City Auditor - City Recorder - Council Ordinance - 176784 Willamette Title 3 water quality compliance amend PCC Title 33 report

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Map Set B: City Council Adopted Modifications to Metro Adopted Title 3 Areas for the Willamette River

The Willamette River Title 3 Water Quality Compliance Project is the City of Portland's compliance response to a portion of Title 3 of Metro's Urban Growth Management Functional Plan (UGMFP). Title 3, which addresses water quality and resource protection, is only one part of the UGMFP. The Willamette River Title 3 Water Quality Compliance Project proposes additions and revisions to the greenway regulations of Title 33, Portland Zoning Code.

Title 3 covers water quality, flood management, and fish and wildlife conservation. This project addresses only the water quality element of Title 3 for portions of the Willamette River; the City has other projects that address flood management, erosion control, and fish and wildlife conservation. Because the City’s resource protection regulatory tool along the Willamette River is the greenway overlay zone, compliance with the water quality element of Title 3 is best addressed in the Greenway chapter of the Portland Zoning Code.

Recommended changes include a new greenway overlay zone called the River Water Quality overlay zone, represented on zoning maps with the letter “q”, an increased greenway setback on properties within the q-overlay, and additional greenway approval criteria for development proposed in the q-overlay zone setback.

In addition to Portland Zoning Code and Zoning Map changes, the Planning Commission has approved changes to the Metro Title 3 map based on criteria developed by Metro in 1998. This criteria allows exclusion of areas with existing water dependent uses or areas with existing plans or agreements for water dependent uses to be removed from the map. Based on these map changes, there are fewer than 100 properties along the Willamette River that will be affected by the recommended regulations.

Cities and counties were required to comply with Title 3 by January 2000; the City of Portland was granted an extension to July 2001, and an additional extension to April 2002. The adoption of this report by the City Council will bring the City into compliance with Title 3 for the Willamette River.

Metro adopted Title 3 of the Urban Growth Management Functional Plan (UGMFP) in June 1998. The UGMFP represents years of work by Metro and all of the jurisdictions and citizens it serves, and provides a framework for growth in the region. Cities and counties are required to comply with the UGMFP by making changes to their comprehensive plans and implementing ordinances.

The UGMFP contains 11 titles that guide cities and counties in their compliance efforts. Title 3, "Water Quality, Flood Management, and Fish and Wildlife Conservation" lays out performance standards for water quality, flood management, erosion and sediment control, and fish and wildlife habitat for all water bodies in Portland. The City has met requirements for flood management and erosion control with amendments to Portland City Code Title 24 (Chapter 24.50, flood management standards) and a new Portland City Code Title 10 (erosion and sedimentation control). Metro is completing inventory work on fish and wildlife habitat areas, and that work will be incorporated in the Willamette River Greenway Plan, an upcoming project. The Willamette River Title 3 Water Quality Compliance project will address water quality performance standards for wetlands and sections of the riparian area along the Willamette River; another City project will address Title 3 water quality for all other streams, wetlands, and rivers in the City.

Title 3 has limited application to the Willamette River with this project. Many of the river front properties are exempt from meeting the water quality portion of Title 3 because “the area was demonstrated to have existing conflicting water dependent uses, or existing plans or agreements for such uses, or the area was developed or committed to other uses” (Metro’s criteria for amending the stream and floodplain maps). With this recommended report, additional water dependent areas have been identified and have been removed from the map. Water dependent uses need direct access to water, and vegetated corridors are not compatible with them. There are two sets of maps at the end of this report- the “A” set shows the Metro adopted Title 3 map, and the “B” set shows the Planning Commission recommended map with water dependent uses removed from the map.

In addition, Ross Island Sand and Gravel has been exempt from greenway regulations for extraction and reclamation activities on the interior portions of Ross Island and Hardtack Island since the City implemented State Goal 15. The City recognized Ross Island Sand and Gravel as an existing use with an approved management plan and therefore provided in the Willamette Greenway Plan, adopted in 1986, that the interior of Ross and Hardtack Islands would receive greenway zoning upon expiration of the management plan.

