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Ordinance No. 26-14
CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 26- ly AN ORDINANCE APPROVING COMPREHENSIVE PLAN MAP AMENDMENT, CMA2026-0001/C-SLR2026- 0001, TO REMOVE GOAL 5 PROTECTION FROM 0.03 ACRE OF LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND AND STREAM CORRIDOR MAP" INVENTORY ASSOCIATED WITH EMERGENCY REPAIRS TO THE SW 121ST AVENUE BRIDGE AND SUMMER CREEK BANK STABILIZATION WHEREAS, Section 18.510.080 includes Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek; and WHEREAS, Section 18.510.080.A. states 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 666-023-0040) 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 18.510.100; and WHEREAS, Section 18.510.100 Plan Amendment Option, provides that any owner of property affected by the Goal 5 safe harbor (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;"and WHEREAS, Section 18.510.100.E further provides that the applicant shall demonstrate that such an amendment is justified by an environmental, social, economic and energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040; and WHEREAS, the applicant prepared an ESEE analysis (Exhibit C) prepared in accordance with OAR 60-23- 040, to justify removal of Goal 5 protection from 0.03 acre of significant wetlands from the subject property; and WHEREAS, on August 3, 2026,the Tigard Planning Commission held a public hearing, which was noticed in accordance with city code, and recommended approval of the proposed CMA2026-0001/C-SLR2026-0001 by a unanimous vote in favor; and WHEREAS, on September 8, 2026, the Tigard City Council held a public hearing, which was noticed in accordance with city code,to consider the Commission's recommendation on CMA2026-0001/C-SLR2026- 0001,to hear public testimony, and apply applicable decision-making criteria;and ORDINANCE No.26- 14 Page 1 WHEREAS, Council's decision to approve CMA2026-0001/C-SLR2026-0001 and adopt this ordinance was based on the findings and conclusions found in Exhibit B and the associated land use record which is incorporated herein by reference and is contained in land use file CMA2026-0001/C-SLR2026-0001. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Map Amendment and Sensitive Lands Review (CMA2026-0001 and C-SLR2026-0001) is hereby approved. SECTION 2: The attached findings (Exhibit B) are hereby adopted as the basis for the Council's decision. SECTION 3: The ESEE analysis (Exhibit C) 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, as approved. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council,signature by the Mayor, and posting by the City Recorder. PASSED: By 1)NMI 1vYloUS vote of all Council members present after being read by number and title only, this 8t`` day of Stpkem be-`. , 2026. Lindsay Bartholomew, Acting City Recorder APPROVED: By Tigard City Council this a day of Sep+embe V , 2026. Yi-Kang Hu, Mayo Approved as to form: V7 )1/ City Attorney a I % 1aoaco Date ORDINANCE No. 26- ly Page 2 i ai 1 Wo yy i C b 1 II 1 a Z ,W 1 p . 1 iiiW N g 1 0 71 1 ��w038 <� co 44 . i' 'i:':;i,:'i lNih. w '''''...:A 0 ''':it i y!.tt 1 ''.miniews _ _ a 4— _ _ _ ,' � � _tea ® 5�� ♦•. /'+ ,, ®; igil I J — a' i I & " U ill ` 5 g Yes 11 ; n n 1 § 7 A i Pi LIT P - i ill Pr,,i' i i ! .-2 I ..„ g lz-1, hi E IP E .1E ri) a 8 cn a y g• s q a. ,i = g y.aI � o`` I akaTisi9 . € iLag c1 zY g O 8808m00 O ® ®® ®®® u w EXHIBIT B Hearing Date:September 8,2026 Time:6:30 PM PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL ° FOR THE CITY OF TIGARD, OREGON 71 • r i c A h I) SECTION I. APPLICATION SUMMARY FILE NAME: SUMMER CREEK BRIDGE STABILIZATION CASE NO.: COMPREHENSIVE PLAN AMENDMENT CMA2026-0001 SENSITIVE LANDS REVIEW C-SLR2026-0001 PROPOSAL: The applicant is requesting a Comprehensive Plan Map Amendment to remove Goal 5 safeharbor protection of 0.03 acres of Tigard significant wetlands and associated vegetated corridor in order to perform emergency repairs to the SW 121 S`Ave bridge,replace and extend an existing sewer pipe, and stabilize the banks of Summer Creek. The applicant is also requesting a sensitive lands review for impacts to the special flood hazard area and drainageway. APPLICANT: City of Tigard Matt Bowling 13125 SW Hall Blvd Tigard,OR 97233 OWNER: Same as applicant LOCATION: WCTM 1S134CD,Tax Lot 00100 COMPREHENSIVE PLAN DESIGNATION: Open Space ZONE: PR APPLICABLE Statewide Planning Goals 1,2,5, 6,7, 11,and 12;Metro's Urban Growth PROVISIONS: Management Functional Plan Tides 3 and 8;Tigard Comprehensive Plan Policies 1.1.2, 1.2.1, 2.1.3, 2.1.8, 2.1.16, 2.1.17, 2.1.22, 2.1.23, 5.1.1, 5.1.8, 5.1.10, 5.1.12, 6.2.1, 6.2.4, 7.1.4, 7.1.7, 7.1.8, 7.1.10, 7.1.14, 7.2.1, 11.1.1, 11.1.6, 11.4.2, 12.1.1, 12.1.2, 12.5.1, and 12.6.1; and Tigard Community Development Code (TCDC) Chapters 18.140, 18.510, 18.710, 18.790, and STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 1 OF 26 18.910. SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL, subject to conditions of approval,of the Comprehensive Plan Map Amendment and Sensitive Lands Review as complying with all applicable comprehensive plan policies and map designations,Statewide Planning Goals, and Metro policies, and that the applicant has demonstrated adequate public services exist to serve the property at the intensity of the proposed zoning. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the PLANNING DIVISION,ATTN:Jenny McGinnis (503)718-2427 or Jenny.McGinnisa,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work,the applicant must submit a tree removal permit for all street trees and native trees in sensitive lands areas. The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: Buck Smith,Principal Engineer at(503)718-2464 or Buck.Smith(a,tigard-or.gov.The cover letter must clearly identify where in the submittal the required information is found: • Repairs associated with public infrastructure including utilities and grading must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • City of Tigard Community Development Codes and Municipal Codes • Other applicable County,State,and Federal Codes and Standard Guidelines • Prior to commencing any site work,the applicant must obtain approval of a Public Facility Improvement(PFI) Permit to cover improvements associated with public infrastructure work or any other work in the public right-of-way,and an Erosion and Sediment Control (ESC) Permit. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street grading.and utilities are required at the time of permit submittal. • Prior to commencing any site work,the applicant must submit the exact legal name,address,and telephone number of the individual or corporate entity who will be designated as the"Permittee", and who will provide the financial assurance for the public improvements. Specify if the entity is STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 2 OF 26 a corporation,limited partnership,LLC,etc. and the state within which the entity is incorporated and provide the name of the corporate contact person. • Prior to commencing any site work, the applicant must submit a construction vehicle access and parking plan for approval. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. Parking construction vehicles or equipment on adjacent residential public streets is prohibited. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. • Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit.The applicant must submit site plans and a final storm drainage report for approval indicating how run-off will be collected and conveyed. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards.The City will forward plans and the storm drainage report to CWS after preliminary review for CWS's review and approval. • Prior to commencing any site work, the applicant must submit for an Erosion & Sediment Control (ESC) Permit. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). • Prior to commencing any site work, the applicant must submit a final grading plan showing the existing and proposed contours for approval. The plan must detail the provisions for surface drainage of all lots and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The design engineer must indicate areas that will have natural slopes between 10 percent and 20 percent, as well as areas that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections or permits will be necessary. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO FINAL ACCEPTANCE: The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: Buck Smith,Principal Engineer at(503)718-2464 or Buck.Smith(a,tigard-or.gov.The cover letter must clearly identify where in the submittal the required information is found: • Prior to final acceptance,the applicant must complete all improvements associated with public infrastructure under the City and CWS jurisdiction. Public infrastructure includes,but is not limited to, street improvements and public stormwater facilities.The applicant must receive conditional acceptance from the City of Tigard. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 3 OF 26 • Prior to final acceptance,the applicant must submit a two years of maintenance assurance for all required public improvements and enter into a stormwater maintenance agreement with the City. SECTION III. BACKGROUND INFORMATION Site Description: The subject site includes one tax lot,WCTM 1S134CD00100,which is located on the east side of SW 12l Avenue between Merestone Ct and Katherine St.The parcel encompasses Summer Creek and is part of the Summer Creek Greenway. The property is owned by the city and is zoned Parks and Recreation (PR). The proposed work will also partially take place in the adjacent SW 121st Avenue right-of-way. Land uses surrounding the project area include single detached residences to the north and south and city-owned natural areas to the east and west. The project area also contains and is adjacent to numerous environmental resources, including Summer Creek, significant wetlands with associated vegetated corridors, and FEMA special flood hazard area. The existing 121"Avenue Bridge carries SW 121"Avenue across Summer Creek.Within the project area, SW Tigard Street is composed of two approximately eleven-foot-wide travel lanes with shoulders on each side for a total width of approximately 35 feet. Per the 2040 Tigard Transportation System Plan (TSP), SW 1215t Avenue is classified as a collector street. Proposed Request: The proposed project is identified in the City's Capital Improvement Plan as project#94057and includes: • Replacement of the SW 12151 Avenue bridge guardrail, foundation,and concrete footers. • Stabilization of the northeast and southeast creek banks through installation of riprap stone and vegetated slopes. • Replacement and extension of the deteriorating northeast and southeast wing walls. The northeast wall will be extended by six feet and the southeast wing wall will be extended by seven feet.The existing deteriorated storm sewer pipe will also be replaced and re-positioned to direct flows away from the wing walls. • Installation of riprap stone around both sanitary sewer manholes. • Installation of root wads at the base of the rip-rap stone on the northeast creek bank. • Clearing all sediment and debris from the northeast and southeast culverts. The purpose of the proposed project is to stabilize the eroding bank and replace deteriorating infrastructure to protect both city facilities as well as the privately owned residential property to the north. The proposed project will reduce erosion, sedimentation, and plant loss. In addition, stormwater and sanitary sewer infrastructure will be secured.The driveway at 11740 SW 121st Avenue will be better protected from damage or collapse due to bank erosion. Road safety will be ensured, as the road guardrail on SW 121st Avenue,along with its foundation and footers,will be replaced.Native vegetation will be planted, replacing the invasive vegetation that will be removed. Approximately 97 native trees, 1,226 native shrubs,and 100 native wetland plants (sedges,rushes,grasses)will be planted once construction is completed. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 4 OF 26 As a result of the proposed improvements, impacts to City-designated sensitive lands are proposed. The applicant is requesting a comprehensive plan map amendment to remove Goal 5 protection of the affected area from the 'Wetland and Stream Corridors Map" and a sensitive lands review for impacts to Summer Creek and the special flood hazard area. A Comprehensive Plan Map Amendment is requested to remove protection from a combined total of approximately 0.03 acres of locally significant wetlands and associated vegetated corridors. The amendment is supported by an environmental,social,economic and energy(ESEE)analysis (Attachment 3). This comprehensive plan change will allow for the repair of a critical facility that would otherwise be prohibited due to the location of existing locally significant wetlands. A significant wetland areas is present within the project area in addition to Summer Creek and will be impacted by the proposed work, as field-verified by the applicant and described in Exhibit 1,Appendix E.The breakdown of impacts to significant resources is outlined in the following table. Regulated City Resource Areas Impact Area (square feet/acres) Significant Wetland 446 / 0.01 Vegetated Corridor 885 / 0.02 Total Wetland Area 1,331 / 0.03 Summer Creek 2,965 / 0.07 Proposed mitigation includes restoration of the wetlands on-site in addition to off-site upland habitat and vegetated corridor,as detailed in the CWS service provider letter and standard site assessment(Exhibit 3) provided by the applicant. Decision Process The application is processed through a Type III-Modified procedure. The Planning Commission will make a recommendation to City Council on the proposed Comprehensive Plan Map Amendment. The Council may approve the amendment, approve with conditions, deny the amendments, or remand the amendments back to Planning Commission. