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ZOA2005-00001ZOA2005-0000 / fi C J nab AAA t L-2 r% AV. '- I IW_" I.I1...'V1. CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223 -8189 503-.639.4171/501684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File # Zo�}�sy`- on ®� i Other Case # z ° &2z�5 `p°oo j Date By Receipt # City ❑ Urb ❑ Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review I, II or III ( ) El Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (11) Qrlty.+ 06"c- 40 Dt%Xl ❑ Home Occupation (11) ❑ Subdivision II or III 1Y UUUUK (Address i available) C ceLv�, 5e�o kqA 2S'sp S w 503 (ov 1 •3660 '503 (o S, • 34P03 PRIMARY CONTACT PERSON e dry. �wn� �•. 1-HUNI:_ NO. 503 •0r( • 41}ZS LK/DEF-D HOMER (Attach list it more than one N 4A lJHONE W. FAX NO. *When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the � space provided on the back of this form or.submit a written authorization with this application. ease be specific) C-11eaw 1,Ja -der Scary tcc.o re-q ucsk a„%3 N- t 0r ce -oF - •4e ce }0 rtV k +V%C- '�k t k G�\ .•.d � w► c, c we w�o� � APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. 9 THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Owner's Signature. Owner's Signature Owner's Signature C0 1 iI INUALI„IU .3 1JOy514ALwI V Applicant /Agent/Representative's Signature Date Date Date Date Date Date Date L CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic.submittal_ requirements for a land use application. BASIC INFORMATION: 13"' Completed Master "Land Use Permit" Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed IY Written summary of proposal 0' Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre - Application Conference notes) .❑ Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal -size ( #10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be. prepared by the City for a minimal fee (see request for 500' property owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments. ❑ Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign -in Sheets ❑ Service Provider Letter ❑ Impact Study per Seption 18.390.040.B.2 .(e) T" Copy of the Pre - Application Conference notes IY Filing Fee (see fee schedule) Sec CDVtr /2l*.- rG9vICSf PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or. plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (See separate attachment for details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading /Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan, 0 Preliminary Partition /Lot Line Adjustment Plan ❑ Tree Preservation /Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations & floor plans) Q Landscape Plan ❑ Sign Drawings ❑ Public Improvements /Streets Plan _NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF. REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h: \patty \masters \application submittal requirements.doc UPDATED: 26- Jun -02 Pre application notes To change the development code and comp plan text February 10, 2005 STAFF PRESENT:- Morgan Tracy, Gary . Pagenstachert Duane Roberts_ APPLICANT: Clean Water Services AGENT: Kendra Smith PROPERTY LOCATION: Citywide, all zones. TAX MAP/ LOT #'s: N/A PROPOSAL DESCRIPTION: Development Code and Comprehensive Plan text amendments to allow stream enhancement, projects in significant wetland areas (presently prohibited without a comp plan amendment to remove Goal 5 protection) when conducted by a public agency (City or CWS). COMP. PLAN DESIGNATION: Citywide ZONING: All Zones CITIZEN INVOLVEMENT TEAM: All NEIGHBORHOOD MEETING A neighborhood meeting is not required for the text change. Pre -app meetings are valid for application purposes for .6 months. NARRATIVE Include your proposed text changes and include a narrative that explains the purpose for each change (except punctuation and other clerical chages). REVIEW CRITERIA AND PROCESS There are no specific criteria; however, applications follow the Type IV review process which includes considerations as spelled out in 18.390.060(G). Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing' before the planning commission. The Planning Commission then makes a recommendation to City Council.to either approve the request as proposed, modify the request, or deny the request. A subsequent hearing (or hearings) is then held. by the City Council. Application fees: Comp Plan Text Amendment $8,187 Zone Text Amendment: $1,609 (1/2 of $3,218) Decision timeline is generally about 4 months from receipt of a complete. application. The 120 day rule is not applicable to legislative changes. ADDITIONAL NOTES Staff generally supports CWS efforts to enhance stream resources, and agrees with the concept of streamlining the review process, and removing obstacles in conducting these activities. However, there is concern that the amendments you are suggesting would remove public review entirely, and may conflict with Goal 1, , public involvement. Some balance of streamlining to public scrutiny should be reached, and staff feels that a type II review is an ap .-p_ro_priate level of public -� involvement. This includes noffcation to abutting owners and the requirement for a neighborhood meeting prior to submitting an application. Your proposed changes to the Tree Code seem to. over. reach. Staff feels that you could suggest limiting the extent of the Tree Survey to the project impact area, and not the entire parcel. This information is required to determine what trees will require tree permits (for removals within sensitive lands). You may also want to " examine and propose changes to the criteria for removal in sensitive lands, especially streams. PREPARED BY: Morgan Tracy Associate Planner • • CleanWater Services Our commitment is clear. March 21, 2005 City of Tigard Planning Department 13125 SW Hall Blvd Tigard OR 97223 -8189 City Staff, RECEIVED PLANNING MAR 2 3.2005 CITY OF TIGARD Clean Water Services (District) has prepared revisions to the Tigard Development Code in Sections 18.775 and 18.790 to allow for the implementation of stream enhancement activities in Goal 5 resource areas, without altering the designation as a significant natural resource area. While not addressed in this application, the City may also need to consider the implication of land form alteration limitations on sanitary utility construction and repair in floodplains with Goal 5 resources. As the code it currently written, such activities conducted by the District or City are not