All portions of the Willamette River waterfront are still subject to flood management requirements of City Code Title 24, and erosions and sediment control requirements of City Code Title 10. In addition, all properties that front on the Willamette River will be subject to regulatory changes that occur with revisions to the Willamette River Greenway Plan, a project that is scheduled to begin some time in 2002.

The purpose of Title 3 is "To protect the beneficial water uses and functions and values of resources.....by limiting or mitigating the impact on these areas from development activities....". Beneficial water uses are defined as anything from wildlife uses to recreational and industrial uses. The functions and values of the water quality resource area need to be protected to maintain the river in a way that benefits all of the uses. The Title 3 water quality resource area is the vegetated corridor adjacent to the Willamette River, and the river. The Title 3 functions and values of the vegetated corridor include maintaining or reducing stream temperatures, stabilizing slopes to prevent landslides, separating water features from development, flood attenuation, and providing open space and wildlife corridors. The width of the vegetated corridor landward of the top of the riverbank is determined by the slope leading to the top of the bank; in general, if the slope is less than 25 percent, the vegetated corridor is 50 feet; if it is equal to or more than 25 percent, the vegetated corridor is 200 feet. Wetlands have a 50 foot vegetated corridor. The proposed setback is the same as the vegetated corridor.

There are several ways to implement the performance standards for water quality areas: the City can adopt the text of Title 3 which includes Table 3.07-3 describing the method for determining setbacks based on slope, or adopt a field verified map that shows setbacks based on field-verified slopes. With this adopted report, the text adoption will be the chosen method.

The Willamette Greenway Plan implements State Land Use Goal 15 and calls for the protection, conservation, enhancement, and maintenance of the natural, scenic, historic, agricultural, economic, and recreational qualities of lands along the Willamette River. The purpose of the greenway is not unlike that of the water quality resource area: meeting the needs of seemingly divergent uses. For example, one of the primary objectives of the Willamette Greenway Plan is to increase public access to and along the river. Another is to conserve and enhance the natural riverbanks and riparian habitat along the river. Providing access while also conserving and enhancing significant wildlife habitat might seem contrary, but through Greenway review the City maintains a balance that ensures minimal disturbance of riparian and natural areas where development is approved.

The City of Portland’s Willamette River Greenway Plan was adopted by ordinance in October 1979. The plan is due to be updated in 2002, and regulatory changes will affect all riverfront properties.

This section describes the application of Metro’s Title 3 requirements to this project and how they will be met. Title 3 language is shown in italics with the section number, with Portland Zoning Code amendments described conceptually.

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, protecting life and property from dangers associated with flooding and working toward a regional coordination program of protection for Fish and Wildlife Habitat Areas.

Beneficial water uses are defined as anything from wildlife uses to recreational and industrial uses. Functions and values of the water quality resource area are needed to maintain the water resource in a state that benefits all of the uses. The functions and values include maintaining or reducing stream temperatures, stabilizing slopes to prevent landslides, providing a vegetated corridor to separate water features from development, flood attenuation, and open space and wildlife corridors, to name a few.

For this project, the term “functions and values” may be used interchangeably with “functional values”. The two terms mean essentially the same thing, but because functional values is defined in the Zoning Code and is used in other City documents it is the preferred term.

The work to identify and inventory the specific landscape features that provide the functions and benefits for healthy water quality in the Willamette River is still underway, but Title 3 defines some of the “generic” properties of functional values that have applicability to proposed development in the water quality area. Through the additional set of approval criteria that is proposed with this project, applicants will identify the resources that provide water quality functional values and that are affected by development, and show how the development avoids, minimizes, or mitigates impacts to those resources.