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given an opportunity to provide comments prior to a decision being made. The Planning Commission hearing was scheduled for August 3,2026. Staff mailed a Type III Notice of Public Hearing regarding this application to affected parties on July 14, 2026. The notice was posted at the project site on July 21, 2026. On July 20, 2026,Jill McMahon, an adjacent property owner to the north,submitted comments with questions about if the work will impact her property,and who will complete the landscape planting.Andy Newbury,Principal Engineer in Tigard's Public Works Department, responded that all work will be done upstream of her property and that the contractor is having a landscape contractor complete the planting and have it inspected in accordance with CWS standards.No other written comments were received at the time of the writing of this report. On August 3, 2026, the Tigard Planning Commission held a public hearing on this case.Jill McMahon STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 5 OF 26 provided testimony regarding providing protection for the mitigation plantings.Roger Potthoff provided testimony regarding the need to expand the bridge in order to provide pedestrian infrastructure.No other public testimony was provided. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA This section contains all of the applicable city,state,and Metro policies,provisions,and criteria that apply to the proposed comprehensive plan map amendment. Statewide Planning Goals: Goal 1: Citizen Involvement Goal 2:Land Use Planning Goal 5:Natural Resources,Scenic and Historic Areas,and Open Spaces Goal 6:Air,Water and Land Resources Quality Goal 7:Areas Subject to Natural Hazards Goal 11:Public Facilities and Services Goal 12:Transportation METRO Functional Plan: Title 3:Water Quality and Flood Management Title 8: Compliance Procedures City of Tigard Comprehensive Plan: Chapter 1: Citizen Involvement,Policies 1.1.2,1.2.1 Chapter 2:Land Use Planning,Policies 2.1.3,2.1.8,2.1.16,2.1.17,2.1.22,2.1.23 Chapter 5: Natural Resources,Areas and Open Spaces,Policies 5.1.1,5.1.8,5.1.10,5.1.12 Chapter 6:Air,Water and Land Resources Quality,Policies 6.2.1,6.2.4 Chapter 7:Areas Subject to Natural Hazards,7.1.4,7.1.7,7.1.8,7.1.10,7.1.14,7.2.1 Chapter 11: Public Facilities and Services,Policies 11.1.1,11.1.6,11.4.2 Chapter 12:Transportation,12.1.1,12.1.2,12.5.1,12.6.1 Tigard Community Development Code 18.140 Parks and Recreation Zone 18.510 Sensitive Lands 18.710 Land Use Review Procedures 18.790 Text and Map Amendments 18.910 Improvement Standards SECTION VI. APPLICABLE CRITERIA, FINDINGS,AND CONCLUSIONS The following subsections address only the criteria applicable to this decision. Statewide Planning Goals Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for the land use planning process, including the adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 6 OF 26 FINDING: Citizens,affected agencies,and other jurisdictions were given the opportunity to participate in all phases of the planning process. Several opportunities for participation are built into the Comprehensive Plan Map amendment process, including public hearing notification requirements pursuant to Chapter 18.710 of the Tigard Community Development Code.This goal is satisfied. Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the city's Comprehensive Plan as being consistent with the statewide planning goals.The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report,the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules, and the Statewide Planning Goals. This goal is satisfied. Goal 5—Natural Resources, Scenic and Historic Areas,and Open Spaces: This goal outlines how cities must protect,inventory,and plan for natural and historic resources including waterways,groundwater,wildlife habitat, and trails. FINDING: The applicant has conducted an inventory of natural resources in the project area in compliance with this goal. The project has been designed to avoid and minimize impacts to natural resources including waterways,groundwater,wildlife habitat, and trails to the greatest extent practicable and will provide on-site mitigation to ensure no net loss of significant functions and values. This goal is satisfied. Goal 6—Air,Water and Land Resources Quality: This goal outlines how cities must consider protection of air, water and land resources from pollution by using a variety of market,zoning and management tools. FINDING:The applicant is proposing to restore natural resource functions by reducing erosion along the stream bank,which will lead to reduced stormwater flow velocity and turbidity. Additionally, the project includes replacement of an existing failing stormwater management facility. These combined improvements will contribute to improved water quality. This goal is satisfied. Goal 7—Areas Subject to Natural Hazards: This goal outlines how cities must protect people and property from natural hazards. FINDING:The proposed map amendment will allow replacement of a critical facility that will protect people and property in an area subject to flooding and stream bank erosion. Consistency with the city's Natural Hazard goals and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan. This goal is satisfied. Goal 11—Public Facilities and Services: This goal outlines the timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 7 OF 26 FINDING:The proposed map amendment will allow replacement of a critical transportation facility identified as a priority on the city's Capital Improvements Plan (CIP), which is designed to ensure timely,orderly,and efficient construction and maintenance of public facilities and services.The project also includes replacement of an associated stormwater management facility. These facilities will serve existing and future development. This goal is satisfied. Goal 12—Transportation: This goal outlines how each city must develop a safe, convenient, and economic transportation system. FINDING: The project will stabilize the earth and replace the guardrail of a bridge to provide safer and more comfortable facilities for all users. Consistency with the city's Transportation System Plan goals and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan.This goal is satisfied. CONCLUSION: Based on the above analysis,all statewide goals have been fully met. METRO Urban Growth Management Functional Plan Title 3:Water Quality and Flood Management The purpose of this chapter is to protect the beneficial water uses and functions and values of resources within the Water Quality and Flood Management Areas by limiting or mitigating the impact on these areas from development activities and protecting life and property from dangers associated with flooding. FINDING: This title has been met by limiting the development activity within the Water Quality and Flood Management Area to the necessary stream bank stabilization and replacement of the guardrail.The proposed project has been designed to meet FEMA no-rise requirements,ensuring that flood conditions are not created or worsened downstream as a result of the proposed improvements. Stabilization of the bank and replacement of the guardrail will ensure that the critical structural deficiencies of the existing bridge are addressed, protecting life and property in the event of a future flooding event. This title is satisfied. Title 8: Compliance Procedures The purposes of this chapter are to establish a process for ensuring city or county compliance with requirements of the Urban Growth Management Functional Plan and for evaluating and informing the region about the effectiveness of those requirements. FINDING: This tide has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.080 (Type III-Modified Procedure). On July 14,2026,notice of the Planning Commission public hearing was sent to the interested parties list and all property owners within 500 feet of the subject parcels. On July 27,2026, the proposal was posted on the City's web site. On July 21, 2026, the site was posted with a notice board. On July 27, 2026, the staff report was made available. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council)at which an opportunity for public input is provided.This title is satisfied. CONCLUSION: As shown in the analysis above,the proposal is in compliance with all applicable Titles of Metro's Urban Growth Management Functional Plan. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 8 OF 26 City of Tigard Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2 The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: Citizens,affected agencies,and other jurisdictions were given the opportunity to participate in all phases of the planning process. Several opportunities for participation are built into the Comprehensive Plan amendment process,including public hearing notification requirements pursuant to Chapter 18.710 of the Tigard Community Development Code.This policy is met. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form Policy 1 The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. FINDING: The applicant held a neighborhood meeting on December 10, 2025. On July 14, 2026, a public hearing notice of the Planning Commission public hearing was sent to the interested parties list and all property owners within 500 feet of the subject parcels. On July 27,2026,the proposal was posted on the City's web site. On July 21, 2026, the site was posted with a notice board. On July 27,2026 the staff report was made available.This policy is met. Goal 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 3 The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING:The project was designed in coordination with the applicable affected City agencies including the Public Works and Community Development departments, in addition to Clean Water Services, Department of State Lands, and US AI uy Corps of Engineers. A request for comments was sent to applicable outside agencies,whose comments are included as Attachment 4. Additionally,notice of this application was provided to the Oregon Department of Land Conservation and Development (DLCD) 35 days prior to the first evidentiary hearing on this application.This policy is met. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 9 OF 26 Policy 8 The City shall require that appropriate public facilities are made available, or committed,prior to development approval and are constructed prior to, or concurrently with, development occupancy. FINDING: The project includes replacement of the existing sanitary sewer line. As shown in the preliminary design plans, reconstructed utility lines have been designed based on the City's Public Improvement Design Standards &Details. The stormwater facility will be designed and constructed to meet CWS Design and Construction Standards for stormwater treatment and detention. Street improvements will be constructed by the applicant in accordance with Tigard Municipal Code 18.910 and the City of Tigard Public Improvement Design Standards. Further compliance will be demonstrated at the time of the applicant's Public Facility Improvement (PFI) permit submittal.This policy is met. Policy 16 The City may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design /development requirements. FINDING: This application includes specific development plans meeting CWS and city standards. Conditions of approval will be included with the decision.This policy is met. Policy 17 The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. FINDING:This application includes a comprehensive plan map amendment and sensitive lands review as concurrent applications for the bank stabilization, guardrail replacement, and construction of the associated stormwater facility.This policy is met. Policy 22 The City shall identify, designate, and protect natural resources as part of its land use program. FINDING:The City has identified significant wetlands within its'Wetlands and Streams Corridors Map" and has also adopted Goal 5 protections within TDC 18.510 for sensitive lands, including significant wetlands and riparian areas. The applicant is following the correct procedures to request approval of impacts to these natural resource areas.As described in more detail within the applicant's ESEE analysis (Attachment 3)and CWS standard site assessment(Exhibit 3),the applicant is proposing on-site and off- site mitigation in order to ensure no net loss of significant functions and values.This policy is met. Policy 23 The City shall require new development,including public infrastructure,to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed bank stabilization and guardrail replacement will minimize conflict and are compatible with the adjacent existing and future uses.The site is currently surrounded by residential and parks uses,which will be better served by a safer transportation facility that is less prone to future flood events.This policy is met. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 10 OF 26 Goal 5:Natural Resources,Areas and Open Spaces Goal 5.1 Protect natural resources and the environmental and ecological functions they provide and,to the extent feasible,restore natural resources to create naturally functioning systems and high levels of biodiversity. Policy 1 The City shall protect and, to the extent feasible, restore natural resources in a variety of methods to:A. contribute to the City's scenic quality and its unique sense of place; B. provide educational opportunities, recreational amenities, and buffering between differential land uses; C. maximize natural resource functions and services including fish and wildlife habitat and water quality; and D. result in healthy and naturally functioning systems containing a high level of biodiversity. FINDING: The SW 121st Avenue corridor through the project area and across Summer Creek is constrained by natural resources and existing development on the north side with no option to avoid natural resources while meeting the identified purpose and need for infrastructure repair and bank stabilization. The applicant has designed the project to avoid and minimize impacts to natural resources to the greatest extent practicable and will restore natural resource functions that are currently impaired by erosion, sedimentation, shrub and tree loss, and invasive species. This work will further protect and enhance the Summer Creek Greenway, an important, and valued, natural, aesthetic, and recreational resource. The native washed stone used for riprap and native wetland and plant species will restore fish and wildlife habitats and will improve water quality by reducing stormwater flow velocity and lowering water turbidity. Additionally, invasive species, which are currently outcompeting native species in the project area,will be removed and replaced with native species,increasing biodiversity.This policy is met. Policy 8 The City shall protect and, to the extent feasible, restore the diverse ecological and non-ecological functions and services of streams, wetlands, and associated riparian corridors. FINDING: As described within the applicant's ESEE analysis (Attachment 3) and the CWS standard site assessment(Exhibit 3),the applicant is incorporating mitigation measures to ensure the replacement of the functions and values of impacted resources. Further, as described throughout the submitted narrative and associated documents, the applicant has carefully designed the project to avoid and minimize impacts to the significant wetlands, Summer Creek, and the vegetated corridor areas to the maximum extent practicable.This policy is met. Policy 10 The City shall complete a baseline inventory of significant natural resources and update or improve it as necessary, such as at the time of Comprehensive Plan Periodic Review, changes to Metro or State programs, or to reflect changed conditions,circumstances, and community values. FINDING: The City has conducted an inventory of natural resources in compliance with Statewide Planning Goal 5.The applicant is proposing amendments to the City's'Wetlands and Streams Corridors Map",a component of the Tigard Comprehensive Plan,in order to permit impacts to significant wetlands STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 11 OF 26 and vegetated corridor areas as described throughout this narrative and the associated documents submitted with the application. On approval of this request, the ESEE analysis will be incorporated by reference into the Tigard Comprehensive Plan, and the "Wetlands and Streams Corridors Map"will be amended to remove protection from the area.This policy is met. Policy 12 The City shall develop and implement standards and procedures that mitigate the loss of natural resource functions and services,with priority given to protection over mitigation. FINDING: SW 121"Street's corridor through the project area and across Summer Creek is constrained by natural resources and existing development and there is no way to avoid natural resources while performing repairs that meet the identified purpose and need.The applicant has designed the project to avoid and minimize impacts to natural resources to the greatest extent practicable and will provide on- site wetland restoration and off-site mitigation to ensure no net loss of significant functions and values. This policy is met. Goal 6:Air,Water and Land Resources Quality Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policy 1 The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality. FINDING: The City is working with the Oregon Department of State Lands (DSL), Oregon Department of Environmental Quality(DEQ),and U.S.Army Corps of Engineers (USACE)Portland District to ensure the project complies with or exceeds regional, state,and federal standards for water quality. The repairs to the existing stormwater outfall are designed to meet CWS's Design and Construction Standards and will improve water quality by reducing stormwater flow velocity and lowering water turbidity. This policy is met. Policy 2 The City shall continue cooperation with federal, state, and regional agencies in the management of Tigard's water resources and the implementation of plans and programs. FINDING: The City is working with the Oregon Department of State Lands (DSL), Oregon Department of Environmental Quality(DEQ),and U.S.Army Corps of Engineers (USACE) Portland District for this project. A Joint Permit Application (IPA) was submitted in February 2026. No work will occur until the JPA is approved. This policy is met. Policy 4 The City shall protect, restore, and enhance, to the extent practical, the natural functions of stream corridors,trees, and water resources for their positive contribution to water quality. FINDING:As described within the applicant's ESEE analysis (Attachment 3) and the CWS standard site assessment (Exhibit 3), the applicant is incorporating mitigation measures to ensure the replacement of the functions and values of impacted resources. The project will restore natural resource functions that are currently impaired by erosion, sedimentation, shrub and tree loss, and invasive species.The applicant has designed the project to avoid and minimize impacts to significant STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 12 OF 26 wetlands and vegetated corridor areas to the maximum extent practicable. Any trees and vegetation removed within sensitive lands areas or street trees will be appropriately replaced. This policy is met with the following condition of approval: • Prior to commencing any site work,the applicant must submit a tree removal permit for all street trees and native trees in sensitive lands areas. As conditioned,this policy is met. Goal 7:Areas Subject to Natural Hazards Goal 7.1 Protect people and property from flood,landslide, earthquake,wildfire,and severe weather hazards. Policy 4 The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. FINDING: The proposed project supports this by policy by stabilizing the foundation of the existing bridge and replacing the guardrail. This will create a more viable and reliable emergency response route for all users.This policy is met. Policy 8 The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. FINDING: Consistent with this policy, the project has been designed to meet FEMA no-rise requirements,as identified in the no-rise analysis (Exhibit 2) included with this application.This policy is met. Policy 10 The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and, where possible,find ways to restore and enhance these areas. FINDING:The applicant has coordinated the proposed project with Clean Water Services (CWS).The applicant submitted a standard site assessment(Exhibit 3) to CWS,which has issued a Service Provider Letter(SPL26-001070).As described within the standard site assessment and ESEE analysis (Attachment 3),the applicant has carefully designed the project to avoid and minimize impacts to significant wetlands and vegetated corridor areas to the maximum extent practicable and is incorporating mitigation measures to ensure the replacement of the functions and values of impacted resources.The applicant proposes to provide 15,659 total square feet of mitigation,including restoration of on-site wetlands and off-site upland and vegetated corridor.This policy is met. Policy 13 The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 13 OF 26 FINDING:Landside potential does exist within the project area,especially on the north bank of Summer Creek. This project will restore and enhance riparian areas on both the north and south sides of Summer Creek, to include planting of 97 native trees, 1,226 native shrubs, and 100 native wetland plants.This policy is met. Policy 14 The City shall work to reduce the risk of loss of life and damage to property from severe weather events. FINDING:The proposed project supports this policy by repairing the guardrail of an existing bridge that is at risk of failure due to its foundation being exposed by erosion, securing public utility infrastructure, and stabilizing the stream bank.The foundation supports for the driveway to the property to the north at 11740 SW 121st Avenue are currently less than 18" from the drop-off due to erosion from high flow events over the years. The stabilization of the bank will lower the risk of further property loss to the subject property and the adjacent property. This policy is met. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policy 1 The City shall design,construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. FINDING:The proposed project supports this policy by stabilizing the foundation of the existing bridge and replacing the failing guardrail.These improvements will provide safer conditions for vehicles,cyclists and pedestrians, create a more reliable emergency response route, and therefore reduce risks to life and property.This policy is met. Goal 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development,water resources,and wildlife habitat. Policy 1 The City shall require that all new development: A. construct the appropriate stormwater facilities or ensure construction by paying their fair share of the cost; B. comply with adopted plans and standards for stormwater management; and C. meet or exceed regional, state, and federal standards for water quality and flood protection FINDING: The applicant is proposing to replace a broken stormwater outfall and stabilize the surrounding bank to secure both the outfall and nearby sanitary sewer manholes, which are currently being repeatedly exposed to stormwater.The proposed improvements will meet CWS requirements for stormwater treatment and detention for the project area and will meet or exceed regional, state, and federal standards.This policy is met. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABJI.I7ATION PAGE 14 OF 26 Policy 6 The City shall maintain streams and wetlands in their natural state, to the extent necessary,to protect their stormwater conveyance and treatment functions. FINDING:The project's design will require impacts to significant wetlands and vegetated corridor areas. However,the project will incorporate mitigation measures to assure the replacement of the functions and values of the impacted resources, as described in greater detail within the applicant's ESEE analysis (Attachment 3) and the CWS standard site assessment(Exhibit 3).This policy is met. Goal 11.4 Maintain adequate public facilities and services to meet the health,safety,education, and leisure needs of all Tigard residents. Policy 2 The City shall continue to develop and maintain a Capital Improvement Plan to help provide for the orderly provision of public facilities and services. FINDING:The proposed project has been identified on the Tigard Capital Improvement Plan(CIP) as project #94057. The infrastructure needs identified through the CIP are necessary for the orderly provision of public facilities and services,and are critical to the economy of Tigard and the region. The proposed project supports this policy by delivering a project identified on the City's CIP. This policy is met. Chapter 12:Transportation Goal 12.1 Provide a safe, comfortable, and connected transportation system for all users, especially pedestrians and other vulnerable users. Policy 1 The City shall prioritize transportation projects according to community benefit, including (but not limited to) safety, performance, and accessibility, as well as the associated costs and impacts. FINDING: The proposal delivers a transportation project identified on the city's CIP that provides numerous community benefits.The project was identified on the CIP as being critical to the economy of Tigard by maintaining safe access to jobs,schools,and essential services.This policy is met. Goal 12.5 Support economic vibrancy by accommodating the movement of people and goods and creating equitable opportunities for economic development throughout Tigard. Policy 1 The City shall manage the transportation system to support desired economic development activities. FINDING: The project improves Tigard's transportation system by stabilizing infrastructure critical to Tigard's livability and economic vitality. The importance of the SW 121s`Avenue bridge's stabilization and guardrail replacement is evident through its identification on Tigard's CIP.The infrastructure needs identified through the CIP are critical to the economy of Tigard and the overall region by accommodating the safe and efficient movement of people and goods.This policy is met. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 15 OF 26 Goal 12.6 Make the most of transportation resources by leveraging funding opportunities,not overbuilding our system,and making investments that reduce ongoing system maintenance and preservation costs. Policy 1 The City shall prioritize investments in maintenance of the entire transportation system, including both roadway and nonmotorized facilities. FINDING:The project supports this policy by leveraging local funding to deliver a critical infrastructure project as identified on the CIP.The project will save the City money operating costs over time,because there will be reduced maintenance. The proposed work will directly minimize damage to the publicly funded sanitary sewer system,stormwater system,and will mitigate costly damage to the SW 121st Avenue Bridge,a vital component of the City's transportation system.This policy is met. CONCLUSION: As shown in the analysis above, the proposal complies with all applicable policies of the Tigard Comprehensive Plan. 18.140 PARKS AND RECREATION ZONE 18.140.030 Other Zoning Regulations Sites with overlay zones,plan districts, inventoried hazards, or sensitive lands are subject to additional regulations. Specific uses or developments may also be subject to regulations as provided elsewhere in this title. FINDING: The project area contains sensitive lands that are proposed to be impacted by the proposed improvements, including significant wetlands, floodplain, and vegetated corridors. The applicable provisions of Chapter 18.510 Sensitive Lands are addressed later in this report. 18.140.040 Land Use Standards A. General provisions.A list of allowed,restricted, conditional, and prohibited uses in the PR zone is provided in Table 18.140.1. If a use category is not listed, see Section 18.60.030. FINDING: The proposed project will primarily occur within existing right-of-way associated with SW 121"Ave. The stormwater facility is a Basic Utility use, and as an underground public utility facility, is allowed.No development standards apply to the bridge repair or stormwater facility. 18.510 SENSITIVE LANDS 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection permit from CWS in compliance with its design and construction standards. FINDING: The applicant submitted a standard site assessment to CWS and a Service Provider Letter (CWS File No. 26-001070) was issued. The applicant will obtain the necessary stormwater connection permit This standard is met. G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areas are processed through a Type III-HO procedure, as provided in Section 18.710.070, for the following actions: STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 16 OF 26 a. Ground disturbance or landform alterations in all floodway areas; b. Ground disturbance 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 that are greater than 528 square feet in size, outside of floodway areas. 2. The approval authority will approve, approve with conditions,or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. FINDING:The proposal includes ground disturbance in the floodway area. In accordance with TDC 18.710.090, this application is being reviewed through a Type III-Modified process with the Tigard City Council as the final review authority as the proposal also includes a request to remove a significant wetland designation.The approval criteria in Section 18.510.070 are addressed later in this report. 18.510.050 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 a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland,as provided in"Table 3.1,Vegetated Corridor Widths," and"Appendix C,Natural Resource Assessments,"of the CWS"Design and Construction Standards."Wetland locations may include but are not limited to those areas identified as wetlands in"Wetland Inventory and Assessment for the City of Tigard,Oregon,"Fishman Environmental Services, 1994. FINDING: The project area contains two wetlands and a stream, Wetlands A and B, and Summer Creek, as described in Exhibit 1,Appendix E. Both wetlands are identified as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map", however only one wetland area will be impacted by the proposed work. The boundaries of these wetlands include vegetated corridors as specified in CWS Design and Construction Standards.The boundaries have been field verified by the applicant's engineering consultant,WSP USA, Inc. B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary.Wetland delineation will be done by qualified professionals at the applicant's expense. FINDING: A wetland delineation was provided by the applicant and is included as Appendix E of Exhibit 1. The wetland delineation was prepared by a team of qualified professionals, including wetland scientists and ecologists. 18.510.070 Sensitive Lands Applications. A. Approval required.An applicant,who wishes to develop within a sensitive area,as defined in this chapter, must obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area,either a Type II or Type III review STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 17 OF 26 is required, as provided in Subsections 18.510.020.F and G. The approval criteria for different types of sensitive areas are provided in Subsections 18.510.070.B—E. FINDING: The proposal includes ground disturbance in the floodway area, significant wetlands, Summer Creek,and the associated vegetated corridors;therefore a Type III review is required. B. Within the special flood hazard area. The approval authority will approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; FINDING:The project complies with the applicable requirements of this title as provided below. 2. Land form alterations must preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway must 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; a. If in the floodway and no-rise requirement is met, the development will comply with all applicable flood hazard reduction provisions. FINDING: Due to the extent of regulated floodway along Summer Creek, the bridge stabilization and associated improvements will be located within the floodway.All such structures have been sited and designed to meet no-rise certification. Documentation of compliance has been certified by a registered professional engineer and is included in a no-rise report submitted with the application (Exhibit 2). The project will comply with all applicable flood hazard reduction provisions. These standards are met. 3. Land form alterations or developments within the special flood hazard area are allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities are allowed on residentially zoned properties subject to applicable zoning standards; FINDING: The proposed land form alterations,including the grading to stabilize the bank,are located within the special flood hazard area (100-year floodplain) in an area zoned Parks and Recreation (PR). The proposed bank stabilization and bridge improvements are considered "public support facilities" because they are necessary to support development,the transportation network,and the general operation of the city.This standard is met. 4. Where a landform alteration or development is allowed to occur within the special flood hazard area it will not result in any increase in the water surface elevation of the 100-year flood; STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 18 OF 26 FINDING: All proposed improvements in the flood hazard area have been designed to avoid any increase in the surface elevation of the 100-year flood, as detailed in the project's no-rise report (Exhibit 2). This standard is met. 5. The land form alteration or development plan includes a pedestrian or bicycle pathway in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan,unless the construction of said pathway is deemed as untimely; FINDING:The project does not include a pedestrian or bicycle pathway project,nor is one included in this area in the Transportation System Plan.This standard does not apply. 6. Pedestrian or bicycle pathway projects within the special flood hazard area must include a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; FINDING:The project does not include a pedestrian or bicycle pathway project.This standard does not apply. 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals must be obtained; and FINDING: The applicant will obtain the necessary permits from CWS,DSL,and the U.S. At,uy Corps of Engineers as required.The applicant submitted a standard site assessment(Exhibit 3) to CWS and was issued a Service Provider Letter, CWS File No. 26-001070. The applicant has submitted a Joint Permit Application (JPA) to USAGE and DSL for proposed disturbances to jurisdictional waters and wetlands located within the project area.This standard is met 8. Where landform alterations or development are allowed within and adjacent to the special flood hazard area, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area must include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard area in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan. FINDING: The proposed landform alterations within the special flood hazard area,which include a bank stabilization and a replacement guardrail have been designed in compliance with the City's Transportation System Plan. No trails are identified on the City's Trail System Master Plan that fall within the project area.As such, additional dedication of lands within the special flood hazard area is unnecessary. This standard is met. 18.510.080 Special Provisions within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the 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) STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 19 OF 26 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 or approved in compliance with Section 18.510.100. FINDING: The subject property includes wetlands that are identified as significant wetlands on the City of Tigard'Wetlands and Stream Corridors"map and are,therefore,protected.The applicant has applied for the Plan Amendment Option in Section 18.510.100 to remove Goal 5 protections from 1,331 square feet (0.03 acre) of significant wetlands to allow the proposed bridge improvements. 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. 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads,pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the city in compliance with Section 18.510.070 and by CWS "Design and Construction Standards"; b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer, water,phone,gas, cable, etc.),if approved by the city and CWS; c. A pedestrian or bike path,not exceeding 10 feet in width and in compliance with the CWS "Design and Construction Standards"; d. Grading for the purpose of enhancing the vegetated corridor,as approved by the city and CWS; e. Measures to remove or abate hazards,nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the city and CWS; g. Measures to repair, maintain, alter,remove, add to, or replace existing structures, roadways, driveways,utilities, accessory uses, or other developments provided they are in compliance 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." FINDING:The project is not adjacent to or within the Tualatin River,Fanno Creek,Ball Creek, or the South Fork of Ash Creek.This standard does not apply. 18.510.100 Plan Amendment Option A. Comprehensive plan amendment.Any owner of property affected by the Goal 5 safeharbor(1) protection of significant wetlands or(2) vegetated areas established for the Tualatin River,Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a comprehensive plan amendment as provided in Chapter 18.790,Text and Map Amendments. This amendment must be based on a specific development proposal. The STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 20 OF 26 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 must demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040. FINDING: The applicant has chosen to demonstrate the amendment is justified through an ESEE analysis,rather than a demonstration that the wetlands are not significant. The applicant submitted an ESEE analysis dated March 2026 (Attachment 3) prepared in compliance with OAR 60-23-040,to justify removal of Goal 5 protection from approximately 1,331 square feet(0.03 acre) of significant wetlands and associated vegetated corridor. 