allowed. Pursuant to Section 3.C. item 8. of the District / City Intergovernmental Agreement (IGA) dated January 25, 2005, the District requests a fee waiver for this permit application to the extent that the City waives such internal code re -writes upon itself. Please let us know if you do in fact charge yourselves for code revisions and we will provide the internal fee as outlined in the IGA. The current charge of $9,796 to the District, for changes the City is required to make to comply with District Standards and NPDES permit requirements, is not included in this application packet. We ask that you proceed with reviewing the application for completeness, with the knowledge that the District and City will resolve the permit fee situation concurrently. All the necessary forms and documentation is attached, along with a letter from the Department of Land Conservation and Development that articulates that the proposed changes will not impact the City's Goal 5 Safe Harbor compliance. If you have any questions, please do not hesitate to contact me at 503.681.4425 or smithk ,cleanwaterservices.org. Best regards, tith endra Water Resources Program Manager 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org Applicant: Clean Water Services Narrative: Text Changes in City of Tigard Code Section 18.775 Sensitive Lands and 18.790 Tree Removal Written Summary: Clean Water Services requests changes the Sections 18.775-and 18.790 of the City of Tigard's Development Code in order to update out -dated references to District Design and Construction Standards and to modify provisions of the code that currently prevent the District and City from being able to implement stream and wetland enhancement activities within the City. Consistency with Decision Making Criteria for Type IV Land Use Review: Statewide Planning Goals and Guidelines Statewide Planning Goals 1,5,6,7 are relevant to the proposed code changes as outlined below: Goal 1: Citizen Involvement. Enhancement activities are initially developed through comprehensive watershed planning processes that include citizen participation. The projects are budgeted through an open budgeting process. Projects are permitted through state and federal permit processes that allow for public input. The technical review for engineering that is conducted by the City during plan review is also open for public review and consideration by the public. District and City enhancement projects typically engage the public through notice of activity and requests for participation in activities such as trash clean-up and tree planting. Goal S: Open Space and Natural Resources. Enhancement activities promote preservation and improvement to the quality of natural resources and open space. Goal 6: Quality of Air, Water, Land. Enhancement activities are a direct action towards maintaining and improving the quality of the regions air, water land resources. Goal 7: Natural Disasters and Hazard Areas. Enhancement activities improve the resiliency of natural areas to withstand floods, minimize and reduce landslide hazards, help natural areas compete with nonnative species, lower fire risk by maintaining proper native plant communities. When the natural areas are in balance and functioning, they help protect the community and property from natural disasters by dampening their impact. Federal or State Statutes or Regulations Federal and State regulations that are relevant to the proposed code changes are described below: Clean Water Act requires conservation and improvement of the quality of our nations' waters for their beneficial uses. The proposed language supports enhancement activities that will help improve water quality and aquatic species habitat. Section 404 of the Act regulates wetland activities. Some enhancement projects require permits under section 404 and are obtained from the Corps of Engineers as required. ■ Endangered Species Act conserves threatened and endangered species and the habitats on which they depend. The proposed language supports enhancement activities that will improve habitat for many aquatic species. Some enhancement projects require permits under section 7 of the Act and are obtained from NOAA- Fisheries or US Fish and Wildlife Service as required. Oregon Fill /Removal Law preserves wetlands and streams. The proposed language supports enhancement activities that will help improve the quality of remaining urban wetlands and streams. Many enhancement activities are permitted through general authorization permits. All necessary permits for enhancement are obtained from the Department of State Lands and Oregon Department of Fish and Wildlife as required. Department of Land Use and Conservation Statewide Planning Goal 5 OAR 660 Division 23 protects natural resources and conserves scenic and historic areas and. open spaces. The proposed language supports enhancement activities that will improve the quality of natural resource areas. A letter from DLCD concurs that the proposed changes are consistent with the desired outcomes of Goal 5. Applicable Metro Regulations Wetland, stream and floodplain enhancement activities are consistent with Metro regulations including, but not limited to: The Regional Urban Growth Goals and Objectives (1995) Goal II.1 Natural Environment. Urban Growth Management Functional Plan Title 3. Enhancement is consistent with the goal of protecting stream corridors to reduce flooding hazards to people and property and allow monitoring of water quality and conservation of fish and wildlife habitat. Regional Goal 5 Planning. Enhancement is consistent with the conservation of fish and wildlife habitats. Applicable Comprehensive Plan Policies The implementation of enhancement activities within floodplains, wetlands, and streams influences the Comprehensive Plan Policy 3.2 Foodplains. Per the policies outlined in 3.2.1, 3.2.2, 3.2.3 all enhancement projects involving grading of soils, large wood placement, rock placement, or substantial revegetation in the floodplain/floodway are required by both the City and the District's Design and Construction Standards to document the hydraulic impacts of the activities. Such engineering analysis will continue to be required and submitted to the City for review and is not affected by the proposed code language revisions. on the fl lain r wetland Policy 3.2.4 prohibits developm€ �,��2 o e ��q oodp o et and Because grading is included in tl this policy is impacted by