One purpose of the greenway overlay zone is to “protect, conserve, enhance, and maintain the natural, scenic, historic, economic, and recreational qualities of lands along Portland’s rivers.” To further link the health of the greenway to the water resource, an addition to the purpose statement will include language about implementation of Title 3 for protection and restoration of the water quality resource area.

2. Development which may cause temporary or permanent erosion on any property within the Metro Boundary.

3. Development in Fish and Wildlife Habitat Conservation Areas when Metro’s section 3.07.350 analysis and mapping are completed.

B. This title does not apply to work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies provided that after the emergency has passed, adverse impacts are mitigated in accordance with the performance standards in section 3.07.340.

This section of Title 3 lists Flood Management areas and development which may cause erosion, two items that are addressed in other City projects. 3.07.320.B. exempts work done under emergency conditions as long as adverse impacts of the emergency work are mitigated after the emergency has passed. An amendment to the exemptions section of the Greenway Chapter is proposed that will require greenway review and mitigation after the emergency has passed.

A. Cities and counties shall comply with this title in one of the following ways:

1. Amend their comprehensive plans and implementing ordinances to adopt all or part of the Title 3 Model Ordinance or code language that substantially complies with the performance standards in section 3.07.340 and the intent of this title, and adopt either the Metro Water Quality and Flood Management Area Map or a map which substantially complies with the Metro map. Cities and counties may choose one of the following options for applying this section:

a. Adopt code language implementing this title which prevails over the map and uses the map as reference; or

b. Adopt a city or county field verified map of Water Quality and Flood Management Areas based on the Metro Water Quality and Flood Management map, updated according to section 3.07.370, implementing this title which prevails over adopted code language.

Field verification is a process of identifying or delineating Protected Water Features, Water Quality Resource Areas and Flood Management Areas shown on the Metro Water Quality and Flood Management Areas map. This process includes examination of information such as site visit reports, wetlands inventory maps, aerial photographs, and public input and review. The field verification process shall result in a locally adopted Water Quality and Flood Management Areas map which:

i. Applies the Title 10 definitions of Protected Water Feature, Water Quality Resource Areas and Flood Management Areas to all those protected areas on the Metro Water Quality and Flood Management Areas map to show the specific boundaries of those protected areas on the locally adopted Water Quality and Flood Management Areas map; and

ii. Is subject to amendment by applying adopted code language to add Protected Water Features, Water Quality Resource Areas and Flood Management Areas and to correct errors in the local Water Quality and Flood Management Areas map as required by section 3.07.370 and consistent with section 3.07.330(D).

2. Demonstrate that existing city and county comprehensive plans and implementing ordinances substantially comply with the performance standards in section 3.07.340 and the intent of this title.

3. Any combination of (1) and (2) above that substantially complies with all performance standards in section 3.07.340.

Paragraph 3.07.330.A requires all cities and counties to comply with Title 3 by amending their comprehensive plans and implementing ordinances, by demonstrating that existing regulations already substantially comply, or through some combination of the two. Also, local jurisdictions may select whether adopted code language will prevail over any water quality map or an adopted and field-verified map will prevail over code language.

Any locally adopted Water Quality map must protect all the areas shown on Metro’s Water Quality and Flood Management Areas map. In addition, the map must be amendable to allow correction of errors and the addition of qualifying water quality resource areas.

This project will demonstrate substantial compliance with Title 3 through adoption of code language. The data from Metro’s map will be used as a reference to identify sites that are subject to Title 3 water quality performance standards, and they will receive a new greenway overlay zone. Official zoning maps will then be the main identification tool, with zoning code regulations and approval criteria implementing the Title 3 performance standards applicable to the water quality areas. There are no comprehensive plan changes as part of this project.

