River Greenway Setback is established by the Willamette River
Greenway Setback Map adopted as Exhibit X to Ordinance No. XXXXX.
4) No structures. other than the structures listed in subsection (4) may be built within the
Willamette River Greenway Setback.
required pursuant to EC 9.8812(4) are the only structures within the Willamette Greenway
Setback necessary to support water-related and/or water-dependent uses; therefore,
pedestrian paths and/or public accesswavs that are proposed or otherwise required pursuant to
EC 9.8812(4) are the only new structures that may be constructed within the Willamette River
Greenwav Setback pursuant to a Willamette River Greenwav Permit aaaroved under EC 9.8812.
9.8812 Willamette River Greenway Permit Approval Criteria - Clear and Objective
Unless an applicant proposing an intensification of use, change in use, or development that proposes or
includes housing elects to use the General criteria contained in EC 9.8815, approval, approval with
conditions, or denial of a Willamette River Greenway Permit that proposes or includes housing shall be
based solely on compliance with the following approval criteria:
(1) Greenway Setback.
(a) The application shall include a site plan that clearly depicts the location of the
Willamette River Greenway Setback on the subiect property, as shown on the
Willamette River Greenway Setback Map referenced at EC 9.8811(3).
(b) Consistent with the requirements of EC 9.8811(4), the application shall not propose any
new structures located within the Willamette River Greenway Setback except
pedestrian paths or public accesswavs proposed pursuant to EC 9.8812(4).
(2) Building Facade.
(a) For any new buildings, the maximum length of any building facade located within 100
feet of the Willamette River Greenwav Setback is 75 feet.
(3) Landscaping.
a) A landscape area that meets the reauirements of EC 9.6210 Low Screen Landscape
Standard (L-2) shall be provided along the length of the Willamette River Greenway
Setback. The landscape area shall be located on the opposite side of the Willamette
River Greenway Setback from the river and shall be a minimum depth of 10 feet. These
reauirements are not adiustable under the provisions of EC 9.6210(2)(b) or EC
9.8030(3)(c).
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Willamette River Greenway Code Amendments
Attachment C
(b) Solid or Masonry walls are not permitted within the Willamette River Greenway
Setback, or within the landscape area required by subparagraph (a).
(c) Fences are not permitted within the Willamette River Greenway Setback. Fences
located on property located within Willamette River Greenway Boundary and within 300
feet of the Willamette River Greenway Setback may not be constructed of barbed wire,
chain link fencing, or cyclone fencing and must be at least 50 percent open
(unobstructed to both light and air) to allow views through the fence.
(d) The landscape area required by subparagraph (a) must be planted exclusively with
native Dlants included on the Citv's adopted list of slant species for sites at or below 500
feet in elevation. attached as Exhibit F to Ordinance No. 20351.
(4) Access.
(a) The following standards apply to any proposed housing that will result in 5 or more
dwelling units on one development site:
2. Where the development site is located more than 500 feet from a public access
point shown on Exhibit X to Ordinance No. XXXXX, the City may require the
dedication and improvement of a public accessway, consistent with the
standards at EC 9.6805, extending from the property line of the development
site to existing public ways that provide a connection to or along the Willamette
River. The public accessway shall be a minimum 10 feet in width, constructed in
accordance with public improvement standards. For purposes of this subsection
"within 500 feet" means a straight-line measurement between any point on the
perimeter of the development site and the closest public access point shown on
Exhibit X to Ordinance No. XXXXX.
51 Tree Preservation. Tree Dreservation is reauired in accordance with the applicable Drovisions of
EC 9.6885(2). Tree Preservation and Removal Standards.
9.8815 Willamette ver Greenway Permit Approval Criteria - General
Approval, approval with conditions, or denial of a Willamette Greenway Permit not otherwise processed
according to the provisions of EC 9.8812, shall be based on compliance with the following approval
criteria
(1) To the greatest possible degree, the intensification, change of use, or development will provide
the maximum possible landscaped area, open space, or vegetation between the activity and the
river.
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be a minimum of 3 feet wide, and be constructed of concrete, asphalt, or any
pervious surface that complies with the Americans with Disabilities Act, unless
adiusted in accordance with EC 9.8030(22).