the proposed code language revisions. The pr AC states that land form alterations, when coordinated by Clean Wat purposes of enhancement, would be allowed in streams and wetlandE ins. To make the policy consistent with the proposed code revisions, cla entence such as "Enhancement activities conducted solely to improve the quality and ecological function of significant wetlands, streams, and floodplains shall be allowed under City Code." Applicable provisions of the City's Implementing Ordinances 18.775.130 Plan Amendment Option is available to the District as an alternative project approval process. However, the District does not want to remove the protective status of the resource areas under Goal 5 in order to improve their quality and function. The proposed changes to the Tigard code support the implementation of enhancement activities that further serve the purpose of the Goal 5 2 0 0 program to protect significant fish and wildlife habitats. Consequently, the District chose to amend text rather than pursue individual Plan Amendments on each project. Proposed Changes Text of Sections 18.775 and 18.790: See attached text amendments for detailed language revisions and justifications. 3 Chapter 18.775 SENSITIVE LANDS Sections: 18.775.010 Purpose 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.775.030 Administrative Provisions 18.775.040 General Provisions for Floodplain Areas 18.775.050 General Provisions for Wetlands 18.775.060 Expiration of Approval: Standards for Extension of Time 18.775.070 Sensitive Land Permits 18.775.080 Application Submission Requirements 18.775.090 Special Provisions for Development Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek 18.775.100 Adjustments to Underlying Zone Setback Standards 18.775.110 Density Transfer 18.775.120 Variances to Section 18.775.090 Standards 18.775.130 Plan Amendment Option 18.775.010 Purpose A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreation potential. B. Implement comprehensive plan and floodplain management program. The regulations of this chapter are intended to implement the comprehensive plan and the city's flood plain management program as required by the National Flood Insurance Program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 and, where revised, the March 20, 2000, zero -foot rise floodway elevation. C. Implement Clean Water Service(CWS) Design and Construction Standards. The regulations of this chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in accordance with the CWS "Design and Construction Standards", March- 2004 version ________ ____ Deleted: as adopted Deleted: February 7, 2000 D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are intended to protect the beneficial water uses and functions and values of resources within water quality and flood management areas and to implement the performance standards of the Metro Urban Growth Management Functional Plan. E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors. F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. Sensitive Lands 18.775 -1 Code Update: 06102 G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The 100 -year floodplain or 1996 flood inundation line, whichever is greater; 2. Natural drainageways; 3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard "Wetland and Stream Corridors Map "; and 4. Steep slopes of 25% or greater and unstable ground. 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming A. Activities Requiring a Permit All proposed `--------------------------------------------------------------- develoment " must obtan a Storm ater Connection___ - - Permit from CWS pursuant to its "Design and onstruction Standards ". As used in this chapter, the meaning of the word "development" shall be as defined in the CWS "Design and Construction Standards" Chapter 1 Section 1.02.14 as listed below: 1. All human induced changes to improved or unimproved real property, including: a. Construction of structures requiring a building permit if such structures increase the impervious surface footprint on real property: b. Land division including subdivisions, lot line adjustments, expedited land partitions, and minor land partitions. "Land division' does not include plats for the sole purposes of converting existing buildings into condominiums; c. Drilling d. Site alterations resulting from surface mining or dredging e. Grading that would require an erosion control permit; f. Construction of earthen berms; g. Paving and Roadway construction; h. Excavating that would require an erosion control permit; i. Clearing when it results in the removal of trees or native vegetation that would require a permit for the City /County or notification to the Oregon Department of Forestry; j. Redevelopment; and k. Construction of utility infrastructure 2. The following activities are nor included in the definition of development: a. Farming activities when conducted in accordance with accented farming practices as defined in ORS 30.930 or under the Tualatin River Subbasin Agricultural Water Quality Management Area Plan; b. Construction on lots in subdivisions meeting the criteria of ORS 92.040(2); c. Any development activity for which land use approvals have been issued pursuant to a land use application submitted to a land use authority on or before February 4, 2000 and deemed complete by the land use authority on or before March 15, 2000. Renewals or modifications of such land use approvals shall be required to conform to these regulations, d. Measures to repair, maintain, or remove existing structures, facilities, roadways, driveways, accessory uses or other development, provided that such measures are consistent with District/City /County regulations and do not encroach further into the Vegetated Corridor or Sensitive Area, e. Interior modifications and vertical additions (additional stories) that do not modify the existing structure footprint or increase the building footprint impervious area of the site, provided that Sensitive Lands 18.775 -2 Code Update: 06102 Deleted: CWS Sto —ater Connection Permit �I \� such modifications or additions are consistent with District/City /County regulations and do not encroach further into the Vegetated Corridor or Sensitive Area; f. Measures to replace within the existing footprint a structure(s) lost due to a catastrophic event such as fire, provided that such measures are consistent with District/City /County regulations. Structures that are