1. The analysis must 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 Planning Area; FINDING: As described in the ESEE analysis (Attachment 3), the applicant has considered the consequences of allowing the proposed conflicting use,in this case the proposed bridge and stormwater outfall repair and bank stabilization,and has considered the impacts on the specific resource site as well as other comparable sites within Tigard. As described in the applicant's analysis, the consequences of allowing the proposed conflicting use provide a net positive benefit by repairing and securing public infrastructure and protecting the adjacent private property by stabilizing the eroding bank. Since the proposal is specific to stabilizing the existing bank and repairing the existing bridge, there are no comparable sites within the Tigard Planning Area that can provide an alternative site with fewer impacts. This standard is met. 2. The ESEE analysis must demonstrate to the satisfaction of the 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; FINDING:The ESEE analysis provided by the applicant demonstrates that the economic consequences of not allowing the conflicting use would be negative. As stated in the analysis, allowing the project to move forward will decrease the city's liability in the event of a motor vehicle crash impacting the guardrail on the northbound side of the bridge since the guardrail will be replaced along with secure concrete footers. Additionally, the project will decrease the city's liability for damages incurred involving the property located directly north of the bridge at 11740 SW 121st Avenue related to the driveway, motor vehicles parked in the driveway, or the fence and home, all of which are located near the north creek bank. Lastly, the proposed project includes the replacement of a broken stormwater outfall and stabilization of the creek bank around the two sanitary sewer manholes on the south creek bank, protecting critical utilities from further deterioration and preventing costly future repairs in the event of failure. For these reasons, prohibiting the conflicting use would result in negative economic consequences from impacts to the utilities, adjacent property, and additional expenses for repair and maintenance to the existing structure, which will continue to deteriorate should it not be replaced. This standard is met. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 21 OF 26 3. The ESEE analysis must 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; FINDING: A qualified team consisting of land use planners, wetland scientists, and ecologists, all qualified in their respective fields with experience compiling such analyses,prepared the ESEE analysis submitted with this application as Exhibit C.This standard is met. 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map"be amended to remove the site from the inventory. FINDING: On approval of this request, the ESEE analysis will be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" will be amended to remove protection from the subject portion of the site from the inventory. 18.790 TEXT AND MAP AMENDMENTS A. Approval process. 2. A quasi-judicial comprehensive plan map amendment application is processed through a Type III-Modified procedure, as provided in Section 18.710.090,which is decided by the City Council with a recommendation by Planning Commission. FINDING: The applicant is proposing to impact sensitive lands, including significant wetlands, Summer Creek, and the associated vegetated corridors to allow the bank stabilization to support the existing bridge and associated improvements. Per Section 18.510.100, this protection can only be removed through a comprehensive plan map amendment. As such, this application is being reviewed through the Type III-Modified procedure. B. Approval criteria.A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment will be based on the following: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; and FINDING: The proposal demonstrates compliance with all applicable comprehensive plan policies and map designations,as described above. 2. Demonstration that adequate public services exist to serve the property at the intensity of proposed zoning. Factors to consider include the projected service demands of the property, the ability of the existing and proposed public services to accommodate the future use, and the characteristics of the property and development proposal,if any. FINDING: The proposed project will stabilize and repair the existing SW 12151 Avenue Bridge over Summer Creek.Associated improvements are also proposed within the project area,including extension of the wingwalls and replacement of the guardrail and stormwater outfall.Rather than increasing demand STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 22 OF 26 on public facilities, the proposed project is replacing and improving existing public facilities in order to meet current public demand.The proposed amendments to the comprehensive plan in order to remove the "significant" designation from wetlands and vegetated corridor areas impacted by the project will have minimal impact on public services or demand for public services.This criterion is met. CONCLUSION: This proposal meets all applicable standards and criteria of the Tigard Community Development Code. ADDITIONAL CITY OR AGENCY COMMENTS: The proposal is for the emergency repair of guardrail,wingwalls,and stormwater outfall on the SW 121' Ave Bridge,and the stabilization of the north and south banks of Summer Creek,to include the shoring of the creek bank immediately below the driveway at 11740 SW 121s`Avenue. The scope of this work is classified as a maintenance and repair project,so improvements associated with development are not required,however the following conditions of approval are required: • Repairs associated with public infrastructure including utilities and grading must be designed in accordance with the following codes and standards: o City of Tigard Public Improvement Design Standards o Clean Water Services (CWS) Design and Construction Standards o City of Tigard Community Development Codes and Municipal Codes o Other applicable County,State,and Federal Codes and Standard Guidelines • Prior to commencing any site work, the applicant must obtain approval of a Public Facility Improvement(PFI) Permit to cover improvements associated with public infrastructure work or any other work in the public right-of-way, and an Erosion and Sediment Control (ESC) Permit. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street,grading,and utilities are required at the time of permit submittal. • Prior to commencing any site work,the applicant must submit the exact legal name,address,and telephone number of the individual or corporate entity who will be designated as the"Permittee", and who will provide the financial assurance for the public improvements. Specify if the entity is a corporation,limited partnership,LLC,etc. and the state within which the entity is incorporated and provide the name of the corporate contact person. • Prior to commencing any site work,the applicant must submit a construction vehicle access and parking plan for approval. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. Parking construction vehicles or equipment on adjacent residential public streets is prohibited. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. • Prior to commencing any site work, the applicant must obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit.The applicant must submit site plans and a final storm drainage report for approval indicating how run-off will be collected and conveyed. The storm drainage report must be prepared and include a maintenance plan in STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 23 OF 26 accordance with CWS Design and Construction Standards and the City of Tigard Standards.The City will forward plans and the storm drainage report to CWS after preliminary review for CWS's review and approval. • Prior to final acceptance, the applicant must complete all improvements associated with public infrastructure under the City and CWS jurisdiction. Public infrastructure includes,but is not limited to, street improvements and public stormwater facilities.The applicant must receive conditional acceptance from the City of Tigard. • Prior to final acceptance, the applicant must submit a two years of maintenance assurance for all required public improvements and enter into a stormwater maintenance agreement with the City. Through conditions of approval,these standards are met. Grading and Erosion Control: The City of Tigard and Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Prior to commencing any site work, the applicant must obtain an Erosion and Sediment Control (ESC) Permit through the city of Tigard. The plan must comply to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. The area of disturbance is less than one acre. The following conditions of approval are required to meet this standard: • Prior to commencing any site work, the applicant must submit for an Erosion & Sediment Control (ESC) Permit. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). • Prior to commencing any site work, the applicant must submit a final grading plan showing the existing and proposed contours for approval. The plan must detail the provisions for surface drainage of all lots and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The design engineer must indicate areas that will have natural slopes between 10 percent and 20 percent, as well as areas that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections or permits will be necessary. Through the conditions of approval,this standard is met. SECTION VII. OTHER STAFF COMMENTS The following City of Tigard staff were sent a copy of the proposal: • Development Engineering • Public Works STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 24 OF 26 • Transportation Planning • Police Department Comments from Development Engineering have been incorporated throughout this report and are also provided in Attachment 3.No other comments were received from other staff. SECTION VIII. AGENCY COMMENTS Clean Water Services issued a Service Provider Letter (CWS file 26-001070) for this proposal on June 5, 2026, and determined that this project will significantly impact the existing or potentially sensitive area(s) found near the site.The agency also submitted written comments,dated July 21,2026,requesting a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization. This request has been incorporated into the conditions of approval. The City of Tigard and CWS have an intergovernmental agreement stating that the City will ensure implementation of CWS Design and Construction Standards;therefore,this approval is conditioned to satisfy CWS requirements. SECTION IX. ANALYSIS, CONCLUSION,AND RECOMMENDATION ANALYSIS: As shown in the analysis above, the applicant's ESEE analysis addresses the requirements of the Tigard Development Code, Chapter 18.510 Sensitive Lands. The subject property contains locally significant wetlands and vegetated corridors protected under Goal 5 safe harbor. The applicant has applied for a quasi-judicial comprehensive plan map amendment under a Type III-Modified procedure. The application is based on a specific development of repairs to the SW 121" Avenue bridge, bank stabilization,and utility repair.The applicant has demonstrated that such an amendment is justified by an ESEE analysis consistent with OAR 660-23-040. The ESEE analysis concludes that allowing the conflicting use to the bridge repairs, utilities, and bank stabilization would result in the most positive consequences of the decision options.A decision to allow the conflicting use will avoid many of the negative consequences attributed to either limiting or prohibiting the conflicting uses. Through the application of development standards to conflicting uses, the impacts on the significant wetland can be further minimized,and the remaining resource and off-site resource areas can be enhanced. There will be a relatively high level of economic, social, environmental and energy benefits achieved.Allowing the conflicting use offers the most benefit to the wetland(through restoration and enhancement) and to the community (safer utility and transportation infrastructure) and it strikes a balance between conflicting uses and the city's goals. CONCLUSION As demonstrated by the findings above,the Planning Commission finds,by a 7-0 vote in favor,that the proposed comprehensive plan map amendment and sensitive lands review comply with the applicable Statewide Planning Goals, applicable regional, state, and federal regulations, the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. The Planning Commission recommends approval to the Tigard City Council of the proposed comprehensive plan map amendment and sensitive lands review. STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 25 OF 26 /s/Jenny McGinnis August 5, 2026 PREPARED BY: Jenny McGinnis Associate Planner /s/Schuyler Warren August 5,2026 APPROVED BY: Schuyler Warren Assistant Community Development Director RECOMMENDED: THE 3RD DAY OF AUGUST 2026 BY THE CITY OF TIGARD PLANNING COMMISSION. Nathan Jackson,Planning Commission President Dated this 6 day of August 2026. Attachments: Attachment 1: Site Plan Attachment 2:Plan Set Attachment 3:ESEE Analysis Attachment 4:Agency Comments Attachment 5:Public Comments STAFF RECOMMENDATION CMA2026-0001 /C-SLR2026-0001 SUMMER CREEK BRIDGE STABILIZATION PAGE 26 OF 26 t 1 r ' `_ EXHIBIT C b dY s / ' 4'• VI r A j., ,. 