Title 3 has limited application to the Willamette River with this project. Many of the river front properties are exempt from meeting the water quality portion of Title 3 because the area was demonstrated to have existing conflicting water dependent uses, or existing plans or agreements for such uses, or the area was developed or committed to other uses. The interior portions of Ross and Hardtack Islands are exempt from greenway regulations as long as there is an active management plan for the work that occurs there. However, all exempt areas are still subject to flood management requirements of City Code Title 24, and erosions and sediment control requirements of City Code Title 10. In addition, all properties that front on the Willamette River will be subject to regulatory changes that occur with revisions to the Willamette River Greenway Plan, a project that is scheduled to begin sometime in 2002.

B. Cities and counties shall hold at least one public hearing prior to adopting comprehensive plan amendments, ordinances and maps implementing the performance standards in section 3.07.340 of this title or demonstrating that existing city or county comprehensive plans and implementing ordinances substantially comply with section 3.07.340, to add Protected Water Features, and wetlands which meet the criteria in section 3.07.340(E)(3), to their Water Quality and Flood Management Area map. The proposed comprehensive plan amendments, implementing ordinances and maps shall be available for public review at least 45 days prior to the public hearing.

The City sent notice of this project and the date of the first public hearing with the Planning Commission to affected property owners and interested persons on December 19, 2001. The document was available on December 28, 2001. The City held an open house on January 16^th, 2002, and two Planning Commission hearings – February 12, 2002 and March 12, 2002. A notice for the City Council hearing was mailed on April 8^th, 2002 and the hearing was held on April 24^th, 2002.

C. Cities and counties shall conduct a review of their Water Quality and Flood Management Areas map concurrent with local periodic review required by ORS197.633 (1997).

The City is complying with Title 3 by adopting code language to implement the performance standards of Section 3.07.340, so there will not be an implementing map. However, the zoning code, as the implementing ordinance of the comprehensive plan, is subject to periodic review and the next periodic review is scheduled approximately for 2006.

D. Some areas which would otherwise be mapped as Protected Water Features, Water Quality Resource Areas and Flood Management Areas do not appear on the Metro Water Quality and Flood Management Areas map because streams had been culverted, wetlands had been filled or a fill permit had been approved, or the area was demonstrated to have existing conflicting water dependent uses, or existing plans or agreements for such uses, or the area was developed or committed to other uses.

Notwithstanding any other provision of this title, cities and counties are not required to establish Protected Water Features, Water Quality Resource Areas and Flood Management Areas through adopted code provisions or mapping for areas which were examined but not included on the Water Quality and Flood Management Areas map adopted by the Metro Council.

The City does not plan to establish Water Quality Resource Areas in locations not included on Metro’s Water Quality and Flood Management Areas Map. The areas that are included are shown on the maps at the end of this report.

1. The purpose of these standards is to: (1) protect and improve water quality to support the designated beneficial water uses as defined in Title 10, and (2) protect the functions and values of the Water Quality Resource Area which include, but are not limited to:

a. Providing a vegetated corridor to separate Protected Water Features from development;

f. Stabilizing slopes to prevent landslides contributing to sedimentation of water features.

Section 33.440.010 (the purpose statement) will be amended to include the above purposes of the water quality performance standards. Applications for development in the water quality resource area will have to document the functions and values of the resources that are proposed to be removed, and provide a mitigation plan for replacing those resources.

2. Local codes shall require all development in Water Quality Resource Areas to conform to the following performance standards:

a. The Water Quality Resource Area is the vegetated corridor and the Protected Water Feature. The width of the vegetated corridor is specified in Table 3.07-3. At least three slope measurements along the water feature, at no more than 100-foot increments, shall be made for each property for which development is proposed. Depending on the width of the property, the width of the vegetated corridor will vary.

The vegetated corridor is analogous to the greenway setback – the slope measurement will be taken from the top of the bank, as it is for existing greenway setbacks. Depending on the slope, the setback will be 50 feet or 200 feet. The slope measurement requirement will be part of the application submittal for development that is proposed in the water quality area. The slope measurement is required to determine the width of the vegetated corridor and the size of the setback from top of bank.

b. Water Quality Resource Areas shall be protected, maintained, enhanced or restored as specified in section 3.07.340(B)(2).