Rattly or wholly within a FEMA designated 100 -year floodplain that are damaged beyond more than 50% of the value or proposed to be improved by more than 50% of their value, must be elevated or flood - proofed consistent with the National Flood Insurance Program participation requirements. _i 7 4---------------------- _---------------------------------------- _------------------------------------------------------------------- Sections 18.775.020 D, B. Allowe:4 Lases t Requiring a�rmit Except as provided below and b--------------------------------- - - -- ----------------- ----- - 18.775.020.F, and 18.775.020.G, the following uses are outright permitted uses within the 100 -year floodplain, drainageways, slopes that are 25% or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, grills, basketball hoops and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; except in (a) a Water Quality Sensitive Area or Corridor, as tG corridorl the Statewide al vegetated established shed foDrethe Tualatin Ri er, as defined in'Section ; 18.775.090. , 2. Farm uses conducted without locating a structure within the sensitive land area; except in (a) a Water Quality Sensitive Area or Vegetative Corridor, as defined in CWS "Design and Construction Standards ", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 3. Community recreation uses, excluding structures; except in (a) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and Construction Standards ", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources..,__- -- �, Fences; except in (a) the floodway area, (b) a_ Water Quality Sensitive Area or Vegetated - Corridor, as defined in the CSW "design and Construction Standards ", or (c) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. Accessory structures which are less than_120 square feet_in size; except in (a) the floodway area, (b) a Water Quality Sensitive Area or Vegetative Corridor, as defined in the CWS "Design and Construction Standards ", or (c) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 7, Land form alterations involving up to_10 cubic -------------- ards of material; except in (a) the floodway area, ;' ---------- --------- -- ---- ---- ----- --- - --- - -- - - - - -- - - -- (b) aWater Quality Sensitive Area or Vegetative Corridor, as defined in the CWS "Design and Construction Standards ", or (c) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. Wh ,C Activities Not Requiring A Permits en performed under the direction of the City or Clean Water�f• Services, and in compliance with the provisions of the City of Tigard Standards and Clean Water Services Design and Construction Standards, the following shall be exempt from the provisions of thi�Chaptec ;::_---- Sensitive Lands 18.775 -3 Code Update: 06102 Deleted: : Deleted: All human - induced changes to improved or unimproved real property including:Q Construction of structures requiring a building permit, if such structures are external to existing structuresi 4 Land division;Q V Drilling,j 9 Site alterations resulting from surface mining or dredgingq 9 Grading;¶ 4 Construction of earthen berms;¶ 4 Paving,j 4 Excavation; oil 9 Clearing when it results in the removal of trees or vegetation which would require a permit from the local jurisdiction or an Oregon Department of Forestry tree removal permit.¶ 9 The following activities are not included in the definition of development:¶ 9 ril Deleted: Outr hg_t pemutted Deleted: u Deleted: with Deleted: n Deleted: p Deleted: required Comment: Removal of nonnatives included in Activities permitted Formatted: Indent: Hanging: 0.25', Tabs: 0 ", Left Deleted: $ 9 .. r2l Deleted: 7 Deleted: 8 Deleted: 9 Comment: This should probably be moved to Rem B Deleted: - - - -- -Page Break----- - Formatted: Indent: Left: 0 ", First line: 0" Deleted: Exemptions Deleted: Specifications for Riparian Area Management, on file in the 3 Deleted: Deleted: section 1. Responses to public emergencies, including emergency repairs to public facilities; 2. Clean Water Services and City coordinated stream wetland, and floodplainenhancementpro_ec - ; -- Deleted: s conducted solely for the ecological benefits to the resource. Projects include but are not limited Deleted: and to: large wood placement, channel remeandering, oxbow creation, floodplain wetland creation, Del; s restoration and bioengineered bank stabilization, culvert replacement or upgrades, outfall pretreatment in swales and other landform alteration activities; Deleted: g`a"' 3. Non - native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects. D. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map ", do not require a sensitive lands permit. The City shall require that all necessary permits from other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits for areas within the 100 -year floodplain, slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. E. Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100 -year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; b. The City Engineer shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area, for land that is within public easements and rights -of -way by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; c. The Director shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; d. The Director shall review the repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; Sensitive Lands 18.775 -4 Code Update: 06102 • . e. The Building Official shall review building permits for accessory structures which are 120 to 528 square feet in size, except in the floodway area; and f. The Director shall review applications for paving on private property, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter. 2. The responsible community development division shall approve, approve with conditions, or deny an application for a development permit, as described above, based on the standards set forth in Sections 18.775.050, 18.775.070, and 18.775.080. F. Sensitive lands permits issued by the Director. 1. The Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070: a. Drainageways; b. Slopes that are 25% or greater or unstable ground; and c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map ". 2. Sensitive lands permits shall be required for the areas in Section 18.775.020.F.I above when any of the following circumstances apply: a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction; c. Residential and non - residential structures intended for human habitation; and d. Accessory structures which are greater than 528 square feet in size, outside floodway areas. G. Sensitive lands permits issued by the Hearings Officer. 