1 • -,� _ - ti. i4`r 1 4' 114 .‘ - . , .,,,„..4 .4 ,..Air-1.7,c ' II Jy li . 4. :1� • r ys* APPENDIX G: SW 121"AVENUE BRIDGE AND BANK STABILIZATION ECONOMIC,SOCIAL,ENVIRONMENTAL,AND ENERGY(ESEE)ANALYSIS PREPARED BY: MATT BOWLING,AICP I PROJECT MANAGER MENVSCI,MHP,MHIST,GCWATERCoNMGMT CITY OF TIGARD I ENGINEERING DIRECT: 503-718-2479 I CELL: 971-514-8640 MATT.BOWLING@TIGARD-OR.GOV CITigard Public Works TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 3 1.1 SOUTH BANK—WETLANDS 3 1.2 SUMMER CREEK—WATERWAY 4 1.3 NORTH BANK—VEGETATED CORRIDOR 4 1.4 CONSTRUCTION RELATED IMPACTS(TEMPORARY) 4 2. KEY FINDINGS 4 3. PROJECT OVERVIEW 5 3.1 BACKGROUND 5 • 3.2 PROJECT DESCRIPTION 5 3.3 SOUTH BANK—WETLANDS 5 3.4 SUMMER CREEK—WATERWAY 6 3.5 NORTH BANK—VEGETATED CORRIDOR 6 4. ECONOMIC,SOCIAL,ENVIRONMENTAL,AND ENERGY(ESEE)ANALYSIS 11 4.1 IDENTIFY CONFLICTING LAND USES 12 4.2 DETERMINE THE IMPACT AREA 13 4.3 ANALYZE THE ESEE CONSEQUENCES 14 4.4 DEVELOP A PROGRAM TO ACHIEVE GOAL 5 23 LIST OF FIGURES FIGURE 1: PROPOSED SITE PLAN 7 FIGURE 2: PROPOSED SITE PLAN CROPPED TO SHOW IMPACTED WETLAND 8 FIGURE 3: PROPOSED SITE PLAN CROPPED TO SHOW IMPACTED WATERWAY 9 FIGURE 4: PROPOSED SITE PLAN CROPPED TO SHOW IMPACTED VEG.CORRIDOR 10 APPENDICES APPENDIX A: JUNE 2025 WETLANDS DELINEATION,WSP USA,INC. • Tigard �,. Public Works qn4 is'•�i -i.•.. 1. EXECUTIVE SUMMARY The City of Tigard Department of Public Works is seeking a Comprehensive Plan Map Amendment to allow for the emergency repair of the guardrail,wingwalls,and stormwater outfall on the east side of the SW 121st Avenue Bridge,and the stabilization of the north and south banks of Summer Creek,to include the shoring of the creek bank immediately below the driveway at 11740 SW 121st Avenue and the road guardrail foundations on the SW 121st Avenue Bridge. The requested amendment would result in 0.010 acres (445.95 Sq. Ft.) of wetlands and 0.020 acres (884.49 Sq.Ft.)of vegetated corridor being removed from the Comprehensive Plan Map on the east side of the SW 121'Avenue Bridge. Once work is completed, the impacted wetland and vegetated corridor will be re-established with native species. All permanent impacts from the proposed work will be on the east side of the SW 121st Avenue Bridge. Temporary,construction related,impacts will be mitigated through the use of best practices promulgated by Clean Water Services (CWS), the Oregon Department of State Lands (DSL), and the Oregon Department of Environmental Quality (DEQ). Approximately 97 native trees, 1,226 native shrubs, and 100 native wetland plants (sedges, rushes, grasses) will be planted throughout the project area once construction is completed. These plantings will be done at the ratios and to the specifications required by CWS. 1.1 South Bank- Wetlands Approximately 0.010 acres (445.95 Sq. Ft.) of locally significant wetlands on the south side of Summer Creek will be impacted by the proposed work. These wetlands have been delineated on the as delineated on the City of Tigard Wetlands&Stream Corridors Map.t The proposed work, impacting these wetlands, includes the shoring of the road guardrail foundations on the SW 121 St Bridge, the extension of the existing concrete wingwall by seven feet, the installation of riprap stones and geocells in and around the exposed sanitary sewer manholes, and the replanting of wetlands plants. The herbaceous vegetation in these wetlands is "dominated by bird's-foot trefoil (Lotus corniculatus) and reed canarygrass (Phalaris arundinacea)."2 Both bird's foot trefoil and reed canarygrass are invasive species that outcompete natives, their predominance within the subject wetland area, highlight the wetlands' degraded condition. A full wetlands delineation, for the entire project area, was completed in June 2025 and can be found in Appendix A: June 2025 Wetlands Delineation. Once work is completed,the impacted wetland will be restored with native plants.All replanting will be done to the standards set forth by CWS, which are widely regarded as industry best practices.In simple terms,the wetland will be left better than it was found because of this project. 1 City of Tigard,Oregon, Wetlands&Stream Corridors: City of Tigard, Oregon,accessed 24Mar2026.Link. 2 Larsson,Ingrid and Feltus,Hallie, Wetland and Other Waters Delineation Report:Summer Creek Bank Stabilization Assessment and Design,WSP USA,Inc.,June 2025,Page 4. . Tigard Public Works 1.2 Summer Creek- Waterway Approximately 0.068 acres (2965.25 Sq. Ft.) of Summer Creek, below the ordinary high water mark(OHWM), in the waterway,will be impacted with the installation of extended culvert wing walls, riprap stone, washed stone, root wads, and macrophyte plants. Because this work occurs below the OHWM, it is not subject to the requested Comprehensive Plan Map Amendment and Economic, Social, Environmental, and Energy (ESEE) analysis. This information is included here for the reader's situational awareness of the overall project's full scope. 1.3 North Bank— Vegetated Corridor Approximately 0.020 acres (884.49 Sq. Ft.) of vegetated corridor on the north side of Summer Creek will be impacted with the installation of riprap stone, geocells, trees, and riparian plants; and the replacement of a broken stormwater line (from the roadway) with a new one. Invasive species in this area will be removed. The vegetated corridor will be enhanced and re-established with native species once work is completed. All replanting will be done to the specifications required by Clean Water Services. 1.4 Construction Related Impacts (Temporary) Temporary, construction related, impacts will occur on the west side of the SW 12l Avenue Bridge, in the waterway, for re-routing water during in-water work periods from July to September. These impacts will be mitigated through the use of best practices promulgated by Clean Water Services (CWS), Oregon Department of State Lands (DSL), and the Oregon Department of Environmental Quality (DEQ). Throughout the project area, it is estimated that approximately 97 native trees, 1,226 native shrubs,and 100 native wetland plants(sedges,rushes, grasses)will be planted once construction is completed. This restoration will replace the invasive plants and shrubs that are removed as part of this project,and the eight trees that will be removed on the north bank. 2. KEY FINDINGS The ESEE analysis that follows demonstrates that the positive economic, social, environmental, and energy outcomes of removing the Statewide Planning Goal 5 protections from the subject 0.010 acres of wetlands on the south creek bank and the 0.020 acres of vegetated corridor on the north bank outweigh maintaining the status quo protections for these areas and not allowing the bridge and bank stabilization work to occur. T' CITY and • r W f<' ' ..`-� vY�r 'Lr A• * !r rDi * e �'���nl.� raw -! '' j 3. PROJECT OVERVIEW 3.1 Background This project was brought to the City's attention by concerned residents. The property owners at 11740 SW 121st Avenue contacted the City Tigard, concerned with the erosion that they were witnessing(over the course of years)on the south side of their property,where it borders Summer Creek. The City of Tigard Department of Public Works investigated and found the driveway at 11740 SW 121St Avenue to be at risk. Erosion of the creek bank was exposing the driveway retaining wall foundation. Both creekbanks (north and south) were witnessed to be severely eroded. As a result,the City included this project with its adopted Capital Improvement Project Budget FY2025-2026 (Stormwater Capital Improvement Plan #94057), with the goal of providing bank stabilization and mitigating the erosion. In 2025, the City contracted with WSP USA, Inc. (WSP) to conduct due diligence, including a wetland delineation, in the vicinity of the SW 121st Avenue Bridge. As part of the due diligence process,WSP found additional, significant, concerns. First,the erosion, caused by high volume, high velocity stormwater flows,was not limited to the creek banks. Eddies form near the bridge culvert wingwalls during high flow events and cause the road guardrail foundations to become exposed. The earth surrounding the road guardrail concrete footers was eroding away with each stormwater event. In addition, WSP found that the stormwater outfall, leading from SW 121st Avenue down from the roadway into Summer Creek, was broken, leading to water infiltrating behind the retaining wall supporting the driveway at 11740 SW 121st Avenue. In order to address these challenges, the following nine work items described in Section 3.3, 3.4, and 3.5 are being proposed as a part of this project. 3.2 Project Description There are nine work items proposed by the City of Tigard Department of Public Works Engineering Division. Each of these work items were carefully designed and vetted to (1) mitigate the adverse effects of erosion in the vicinity of the east side of the SW 121' Avenue Bridge and (2) enhance the environmental conditions of the area once work is completed (i.e. leave it in better environmental condition than it was found in). All of the proposed work will be completed in full accordance with the Clean Water Services (CWS) Design and Construction Standards, and the requirements specified by the Oregon Department of State Lands (DSL),the Oregon Department of Environmental Quality (DEQ), and the U.S. Army Corps of Engineers (USACE). 3.3 South Bank— Wetlands—0.010 acres (445.95 Sq. Ft.) 1. Shoring of the road guardrail foundations on the SW 121' Bridge. Replacement of the deteriorated road guardrails as required. 2. Installation of riprap stones and geocells in and around the exposed sanitary sewer manholes. • Tigard Public Works 3. Replanting of native wetlands plants and establishment of geocell vegetated upper slope. 3.4 Summer Creek— Waterway—0.068 acres (2965.25 Sq. Ft.)* 4. Extension of the existing concrete wingwall on the south side by seven feet. Extension of the existing concrete wingwall on the north side by six feet. 5. Cleaning of both the south and north bridge culverts of all sediment and debris. 6. Placement of native stone riffle breaks in the waterway. Root wads (six feet diameter) placed downstream. Macrophytes established as required(CWS, DSL,DEQ,USACE). *Because this work occurs below the OHWM, it is not subject to the requested Comprehensive Plan Map Amendment and Economic, Social, Environmental, and Energy(ESEE) analysis. This information is included here for the reader's situational awareness of the overall project's full scope. 3.5 North Bank— Vegetated Corridor—0.020 acres (884.49 Sq. Ft.) 7. Replacement broken stormwater line(from roadway)and outfall with new. Reposition to ensure that stormwater flows are directed away from the wing wall. 8. Secure north bank with riprap stones. 9. Establish geocell vegetated upper slope. Six trees on the north creek bank will be removed as a part of this project. In addition,all invasive species within the project area are to be removed. 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I — 6r, ,.+�% ttj /.1. — p - „_,'-",i4;11. tw, .:v ,..,,, �' °.1 � 1 �® � 0 7" E: -7....' i ,:.:::,',ift, 440V0.30-/-70/APAV JE D a © ! . _ CO y ., w . p.'J-10).- 1 :.7..... , . •'y 4. ECONOMIC,SOCIAL,ENVIRONMENTAL,AND ENERGY(ESEE)ANALYSIS A portion of the proposed project is located in area delineated on the City of Tigard Wetlands and Steam Corridors Map (September 2025) as a Significant Wetland and another portion of the proposed project area is a designated vegetated corridor.3 These designations were afforded to these areas pursuant to Statewide Planning Goal 5: Natural Resources, Scenic &Historic Areas, and Open Spaces (Statewide Planning Goal 5). Because the proposed work impacts a designated wetland and vegetated corridor, it represents a conflicting use and, as such, the applicant, in this instance the City of Tigard Department Public Works, Engineering Division, is seeking to remove the protections from the 0.010 acres (445.95 Sq.Ft.)of wetlands and the 0.020 acres(884.49 Sq. Ft.)of vegetated corridor through the completion of an economic, social, environmental,and energy(ESEE)analysis. Completion of an ESEE analysis is one of two ways specified in the City of Tigard Municipal Code to achieve the Comprehensive Plan Map Amendment required to address the conflicting use described above.The other avenue being a demonstration of change,which would require the applicant to provide evidence as to why delineated wetlands and vegetated corridor no longer meet the significance criteria in Statewide Planning Goal 5, when considered relative to similar environmental resources in the City of Tigard.4 With regard to the demonstration of change,the City of Tigard Department of Public Works, Engineering Division makes no such assertion and opts instead to complete the ESEE analysis based on the specific development proposal described above. The State of Oregon developed the ESEE process to assist local governments with implementing Statewide Planning Goal 5: Natural Resources, Scenic & Historic Areas, and Open Spaces. Oregon Administrative Rules (OAR) §660-023-0040 ESEE Decision Process requires that local governments complete following steps (not required to be completed in numerical order)when completing the ESEE process:5 1. Identify Conflicting Land Uses; 2. Determine the Impact Area; 3. Analyze the ESEE Consequences; and 4. Develop a Program to Achieve Goal 5. These steps are examined in detail in the analysis the follows, which will weigh the positives and negatives consequences associated with allowance of, or denial of, the proposed Comprehensive Plan Map Amendment. In this instance, the conflicting use described above, which would remove map protections for the 0.010 acres (445.95 Sq. Ft.)of wetlands and 0.020 acres (884.49 Sq. Ft.)of vegetated corridor, and allow for bridge and bank stabilization work to occur. 