This will be achieved through the development standards of the Greenway Chapter which apply to all new development or modifications to existing development that require a building permit. Greenway review will require identification of the resources providing the water quality functional value(s) and mitigation for those that are destroyed.

c. Prohibit development that will have a significant negative impact on the functions and values of the Water Quality Resource Area, which cannot be mitigated in accordance with subsection 2(f).

This performance standard can be found in the new approval criteria for greenway review that must be addressed by new development, exterior alterations, excavations, and fills proposed in the water quality resource area setback. Greenway review is a review procedure that evaluates the project based on a set of discretionary approval criteria. The approval criteria for development proposed in the water quality resource area setback of the greenway considers several factors: avoid impacts to the resource, minimize unavoidable impacts, and mitigate the impacts. Proposals must also show that other development alternatives have been considered, and the one proposed has the least detrimental impact on the resource. The purpose of the review is to prohibit development that will have significant detrimental impact on the functional values of the water quality resource area.

If all of the approval criteria for a proposed development cannot be met, the proposal can be denied.

d. Vegetative cover native to the Portland metropolitan region shall be maintained, enhanced or restored, if disturbed, in the Water Quality Resource Area. Invasive non-native vegetation may be removed from the Water Quality Resource Area and replaced with native cover. Only native vegetation shall be used to enhance or restore the Water Quality Resource Area. This shall not preclude construction of energy dissipaters at outfalls consistent with watershed enhancement, and as approved by local surface water management agencies.

The proposed approval criteria for development in the water quality resource area requires a mitigation planting plan to replace resources that are removed.

e. Uncontained areas of hazardous materials as defined by DEQ in the Water Quality Resource Area shall be prohibited.

This performance standard is already met through Portland Fire Bureau regulations for hazardous materials city-wide in Portland City Code Title 31 – Fire Regulations, and Title 17 – Public Improvements.

f. Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i. Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii. If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii. Where the development occurs, require mitigation to ensure that the functions and values of the Water Quality Resource Area are restored.

The new approval criteria required for development proposed in the water quality resource area will comply with this section. A key feature of the new criteria is the requirement for an alternatives analysis – a written narrative that discusses alternative locations, design modifications, or alternative methods of development to determine which options reduce the impacts on the water quality resource area. Additionally, a mitigation plan is required that describes operations and maintenance practices, and resource values to be restored.

g. Cities and counties may allow development for repair, replacement or improvement of utility facilities so long as the Water Quality Resource Area is restored consistent with section 3.07.340(B)(2)(d).

h. The performance standards of section 3.07.340(B)(2) do not apply to routine repair and maintenance of existing structures, roadways, driveways, utilities, accessory uses and other development.

Routine repair and maintenance of existing structures, roadways, driveways, utilities, and other development is exempt from greenway review but still subject to the development standards of the greenway chapter which include landscaping requirements. Replacement is not exempt when coverage or utility size is increased – this is not considered “routine repair and maintenance”.

3. For lots or parcels which are fully or predominantly within the Water Quality Resource Area and are demonstrated to be unbuildable by the vegetative corridor regulations, cities and counties shall reduce or remove vegetative corridor regulations to assure the lot or parcel will be buildable while still providing the maximum vegetated corridor practicable. Cities and counties shall encourage landowners to voluntarily protect these areas through various means, such as conservation easements and incentive programs.

The application of the water quality resource areas performance standards to the greenway do not render any properties unbuildable. Through the discretionary greenway review process, the vegetated corridor may be modified to allow development.

1. Cities and counties shall either adopt land use regulations, which authorize transfer of permitted units and floor area to mitigate the effects of development restrictions in Water Quality and Flood Management Areas, or adopt other measures that mitigate the effects of development restrictions.