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100 -year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070. 2. Sensitive lands permits shall be required in the 100 -year floodplain when any of the following circumstances apply: a. Ground disturbance(s) or landform alterations in all floodway areas; Sensitive Lands 18.775 -5 Code Update: 06102 0 b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures which are greater than 528 square feet in size, outside of floodway areas. H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. I. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.760. 18.775.030 Administrative Provisions A. Interagency Coordination. The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. 1. As governed by CWS "Design and Construction Standards ", the necessary permits for all "developmenY;_shal] include a CWS Service Provider Letter, which specifies the conditions and - oeIeted: , as defined in section requirements necessary, if any, for an applicant to comply with CWS water quality protection .Aabove standards and for the Agency to issue a Stormwater Connection Permit. B. Alteration or relocation of water course. 1. The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The Director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood - carrying capacity is not diminished. C. Apply Standards. The appropriate approval authority shall apply the standards set forth in Sections 18.775.040, and 18.775.070 when reviewing an application for a sensitive lands permit. D. Elevation and flood - proofing certification. The appropriate approval authority shall require that the elevations and flood - proofing certification required in Section 18.775.030.E below be provided prior to permit issuance and verification upon occupancy and final approval. Sensitive Lands 18.775 -6 Code Update: 06102 E. Maintenance of records. 1. Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved flood - proofed structures, the Building Official shall: a. Verify and record the actual elevation (in relation to mean sea level); and b. Maintain the flood - proofing certifications required in this chapter. 3. The Director shall maintain for public inspection all other records pertaining to the provisions in this chapter. 18.775.040 General Provisions for Floodplain Areas A. Permit review. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will minimize the potential for flood damage. B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February 1984) is hereby adopted by reference and declared to be a part of this chapter, except where revised by the "Fanno Creek Watershed Flood Insurance Restudy; Final 100 -Year Floodplain, Zero -Rise Floodway, and Base Map Elevations; City of Tigard, March 20, 2000 ", which also is hereby adopted by reference and declared to be part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. C. Base flood elevation data. When base flood elevation data has not been provided in accordance with Section 18.775.040.13 above, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 18.775.040.M and 18.775.040.N below). D. Test of reasonableness. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that the potential for flood damage to the proposed construction will be minimized. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage. Sensitive Lands 18.775 -7 Code Update: 06102 • • G. Equipment protection. Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. H. Water Supply Systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. 1. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. J. Sanitary sewerage s std. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On -site water disposal systems. On -site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. L. Residential Construction. New construction and substantial -improvement of any residential structure, including manufactured homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood elevation; 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation system. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors. M. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: 1. Be flood - proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; Sensitive Lands 18.775 -8 Code Update: 06102 0 • 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Section 18.775.030.E.2; and 4. Nonresidential structures that are elevated, not flood - proofed, must meet the same standards for space below the lowest floor as described in Section 18.775.040.L.2. Applicants flood - proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood - proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). N. Subdivisions and partitions in 100 -year floodplain. Subdivisions and partitions in the 100 -year floodplain shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source, the applicant shall generate base flood elevation data to be reviewed as part of the application. 18.775.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard "Wetland and Streams Corridors Map ", and to delineated sensitive areas per Clean Water Services Design and Construction Standards. IWetland locations may include_ but are not - -- - - __.- comment: The vegetated corridors limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of are not wetlands, they are uplands. Tigard, Oregon," Fishman Environmental Services, 1994. g g you should refer to the sensitive areas instead. Deleted: a vegetated corridor ranging B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland from 25 to 200 feet wide, measured maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done horizontally, from the defined boundaries b qualified professionals at the applicant's expense. Y q P PP P C the wetland, per "Table 3.1 Vegetated corridor Widths" and "Appendix C" Natural Resource Assessments" of the 18.775.060 Expiration of Approval: Standards for Extension of Time Cws "Design and Construction Standards ". A. Voiding of permit. Approval of a sensitive lands permit shall be void if 1. Substantial construction of the approved plan has not begun within a one -and- one -half year period; or 2. Construction on the site is a departure from the approved plan. B. Granting of extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that: Sensitive Lands 18.775 -9 Code Update: 06102 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. C. Notice of the decision. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Section 18.390.040.G and 18.390.040.H. 18.775.070 Sensitive Land Permits A. Permits required. An applicant who wishes toy develop within a sensitive area as defined in Chapter -- Formatted: Font: Bold 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in Sections 18.775.020.F and 18.775.020.G. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in Sections 18.775.070.13 — 18.775.070.E below. B. Within the 100 -year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100 -year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; 2. Land form alterations or developments within the 100 -year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals shall be obtained; and 7. Where land form alterations and /or development are allowed within and adjacent to the 100 -year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall Sensitive Lands 18.775 -10 Code Update: 06102 • include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on -site and off -site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink -swell capability; compressible /organic; and shallow depth -to- bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. D. Within draina eways. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: I. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on -site and off -site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals shall be obtained; 7. Where land form alterations and /or development are allowed within and adjacent to the 100 -year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Sensitive Lands 18.775 -11 Code Update: 06102 0 0 E. Within wetlands. The Director shall approve, approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within the vegetative corridor established per "Table 3.1 Vegetative Corridor Widths" and Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards ", for such a wetland; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 3. Any encroachment or change in on -site or off -site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.745, Landscaping and Screening; 5. All other sensitive lands requirements of this chapter have been met; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals shall be obtained; 7. The provisions of Chapter 18.790, Tree Removal, shall be met; 8. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. 18.775.080 Application Submission Requirements A. Application submission requirements. All applications for uses and activities identified in Sections 18.775.020.A — 18.775.020.G shall be made on forms provided by the Director and must include the following information in graphic, tabular and/or narrative form. The specific information on each of the following is available from the Director: 1. A CWS Stormwater Connection permit; 2. A site plan; 3. A grading plan; and 4. A landscaping plan. Sensitive Lands 18.775 -12 Code Update: 06102 • • 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666 - 023 -0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed /approved pursuant to Section 18.775.130, Section 18.775.020.B Allowed Uses Not Requiring a Permit or Section 18.775.020.0 Activities Not Requiring a Permit. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660 - 023 -0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in accordance with CWS "Design and Construction Standards ", or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland Deleted: below: identified as significant on the City of Tigard "Wetlands and Streams Corridors Map ") is located Deleted: < # >Roads, pedestrian or bike within the 75 -foot setback area, the vegetated corridor is measured from the upland edge of the ;; paths crossing the vegetated corridor associated wetland. from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the City per Section 18.775.070 and by the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS "Design and :; CWS "Design and construction Construction Standards ", or modified in accordance with Section 18.775.130. If all or part of a �; Standards-;$ 4 locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands < #> Utility/service provider infrastructure and Streams Corridors Map ") is located within the 50 foot setback area, the vegetated corridor is construction (i.e. storm, sanitary sewer, if measured from the upland edge of the associated wetland. water, phone, gas, cable, etc.), approved by the city and cws;¶ 4 3. The minimum width for "marginal or degraded condition" vegetated corridors along the Tualatin < # >A pedestrian or bike path, not River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width, exceeding 10 feet in width and meeting the CWS "Design and Construction unless wider in accordance with CWS "Design and Construction Standards ", or modified in Standards ";$ accordance with Section 18.775.130. < #>Grading for the purpose of enhancing the vegetated corridor, as approved by the 4. The determination of corridor condition shall be based on the Natural Resource Assessment City and CWS;¶ guidelines contained in the CWS "Design and Construction Standar ds ". 9# >Measuresto remove or abate hazards, nuisances, or fire and life safety 5. The standard setback distance or vegetated corridor area applies to all development proposed on violations as approved by the regulating 'saiction;q property located within or partially within the vegetated corridors, except as allowed in CWS Design and Construction Standards Section 3.02.4_ ;; <#>Enhancement of the vegetated ` corridor for water quality or quantity benefits, fish, or wildlife habitat, as c approved by the City and CWS;V 6. — — — Land form alterations or developments located within or partially within the Goal 5 safeharbor 9 setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, < # >Measures to repair, maintain, alter, remove, add to, or replace existing and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of structures, roadways, driveways, utilities, the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or accessory uses, or other developments regional agencies, are not subject to the provisions of Section 18.775.090.13, except where the: provided they are consistent with City and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards.¶ Sensitive Lands 18.775 -13 Code Update: 06102 • a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as defined in Sections 18.775.090.B.I and 18.775.090.B.2; b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as defined in Section 18.775.090.B.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. 18.775.100 Adjustments to Underlying Zone Setback Standards Adjustments to dimensional standards of the underlying zone district may be approved by the Planning Director when necessary to further the purpose of this section. A. Adjustment option. The Planning Director may approve up to 50% adjustment to any dimensional standard (e.g., setback height or lot area) of the underlying zone district to allow development consistent with the purposes of this section. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be requested under Type II procedure when development is proposed within or adjacent to the vegetated corridor area. In order for the Director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that all the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration ahs been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi -story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas and garage space. 4. In no case shall the impervious surface area as a single - family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. 18.775.110 Density Transfer Sensitive Lands 18.775 -14 Code Update: 06102 0 • Density may be transferred from vegetated corridor areas as provided in Sections 18.715.020 — 18.715.030. 18.775.120 Variances to Section 18.775.090 Standards Variances to the use provisions of Section 18.775.090 are not permitted. Variances from measurable (dimensional) provisions of this section shall be discouraged and may be considered only as a last resort. A. Type II variance option. The Hearings Officer shall hear and decide variances from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.370 of the zoning ordinance. B. Additional criteria. In addition to the general variance criteria described in Chapter 18.370, all the following additional criteria must be met to grant a variance to any dimensional provision of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is owned by the applicant, and which was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the underlying zoning district, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards ", the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards ", no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on -site, on a square foot for square foot basis, by native vegetation. 18.775.130 Plan Amendment Option Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands and/or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an Alternatives Analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards ". The applicant shall demonstrate that such an amendment is justified by either of the following: Sensitive Lands 18.775 -15 Code Update: 06102 0 . A. ESEE analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660 -23 -040. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planing Area; 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use; 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be amended to remove the site from the inventory. B. Determination of "insignificance ". In this case, the applicant must demonstrate that the sensitive area site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. In considering this claim, the City Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code.■ Sensitive Lands 18.775 -16 Code Update: 06102 • i Chapter 18.790 TREE REMOVAL Proposed changes and additions are bolded and in italics. A justification for the changes is also included. 18.790.020 Definitions. Add a definition for enhancement activities: Enhancement Activities: Activities implemented by Clean Water Services or the City for the sole purpose of improving and/or protecting the ecological functions and values of streams, wetlands, and forest resources. Common enhancement activities include: large wood placement, stream channel remeandering, floodplain grading, rock and boulder placement for habitat, bank repair using bioengineering techniques, in- stream pond reconfiguration, stream channel restoration, revegetation, invasive species removal, selective thinning to preserve forest health (particularly white oak woodlands), mowing and clearing associated with site maintenance during project establishment. Justification: The District and City collect limited funds to improve the quality of our water resources; stream enhancement activities are implemented solely for that purpose. Dollars and time spent negotiating permits and preparing plans to demonstrate avoidance of impact for public projects that are inherently.designed to improve resource value, is an inefficient use of limited ratepayer funds. It is also important that the City have the ability to actively manage their forests in order to minimize fire hazard and disease, and preserve unique forest communities and visitor experiences. Any opportunity to streamline the approval process of such public enhancement projects should be encouraged. 18.790.030 A. Tree Plan Required. Add a final sentence to the paragraph or make a subsection: Enhancement activities conducted by Clean Water Services or the City for the sole purpose of improving the ecological heath of forest and water resources shall be.exempt from the tree plan requirement. Justification: Preparing a tree plan for projects implemented solely for the benefit of restoring ecological functions of an area, takes valuable time and resources away from on- the - ground improvements. Such projects are designed to expand healthy resource features and tree impacts, if any, are minimized to the maximum extent practicable. Ecological enhancement is not development; any impacts are temporary and are for the long term viability of the resource. The District and City have staff with advanced degrees trained in stream ecology, botany, horticulture, and forestry that are qualified to make the determinations regarding tree protection. A definition of enhancement is in 18.790.020. 