3 City of Tigard,Oregon, Wetlands&Stream Corridors: City of Tigard, Oregon,accessed 24Mar2026.Link. City of Tigard,Oregon,Plan Amendment Option,accessed 30Mar2026.Link. 5 Oregon Secretary of State, Oregon Administrative Rules:ESEE Decision Process, accessed 24Mar2026.Link. • Tigar d d�___ K, Public Works t .1.— ., v 1 4.1 Identify Conflicting Land Uses (OAR§660-023-0040.2 a-b) (2) Identify conflicting uses, local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. The following shall also apply in the identification of conflicting uses: (a) If no uses conflict with a significant resource site, acknowledged policies and land use regulations may be considered sufficient to protect the resource site. The determination that there are no conflicting uses must be based on the applicable zoning rather than ownership of the site. (Therefore, public ownership of a site does not by itself support a conclusion that there are no conflicting uses). (b) A local government may determine that one or more significant Goal 5 resource sites are conflicting uses with another significant resource site. The local government shall determine the level of protection for each significant site using the ESEE process and/or the requirements in OAR 660-023-0090 through 660- 023-0230(see 660-023-0020(1)). RESPONSE The entire project area is publicly owned, and the City is not proposing a change in the site's underlying zone (Parks and Recreation District), nor a deviation from the site's current use. However,the City is proposing a change to two areas within the site that are currently delineated on the City of Tigard Wetlands and Steam Corridor Map. The City is seeking to remove protections from the 0.010 acres(445.95 Sq.Ft.)of wetlands and the 0.020 acres(884.49 Sq.Ft.) of vegetated corridor. These changes will be permanent in that they will remove protection from these two areas (i.e. they will be removed from the City of Tigard Wetlands and Stream Corridor Map through a Comprehensive Plan Map Amendment). As such, it is this aspect of the City's proposal that presents the Conflicting Use. The City is making this request in order to provide permanent stabilization to the eroding creek banks and the SW 121 st Avenue Bridge, and to fix a broken stormwater outfall leading from SW 121'Avenue to the creek. This proposed action requires a ESEE analysis to be completed. This ESEE analysis will weigh the positives and negative consequences associated with allowance of,or denial of,the proposed Comprehensive Plan Map Amendment and applies only to those areas described above. THIS ESEE STEP IS MET. e •T igard Public Works 4.2 Determine the Impact Area (OAR§660-023-0040.3) (3) Determine the impact area. Local governments shall determine an impact area for each significant resource site. The impact area shall be drawn to include only the area in which allowed uses could adversely affect the identified resource. The impact area defines the geographic limits within which to conduct an ESEE analysis for the identified significant resource site. RESPONSE The work impact areas are described below. Of note, two of the work items (#2 and #4) are in Summer Creek, meaning that they are below ordinary high water mark(OHWM) and are in the waterway. As such, they are not mapped, unlike #1 and#3, which are both mapped on the City of Tigard Wetlands and Steam Corridors Map(September 2025), as a locally significant wetland and a designated vegetated corridor, respectively. For this Comprehensive Plan Map Amendment, the City requests that the mapped Goal 5 protections for work items #1 and#3 be removed to allow for the bank and bridge stabilization work to occur. (1)Approximately 0.010 acres (445.95 Sq. Ft.)of wetlands on the south side of Summer Creek will be impacted by the proposed work. The proposed work, impacting these wetlands, includes the shoring of the road guardrail foundations on the SW 121 st Bridge,the extension of the existing concrete wingwall by seven feet, the installation of riprap stones and geocells in and around the exposed sanitary sewer manholes, and the replanting of wetlands plants. (2)Approximately 0.068 acres(2965.25 Sq.Ft.)of Summer Creek,below the ordinary high water mark (OHWM), will be impacted with the installation of extended culvert wing walls, riprap stone, washed stone for riffle breaks, root wads, and macrophyte plants. (3)Approximately 0.020 acres(884.49 Sq.Ft.)of vegetated corridor on the north side of Summer Creek will be impacted with the installation of riprap stone, geocells, trees, and riparian plants; and the replacement of a broken stormwater line(from the roadway)with a new one. (4)Temporary,construction related,impacts will occur on the west side of the SW 121 st Avenue Bridge, in the waterway, for re-routing water during in-water work periods from July to September and throughout the project area which is delineated in Figure 1: Proposed Project Site Plan. Location/Work Sq.Ft. In ESEE? Why/Why Not in ESEE? (1) South Bank Wetlands 445.95 Yes Mapped,Locally Significant (2) Summer Creek 2965.25 No Not Mapped,in the waterway (3)North Bank Veg. Corridor 884.49 Yes Mapped,Locally Significant (4)Temporary Construction N/A No Not Mapped,in the waterway By no means does this mean that the impacts of work items#2 and#4 are not considered by the applicant. These items were addressed in the Comprehensive Plan Map Amendment submittal package(sensitive lands). THIS ESEE STEP IS MET. 0Ti CITY Public Works •.c ..i wit;::-' 4.3 Analyze the ESEE Consequences (OAR§660-023-0040.4) (4) Analyze the ESEE consequences. Local governments shall analyze the ESEE consequences that could result from decisions to allow, limit, or prohibit a conflicting use. The analysis may address each of the identified conflicting uses, or it may address a group of similar conflicting uses. A local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning. The local government may establish a matrix of commonly occurring conflicting uses and apply the matrix to particular resource sites in order to facilitate the analysis. A local government may conduct a single analysis for a site containing more than one significant Goal 5 resource. The ESEE analysis must consider any applicable statewide goal or acknowledged plan requirements, including the requirements of Goal 5. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. RESPONSE For this component of the ESEE analysis,positive and negative consequences are examined for the ECONOMIC, SOCIAL, ENVIRONMENTAL, and ENERGY categories under the following two scenarios: 1. Maintaining the Goal 5 protections for the 0.010 acres of wetlands on the south side of Summer Creek and the 0.020 acres of vegetated corridor on the north side of Summer Creek, which would not allow the proposed bridge and bank stabilization work to occur and would not allow for a conflicting use to occur. 2. Removal of the Goal 5 protections for the 0.010 acres of wetlands on the south side of Summer Creek and the 0.020 acres of vegetated corridor from the north side of Summer Creek, which would allow the proposed bridge and bank stabilization work to occur and would allow for a conflicting use to occur. ECONOMIC Scenario 1:Maintaining Goal 5 Protections Negative Economic Consequences • The primary negative economic consequences of maintaining the existing Goal 5 protections involve liability. Specifically, the City's liability should a northbound motor vehicle on the SW 121st Avenue Bridge hit the guardrail, with a foundation known to be compromised due to erosion, and suffer a catastrophic crash in or around Summer Creek. • Additional negative economic consequences of maintaining the existing Goal 5 protections also involve liability and specifically pertain to the private property at 11740 SW 1215t Avenue. A broken stormwater outfall and erosion are compromising the eCITY OF Ti gard Public Works driveway foundation at 11740 SW 1215t Avenue. The driveway itself, and any motor vehicles parked on it, are at risk should the driveway collapse into the north creek bank. • A final negative economic consequence of maintaining the existing Goal 5 protections involves the high costs associated with deferred maintenance for the broken stormwater outfall on the north creek bank and the exposed sanitary sewer manholes on the south creek bank. Eventually, if maintenance continues to be deferred and erosion is allowed to continue unmitigated, there will be a system failure involving one, if not both, of these critical utilities. Failure of the sanitary sewer line would result in a DEQ illicit discharge, which would require immediate action. Repair costs at such a time will be considerably higher than they are today. Positive Economic Consequences • Positive economic consequences of maintaining the existing Goal 5 protections are primarily short-term in that the City would not spend the money currently budgeted to perform the bridge and bank stabilization, and wetland and vegetated corridor enhancement($840,000). Scenario 2:Removing Goal 5 Protections Negative Economic Consequences • In the short-term,removing the Goal 5 protections for the subject wetlands and vegetated corridor, which would allow for the bridge and bank stabilization, wetland and vegetated corridor enhancement to occur,will cost the City the money it has budgeted for the project ($840,000). Positive Economic Consequences • One of the primary positive economic consequences of removing the Goal 5 protections for the subject wetlands and vegetated corridor,which would allow for the bridge and bank stabilization, wetland and vegetated corridor enhancement to occur, will decrease the City's liability in the event of motor vehicle crash impacting the guardrail on the northbound side of the SW 1215` Avenue Bridge. The compromised guardrail will be replaced, along with new—secured—concrete footers. • In addition, removing the Goal 5 protections for the subject wetlands and vegetated corridor, which would allow for the bridge and bank stabilization, wetland and vegetated corridor enhancement to occur,will decrease the City's liability for any damages incurred involving the private property at 11740 SW 1215t Avenue, specifically the driveway, and any motor vehicles park on it, and/or the fence and home,which are both proximate to the north creek bank. • Finally, removing the Goal 5 protections for the subject wetlands and vegetated corridor, which would allow for the bridge and bank stabilization, wetland and vegetated corridor . • Tigard Public Works enhancement to occur, will result in the replacement of the broken stormwater outfall leading from SW 121St Avenue to Summer Creek and the stabilization of the creek bank around the two sanitary sewer manholes on the south creek bank,protecting these critical utilities from further deterioration and preventing costly future repairs in the event of catastrophic utility failure. ECONOMIC—CONCLUSION The positive and negative economic impacts associated with both scenarios were analyzed above. In Scenario 1: Maintaining Goal 5 Protections, 3 negative consequences and 1 positive consequence were identified. In Scenario 2: Removing Goal 5 Protections, 1 negative consequence and 3 positive consequences were identified. In addition to the quantitative difference in outcomes,the qualitative differences(e.g.reduced liability)favor removing Goal 5 protections. On balance, Scenario 2: Removing Goal 5 Protections resulted in better economic outcomes. aTig'ard Public Works y., SOCIAL Scenario 1:Maintaining Goal 5 Protections Negative Social Consequences • The primary negative social consequence of maintaining the existing Goal 5 protections involves life safety. First, the guardrail on the northbound lane of the SW 121st Avenue Bridge has a concrete foundation that is currently being exposed by erosion. If a motor vehicle were to hit it, there is concern that the guardrail would fail and the driver and/or passenger would be seriously injured or killed. • An additional negative social consequence, related to life safety, of maintaining the existing Goal 5 protections pertains to the private property at 11740 SW 121' Avenue. The driveway foundation is being damaged due to erosion. The retaining wall supporting the driveway foundation and preventing it from