The City allows clustering of development through on-site transfer of development rights when a project applies for a Planned Unit Development review, described in the Portland Zoning Code, Chapter 33.269. Residential densities and commercial or industrial floor area ratios are transferable within the site as a means of limiting development in resource areas.

3. Additions, alterations, rehabilitation or replacement of existing structures, roadways, driveways, accessory uses and development in the Water Quality and Flood Management Area may be allowed provided that:

a. The addition, alteration, rehabilitation or replacement is not inconsistent with applicable city and county regulations, and

b. The addition, alteration, rehabilitation or replacement does not encroach closer to the Protected Water Feature than the existing structures, roadways, driveways or accessory uses and development, and

c. The addition, alteration, rehabilitation or replacement satisfies section 3.07.340(C) of this title.

d. In determining appropriate conditions of approval, the affected city or county shall require the applicant to:

i. Demonstrate that no reasonably practicable alternative design or method of development exists that would have a lesser impact on the Water Quality Resource Area than the one proposed; and

ii. If no such reasonably practicable alternative design or method of development exists, the project should be conditioned to limit its disturbance and impact on the Water Quality Resource to the minimum extent necessary to achieve the proposed addition, alteration, restoration, replacement or rehabilitation; and

iii. Provide mitigation to ensure that impacts to the functions and values of the Water Quality Resource Area will be mitigated or restored to the extent practicable.

The proposed changes to the greenway chapter of the Portland Zoning Code comply with this section of Title 3. Development in the water quality resource area of the greenway overlay zone is governed by the approval criteria which are described in preceding sections. The approval criteria, in part, require that the proposed development be the least damaging practicable alternative. While the greenway chapter does not prohibit “additions, alterations, rehabilitation or replacement from encroaching closer to Protected Water Features than existing development”, the approval criteria of greenway review generally protect water quality resource areas from encroachment. Where unavoidable adverse impacts are identified, mitigation is required.

6. Cities and counties shall apply the performance standards of this title to Title 3 Wetlands as shown on the Metro Water Quality and Flood Management Areas Map and locally adopted Water Quality and Flood Management Areas maps. Cities and counties may also apply the performance standards of this title to other wetlands.

The City is implementing the performance standards of Title 3 by making text changes to the Greenway Chapter of the Portland Zoning Code. Official zoning maps will be modified to show the River Water Quality overlay zone (q) on those properties that are on Metro’s Water Quality and Flood Management Areas Map, including properties with wetlands, excluding those properties that were removed by the Planning Commission.

Cities and counties shall amend their comprehensive plans and implementing ordinances to provide a process for each of the following:

1. Amendments to city and county adopted Water Quality and Flood Management Area maps to correct the location of Protected Water Features, Water Quality Resource Areas and Flood Management Areas. Amendments shall be initiated within 90 days of the date the city or county receives information establishing a possible map error.

2. Modification of the Water Quality Resource Area upon demonstration that the modification will offer the same or better protection of water quality, the Water Quality and Flood Management Area and Protected Water Feature.

3. Amendments to city and county adopted Water Quality and Flood Management Area maps to add Title 3 wetlands when the city or county receives significant evidence that a wetland meets any one of the following criteria:

a. The wetland is fed by surface flows, sheet flows or precipitation, and has evidence of flooding during the growing season, and has 60 percent or greater vegetated cover, and is over one-half acre in size;

b. or the wetland qualifies as having “intact water quality function” under the 1996 Oregon Freshwater Wetland Assessment Methodology; or

c. The wetland is in the Flood Management Area, and has evidence of flooding during the growing season, and is five acres or more in size, and has a restricted outlet or no outlet;

d. or the wetland qualifies as having “intact hydrologic control function” under the 1996 Oregon Freshwater Wetland Assessment Methodology; or

e. The wetland or a portion of the wetland is within a horizontal distance of less than one-fourth mile from a water body which meets the Department of Environmental Quality definition of “water quality limited water body” in OAR Chapter 340, Division 41 (1996).