18.790.050 A. Removal Permit Required. Add the following to the first sentence. Tree removal permits shall be required for the removal of any tree which is located on or in a sensitive area as defined by Chapter 18.775, except when removal is part of enhancement activities as defined in 18.790.020 where the tree sizes are under 8 inches in caliper and 0 fewer than a total of 10 native trees are removed. The permit for removal of a tree shall be processed..... Justification: The District and City are responsible for increasing canopy cover along streams to meet water quality requirements, so tree removal is rare and undesirable. However, if there are no other options for access or an alternative design, the District would like the flexibility to remove those trees under 8 inches without a permit, with a limit of 10 native trees. All such trees would be mitigated with replacement plantings. The addition in 18.790.050A.2. clarifies that mitigation for canopy cover is required. 18.790.050 A. 1. b Reference to Chapter 5 and Unified Sewerage Agency is out of date. It should be replaced with Clean Water Services' Design and Construction Standards Chapter 8 Environmental Protection and Erosion Control Rules. 18.790.050 A. 2. Add the following changes for clarification of the paragraph. Within stream and wetland corridors, defined as 50 feet from the boundary of the stream or wetland, tree removal must minimize the loss of canopy cover. Mitigation for tree removal shall be of sufficient density and size to achieve 75% canopy cover over the area in which the tree was removed, within five years time. Justification: It is impossible to maintain canopy to the same level as before a tree was removed in a near stream area. A five year allowance to replace and/or increase the canopy level to 75% is achievable in most circumstances. 18.790.050 D. Add an item 5 that states: 5. Is invasive or non - native and the activity is part of an enhancement project. Justification: Non - native invasive trees need to be removed to promote healthy native plant communities. With the restriction on canopy cover limited in 18.790.050.A.2 tree removal may be phased over time to avoid any losses in cover. 2 re on m' z a s s Theodore R. Kulongoski, Governor March 3, 2005 Kendra Smith Clean Water Services 2250 SW Hillsboro Hwy Hillsboro OR 97123 Dear Ms. Smith: Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem, Oregon 97301 -2524 Phone: (503) 373 -0050 First Floor /Coastal Fax: (503) 378 -6033 Second Floor /Director's Office: (503) 378 -5518 Web Address: http: / /www.oregon.gov /LCD Your proposed text changes to the City of Tigard Code related to Sensitive Lands (Chapter 18.775) would not impact Tigard's Goal 5 wetlands safe harbor compliance. Although Oregon Administrative Rule 660 -23 -100 4(b)(A) places restrictions on excavation, grading, placement of fill, and vegetation removal in wetlands it does not ban them outright. Therefore, exceptions can be allowed in wetlands under safe harbor protection. If you have any questions, please contact me at 503- 373 -0050 ext. 269 or mark. darienzo @ state.or. us. Sincerely, �1� ( Mark Darienzo Natural Resources Specialist cc: Ann Beier, DLCD and Morgan Tracy, City of Tigard Planning Department 0 Morgan Tracy -_RE: Chapter 18.77 From: "Kendra Smith" <SmithK @CleanWaterServices.org> To: "Duane Roberts" <DUANE @ci.tigard.or.us> Date: 12/28/2004 5:25:38 PM Subject: RE: Chapter 18.775 electronic copy Here are some proposed code revisions. The District changed its standards in March of 2004. Much of the changes reflect language deletions that are no longer in our code or are in a different form. The key element of this proposal is to exempt publicly funded and managed enhancement activities from needing a sensitive lands permit. Let me know if the language changes effectively achieve that objective. I also need to know next steps. Do I need Ann Beier from DLCD to review or write a letter that supports the changes. Based on my conversation with her, she will support languages change that makes it easier to conduct enhancement of significant wetland areas. We need to complete these changes soon, so that we remain on schedule to implement enhancements in Tigard this summer. Thanks for your help. Kendra Smith Clean Water Services - - - -- Original Message---- - From: Duane Roberts [mailto:DUANE @ci.tigard.or.us] Sent: Wednesday, December 08, 2004 4:28 PM To: Kendra Smith Cc: Gary Pagenstecher Subject: Re: Chapter 18.775 electronic copy Kendra, Word copy of 775 attached, as you requested. Please copy changes to Gary P., who will be handling the code revisions. Thanks for the assistance. Duane Roberts City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503 - 639 -4171 ext 2444 >>> "Kendra Smith" <SmithK @CleanWaterServices.org> 12/7/2004 9:54:47 AM Duane - Do you have a formatted version of chapter 18.775 in Word. When I copied from the pdf, the formatting was lost and its hard to follow. I don't want to waste the time fixing it if you have a copy that is workable. I would like to just apply the track changes to a word document and then send it to you for review. Thanks Kendra CC: "Gary Pagenstecher" <Garyp @ci.tigard.or.us> Page 1 -- - -. " T I D E M A R K COMPUTER SYSTEMS. INC. ZON1020 Application received ZON1030 Case created ZON1040 Pre -app. conference held, ZON1050 Planner assigned ZON1110 Application withdrawn Case Activity Listing Case #: ZOA2005 -00001 7/7/2Q06 9:55:35AM 4/6/2005 None DONE KJP 4/13/2005 KJP 4/13/2005 None DONE KJP 4/13/2005 KJP 4/13/2005 None DONE KJP 4/13/2005 Meeting held on 2/10/05. KJP 4/13/2005 None DONE MET 4/13/2005 KJP 4/5/2006 None WDRN GBP PLL 7/7/2006 4/5/06 the applicant (Clean Water PLL Services) officially withdrew this application. Page 1 of I CaseActivity -Ipt T I D E M A R K COMPUTER SYSTEMS. INC. CPA1110 Application withdrawn Case Activity Listing Case #: CPA2005 -00001 7/7/2006 9:54:20AM Asstgned lione Updated. Date 3A NoldD�sp To o By By ' \ Notes 4/5/2006 None WDRN GBP PLL 7/7/2006 4/5/06. the applicant (Clean Water PLL Services) officially withdrew this application. L - Page 1 of 1 CaseActivity..rpt Patty Lunsford - RE Permit Application ZOA 2005 - 0001 _ = Page 1 From: "Kendra Smith" <SmithK @CleanWaterServices.org> To: <garyp @tigard - or.gov> Date: Wednesday, April 05, 2006 3:14:56_PM_ �-0�0� Subject: RE Permit Application'--20 -��AaZ� Gary- Per our phone conversation today; - please withdraW the-above referenced - permit application The information in the application- would be useful- as the City updates-its code related to Goal 5 implementation and ask that you share the information with Dennis. Please let us know an official approval to proceed on Englewood as soon as possible. We hope to start that project in May. Thanks Kendra Smith Clean Water Services CC: "Carla Staedter" < Carla @tigard - or.gov>