sliding down the north creek bank is now less than 6"away from the drop-off(due to soil loss). The driveway,along with any adult or child walking on it, and any motor vehicle parked on it, are at risk for serious injury or death in the event of foundation collapse and a landslide into the creek. • There is a negative aesthetic consequence that result from maintaining the existing Goal 5 protections in that the erosive impacts from stormwater events will continue to go unabated resulting in further bank erosion, creek sedimentation,and plant, shrub, and tree loss. • Finally, an additional health risk would remain unmitigated if the existing Goal 5 protections are left in place. There are two sanitary sewer manholes on the south creek bank that are currently being repeatedly exposed to stormwater. The soil around these manholes is eroding away, leaving the manholes exposed. If left unaddressed (both of these manholes are in the subject wetlands), the City risks damage to the sanitary sewer line, which would present a health risk, as sanitary sewer functionality is a critical "no- fail"utility. Positive Social Consequences • There are no predicted positive social consequences that would come from maintaining the Goal 5 protections. Scenario 2:Removing Goal 5 Protections Negative Social Consequences • There are no predicted negative social consequences that would come from removing the Goal 5 protections. . • Tigard Public Works Positive Social Consequences ■ Removing the Goal 5 protections would allow for the guardrail on the northbound lane of the 121 st Avenue Bridge to be secured/replaced and for strengthened footers to be installed. This action would result in motorists being better protected in the event of a crash. • In addition,removing the Goal 5 protections will enable the City to perform the repairs on the north creek bank required to secure the bank and to reduce the risk of the driveway at 11740 SW 121' Avenue from catastrophically collapsing down the creek bank. The broken stormwater outfall would be replaced, and riprap stone and geocells will be installed to secure the creek bank. These actions would help mitigate the life safety risks that currently persist. • Aesthetic benefits would be realized through the removal of the Goal 5 protections. Both creek banks would be secured with riprap stone and geocells, and both will feature vegetated upper slopes. On the north creek bank root wads will be installed at the base of the riprap stone.On both creek banks,invasive plantings will be removed and,collectively, approximately 97 native trees, 1,226 native shrubs,and 100 native wetland plants(sedges, rushes, grasses) will be planted once construction is completed. These actions will help prevent further bank erosion, creek sedimentation, and plant, shrub, and tree loss. • Finally,public health would benefit from the removal of the Goal 5 protections. The two sanitary sewer manholes on the south creek bank would be secured with reinforced soil, riprap stone, and geocell. This would help prevent further erosion around them. SOCIAL—CONCLUSION The positive and negative social impacts associated with both scenarios were analyzed above. In Scenario 1: Maintaining Goal 5 Protections, 4 negative consequences and 0 positive consequence were identified. In Scenario 2: Removing Goal 5 Protections, 0 negative consequence and 4 positive consequences were identified. In addition to the quantitative difference in outcomes, the qualitative differences (e.g. life safety protections) favor removing Goal 5 protections. On balance,Scenario 2:Removing Goal 5 Protections resulted in better social outcomes. 0-Tigard Public Works • ENVIRONMENTAL Scenario 1:Maintaining Goal 5 Protections Negative Environmental Consequences ■ If the existing Goal 5 protections are maintained, the current environmental conditions will persist.Erosion will continue to pull earth,plants,shrubs,and trees off the creek banks and into Summer Creek during stormwater events. Sedimentation will continue unabated and turbid conditions will persist; water quality will continue to be degraded. ■ In addition, should the Goal 5 protections be maintained, invasive species will continue to dominate the creek banks. The June 2025 wetlands delineation determined that the herbaceous vegetation in the wetlands was "dominated by bird's-foot trefoil (Lotus corniculatus) and reed canarygrass (Phalaris arundinacea)."6 Both bird's foot trefoil and reed canarygrass are invasive species that outcompete natives, their predominance within the subject wetland area, highlight the wetlands' degraded condition. Positive Environmental Consequences • Maintaining the Goal 5 protections would prolong the life of the six trees on the north creek bank that are to be removed as part of the north bank stabilization component of the proposed project. These trees are valued environmental assets. Scenario 2:Removing Goal 5 Protections Negative Environmental Consequences • Removal of the Goal 5 protections for the for the 0.010 acres of wetlands on the south side of Summer Creek and the 0.020 acres of vegetated corridor from the north side of Summer Creek,would allow for the six trees on the north creek bank to be removed(required Tree Removal Permit would be obtained). Positive Environmental Consequences • If the Goal 5 protections are removed both the south (wetland) and north (vegetated corridor) creek banks will be stabilized and erosion will not have the impacts that it currently does during stormwater events. Riprap stone, with geocells underlay, and vegetated upper slopes will be installed on both the south and north creek banks. Native plants, shrubs, and trees will be planted. These plantings will be done to CWS standards, which are widely regarded as best practices. Sedimentation from soil loss will be minimized, turbidity, and water quality, will be improved. Plants, shrubs, and trees will maintain stability during stormwater events and will not be washed into Summer Creek. 6 Larsson,Ingrid and Feltus,Hallie, Wetland and Other Waters Delineation Report:Summer Creek Bank Stabilization Assessment and Design,WSP USA,Inc.,June 2025,Page 4. e,.Tigard • Public Works 1 ■ Furthermore, lifting of the Goal 5 protections will result in all the invasive plants, shrubs, and trees being removed from the subject wetlands (south bank) and subject vegetated corridor(north bank). • Removal of the Goal 5 protections will allow the project to move forward and will result in approximately 97 native trees, 1,226 native shrubs, and 100 native wetland plants (sedges,rushes, grasses)being planted once construction is completed. • Removing the Goal 5 protections will enable protection of the sanitary sewer manholes, which could prevent illicit discharges into the waterway. ENVIRONMENTAL—CONCLUSION The positive and negative environmental impacts associated with both scenarios were analyzed above. In Scenario 1: Maintaining Goal 5 Protections, 2 negative consequences and 1 positive consequence were identified. In Scenario 2: Removing Goal 5 Protections, 1 negative consequence and 4 positive consequences were identified. In addition to the quantitative difference in outcomes, the qualitative differences (e.g. restoration with native species) favor removing Goal 5 protections. On balance,Scenario 2:Removing Goal 5 Protections resulted in better environmental outcomes. Tigard Public Works ENERGY Scenario 1:Maintaining Goal 5 Protections Negative Energy Consequences ■ Maintaining the Goal 5 protections for the subject wetland the subject vegetated corridor could result in a motor vehicle crashing through the existing deteriorated guardrail and going into Summer Creek and/or a motor vehicle sliding down the north creek bank into Summer Creek, should the driveway at 11740 SW 121' Avenue collapse. In either instance, this would result in heavy machinery, powered by an internal combustion engine(s),being dispatched to retrieve the motor vehicle from the creek. Such an operation would likely require the temporary closure of the SW 121 St Avenue Bridge,which would impact motorist who use the bridge and could lead to more vehicle miles travelled(VMT). Positive Energy Consequences • If the existing Goal 5 protections are maintained, there will be no temporary construction related impacts to vehicular travel on the SW 121st Bridge.This could mean that motorists will not increase their respective VMT when the bridge is restricted to one travel lane (it is currently two)during work hours. Scenario 2: Removing Goal 5 Protections Negative Energy Consequences • In the short-term, removing the Goal 5 protections for the subject wetlands and vegetated corridor, which would allow for the bridge and bank stabilization, wetland and vegetated corridor enhancement to occur, would result in temporary construction related impacts. The SW 121' Bridge would be restricted to one travel lane (it is currently two) during work hours.This would impact motorists who use the bridge and could lead to more VMT. Positive Energy Consequences • Removing the Goal 5 protections for the subject wetland and the subject vegetated corridor would allow for the guardrail on the northbound lane of the SW 121st Avenue Bridge to be secured/replaced and for strengthened footers to be installed. It would also allow for the north creek bank to be stabilized and the broken stormwater outfall to be replaced, which would better protect the driveway at 11740 SW 121st Avenue. These actions would result in motorists being better protected in the event of a crash and would likely prevent vehicles from entering Summer Creek in the event of a crash(or driveway collapse),which eliminates the need for heavy machinery,powered by an internal combustion engine(s),to remove vehicles from the creek. • Tigar d Td Public Works ENERGY—CONCLUSION The positive and negative economic impacts associated with both scenarios were analyzed above. In Scenario 1: Maintaining Goal 5 Protections, 1 negative consequences and 1 positive consequence were identified. In Scenario 2: Removing Goal 5 Protections, 1 negative consequence and 1 positive consequences were identified. In this instance, there was no quantitative difference in outcomes, the qualitative differences (e.g. vehicle entering Summer Creek in the event of a crash or driveway collapse) favor removing Goal 5 protections. On balance,Scenario 2:Removing Goal 5 Protections resulted in better energy outcomes ESEE ANALYSIS SUMMARY This ESEE analysis found that, in this instance,the removal of the Goal 5 protections for the for the 0.010 acres of wetlands on the south side of Summer Creek and the 0.020 acres of vegetated corridor from the north side of Summer Creek is warranted because of the positive economic, social, environmental, and energy outcomes of allowing the bridge and bank stabilization work to occur significantly outweigh the risks and consequence of not allowing the bridge and bank stabilization work to occur both quantitatively and qualitatively. THIS ESEE STEP IS MET. aTigard ' Public Works 4.4 Develop a Program to Achieve Goal 5 (OAR§660-023-0040.5) (5) Develop a program to achieve Goal 5. Local governments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site.A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (a) A local government may decide that a significant resource site is of such importance compared to the conflicting uses, and the ESEE consequences of allowing the conflicting uses are so detrimental to the resource, that the conflicting uses should be prohibited. (b) A local government may decide that both the resource site and the conflicting uses are important compared to each other, and, based on the ESEE analysis, the conflicting uses should be allowed in a limited way that protects the resource site to a desired extent. (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. RESPONSE The applicant carefully considered the proposed work through the completion of the ESEE analysis.Any time protections are permanently removed from wetlands and/or vegetated corridor it should create a moment of pause. In this instance,the applicant—the City of Tigard Department of Public Work Engineering Division—efforted to design the project in a way that resulted in the minimal amount of protections being removed (0.010 acres/445.95 Sq. Ft. and 0.020 acres/884.49 Sq. Ft., respectively), while ensuring the bridge and bank stabilization work could still successfully occur and the environmental enhancement work could be maximized. In this instance,impacts will be mitigated through the use of best practices promulgated by Clean Water Services(CWS), Oregon Department of State Lands (DSL), and the Oregon Department of Environmental Quality(DEQ). Once work is completed,the impacted wetland will be restored with native plant species,and the impacted vegetated corridor will be restored with native plants, shrubs, and trees. In simple terms,the subject wetland and the subject vegetated corridor will be left better than they were found because of this project. In conclusion, after careful consideration, the applicant respectfully proposes that the City of Tigard allow for the conflicting use,in accordance with OAR§660-023-0040.5.C(listed above). gm. Tigard Public Works