Examples of significant evidence that a wetland exists that may meet the criteria above are a wetland assessment conducted using the 1996 Oregon Freshwater Wetland Assessment Methodology, or correspondence from the Division of State Lands that a wetland determination or delineation has been submitted or completed for property in the city or county.

The City of Portland already provides a process for Zoning Code and Zoning Map changes. The maps in the Greenway chapter are part of the zoning code and not considered official zoning maps. Therefore, proposals to modify the maps that show the water quality resource area are subject to the approval criteria of Chapter 33.835, Goal, Policy, and Regulation Amendments. The new River Water Quality overlay zone, which will be shown on official zoning maps, are subject to the review process for Zoning Map Amendments, Chapter 33.855.

4. Cities and counties are not required to apply the criteria in section 3.07.340(E)(3) to water quality or stormwater detention facilities.

The City does not plan to apply the map amendment section of Title 3 (the previous section, above) to water quality or stormwater detention facilities.

This section recommends changes to the Zoning Code. Odd-numbered pages show Zoning Code language with the recommended changes. Language added to the Zoning Code is underlined. Language deleted is shown with a ~~strike-through~~.

Note that relevant Title 3 language has been inserted in the commentary section and is shown in italic.

Metro and all of the cities and counties within Metro's jurisdiction adopted the Urban Growth Management Functional Plan in 1997 except for Title 3. The water quality, erosion control, and flood management portions of Title 3 were adopted in June 1998. This project addresses only water quality along portions of the Willamette River as shown on the maps at the back of this draft.

Unlike the environmental overlay zone, resource protection along the Willamette River is implemented through the Greenway Overlay zone, designed to comply with State Goal 15.

This addition to the purpose statement reflects compliance with Title 3 and includes a list of the “generic” functional values of the Title 3 water quality resource area.

• Protect, conserve, enhance, and maintain the natural, scenic, historical, economic, and recreational qualities of lands along Portland's rivers;

• Establish criteria, standards, and procedures for the development of land, change of uses, and the intensification of uses within the greenway;

• Increase public access to and along the Willamette River for the purpose of increasing recreational opportunities, providing emergency vehicle access, assisting in flood protection and control, providing connections to other transportation systems, and helping to create a pleasant, aesthetically pleasing urban environment; ~~and~~

• Implement the City's Willamette Greenway responsibilities as required by ORS 390.310 to 390.368; and

• Implement the water quality performance standards of Metro’s Title 3, which are intended to protect and improve water quality to support designated beneficial water uses, and to protect the functional values of the water quality resource area which include: providing a vegetated corridor to separate protected water features from development; maintaining or reducing stream temperatures; maintaining natural stream corridors; minimizing erosion, nutrient and pollutant loading into water; filtering, infiltration and natural water purification; and stabilizing slopes to prevent landslides contributing to sedimentation of water features.

This section has been moved to 33.440.030.B (bottom of next page) to reduce confusion and to follow standard code protocol.

The greenway overlay zones are shown on the official zoning maps. Staff debated whether to add another overlay zone representing the water quality resource area, or to show the affected properties on maps at the end of this chapter and stipulate the distance of the greenway setback for these properties. The Planning Commission chose the additional overlay zone because an overlay zone is easily detected by implementation staff. The applicant will need to determine the location of the top of bank, as is required for all greenway overlay zones. The setback is from the top of the bank and is based on slope.

In addition, there are Title 3 water quality wetlands in the Willamette River Greenway area that are not protected. They are included in the greenway regulations to ensure that they are recognized and protected for their water quality functions.

The new greenway overlay zone is introduced here – it will be called the River Water Quality overlay zone and be represented by a “q”.

A. Purpose. The purpose of the greenway chapter now includes implementation of the water quality resource area.

B. Where these regulations apply. This is the old 33.440.020 Application of the Greenway Regulations, with the addition of the new greenway overlay zone. The interior portions of Ross and Hardtack Island are given an exemption because those areas are subject to a City-approved management plan. When these regulations are revised, the exemption will expire.