Willamette River Greenway Code Amendments
Attachment C
(2) To the greatest possible degree, necessary and adequate public access will be provided to and
along the Willamette River by appropriate legal means.
(3) The intensification, change of use, or development will conform with applicable Willamette
River Greenway policies as set forth in the Metro Plan.
(4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development
will conform with that plan's use management considerations.
(5) In areas not covered by subsection (4) of this section, the intensification, change of use, or
development shall conform with the following applicable standards:
a. Establishment of adequate setback lines to keep structures separated from the Willamette
River to protect, maintain, preserve, and enhance the natural, scenic, historic, and
recreational qualities of the Willamette River Greenway. Setback lines need not apply to
water related or water dependent a Tuses as defined in the QFegen Statewi e
Planning Gear' and- Gui clines Inno 660'5 000 et s e O JO
b. Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan
Natural Assets and Constraints Working Paper. Sites subsequently determined to be
significant by the Oregon Department of Fish and Wildlife shall also be protected.
c. Protection and enhancement of the natural vegetative fringe along the Willamette River to
the maximum extent practicable.
d. Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan
Natural Assets and Constraints Working Paper.
e. Maintenance of public safety and protection of public and private property, especially from
vandalism and trespass in both rural and urban areas to the maximum extent practicable.
f. Compatibility of aggregate extraction with the purposes of the Willamette River Greenway
and when economically feasible, applicable sections of state law pertaining to Reclamation
of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541)
designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank
stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary
reclamation.
g. Compatibility with recreational lands currently devoted to metropolitan recreational needs,
used for parks or open space and owned and controlled by a general purpose government
and regulation of such lands so that their use will not interfere with adjacent uses.
(6) The proposed development is designed and sited to minimize npacts to the natural
environment by addressing the following:
(a) Tree Preservation. Significant trees are preserved to the greatest possible degree, with
trees having the following characteristics given the highest priority for preservation:
1. Healthy trees that have a reasonable chance of survival considering the base zone or
special area zone designation and other applicable approval criteria;
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Willamette River Greenway Code Amendments
Attachment C
2. Trees located within vegetated corridors and stands rather than individual isolated trees
subiect to windthrow;
3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas
of pavement;
4. Trees that provide a buffer between potentially incompatible land uses:
5. Trees located along the perimeter of the lot(s) and within building setback areas;
6. Trees and stands of trees located along or within view from the river:
7. Trees with significant habitat value;
8. Trees adiacent to public parks, open space and streets;
9. Trees located along a water feature; and,
10. Heritage trees.
(b) Restoration or Replacement. The proposal mitigates, to the greatest possible degree, the
loss of significant trees and vegetation through restoration or replacement, as follows:
1. Planting of replacement trees along stream corridors, or within common areas; or,
2. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian
vegetation.
(7) As used in this section, the words "the greatest possible degree" are drawn from Oregon
Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that
each of the identified Willamette - Greenway criteria is met to the greatest extent possible
without precluding the requested use.
(86) When site review approval is required, the proposed development will be consistent with the
applicable site review criteria.
(9-7) The proposal complies with all applicable development standards for features explicitly
addressed in the application. An approved adjustment to a standard pursuant to
provisions beginning at EC 9.8015 of this land use code constitutes compliance with the
standard.
9.8825 Modifications to a Willamette River Greenway Permit.
After the effective date of appFaval of final plar~s Willamette River Greenway Permit approval,
modifications to the appFe ed f""'' plans of the Willamette River Greenway Permit, as provided in EC
9.7230 and EC 9.7340, may be considered in accordance with the Type II Application Procedures
contained in EC 9.7200 through EC 9.7230. The planning director shall decide whether to grant the
requested modification based on the following criteria:
(1) The modification will be consistent with the conditions of the original approval; and
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Willamette River Greenway Code Amendments
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(2) The modification will result in insignificant changes in the physical appearance of the
development, the use of the site, and impact on the surrounding properties.
If determined to be consistent with the above criteria, the planning director shall approve the request.
The applicant retains the ability to submit the requested modification as a new Willamette River
Greenway permit application based on the Type III procedural requirements. Nothing in this land use
code shall preclude the applicant from initially submitting the requested modification as a new
Willamette River Greenway permit application.
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