C. The Oregon Revised Statutes sections 465.200 through 465.510 and 465.900 may exempt the “on-site” portion of any removal or remedial action from any state or local permits, licenses or other authorizations or procedural requirements, including Greenway Review. “Substantive” requirements still apply, but “procedural” requirements do not. This exemption applies only to work that is integral to the proposed removal or remedial action.

The Oregon Department of Environmental Quality (DEQ) defines the project “site” when approving a proposed removal or remedial action. The DEQ definition of “site” includes the area containing contamination plus any area needed to conduct the cleanup. In contrast, the Zoning Code defines “site” as an ownership, which may make up one or more lots.

The proposed amendment will remove this contradiction. In addition, it will allow OPDR to review cleanup projects by themselves without reference to development outside the DEQ-defined “site.” Otherwise a “catch-22” may be created. This could occur in situations where the Zoning Code requires work to be done – such as landscaping – on the ownership, but outside the DEQ-defined site. The cleanup work itself might be exempt from procedural requirements, but the landscaping work might be subject to them. Where a proposal consists of a cleanup action plus other development, the proposal for the other development will still be subject to normal procedural requirements, including Greenway Review where appropriate.

This chapter applies to all land and fills and structures in water within the Willamette Greenway Plan boundary designated on the Official Zoning Maps with River Natural, River Recreational, River General, or River Industrial overlay zones. In addition, the public trail standards of 33.440.240 below apply to all lands designated on the Willamette Greenway Plan with the recreational trail symbol but which are outside of the greenway zones.

The purpose of the greenway overlay zones is to implement the land use pattern identified in the Willamette Greenway Plan. There are four greenway overlay zones, each with its own focus and purpose. The purpose of each of the overlay zones is stated below.

A. Purpose. The purpose of the greenway overlay zones is to implement the land use pattern identified in the Willamette Greenway Plan and the water quality requirements of Metro Code 3.07.340.B (Title 3). There are ~~four~~ five greenway overlay zones, each with its own focus and purpose. The purpose of each of the overlay zones is stated below.

A1. River Natural. The River Natural zone protects, conserves, and enhances land of scenic quality or of significant importance as wildlife habitat.

B2. River Recreational. The River Recreational zone encourages river-dependent and river-related recreational uses which provide a variety of types of public access to and along the river, and which enhance the river's natural and scenic qualities.

C3. River General. The River General zone allows for uses and development which are consistent with the base zoning, which allow for public use and enjoyment of the waterfront, and which enhance the river's natural and scenic qualities.

D4. River Industrial. The River Industrial zone encourages and promotes the development

viability of Portland as a marine shipping and industrial harbor, while preserving and

5. River Water Quality. The River Water Quality zone is designed to protect the functional values of water quality resources by limiting or mitigating the impact of development in the setback.

B. Where these regulations apply. The regulations of this chapter apply to all land and fills and structures in water within the Willamette Greenway Plan boundary designated on the Official Zoning Maps with River Natural, River Recreational, River General, or River Industrial, or River Water Quality overlay zones except that the area within the interior of Ross and Hardtack Islands which is presently subject to the Ross Island Management Plan will not be subject to the regulations of this chapter during such time as the Ross Island Management Plan remains in effect. In addition, the public trail standards of Section 33.440.240 below apply to all lands designated on the Willamette Greenway Plan with the recreational trail symbol but which are outside of the greenway zones.

C. Removal or remediation of hazardous substances. For projects limited to the removal or remediation of hazardous substances conducted under ORS 465.200 through 465.510 and 465.900, the regulations of this chapter apply only to the portion of the site located within the boundaries of the removal or remedial action areas, as delineated by the Department of Environmental Quality.

NOTE: The “q” does not replace existing greenway zoning; some properties will have 2 greenway overlay zones. The main effect of the additional overlay zone is a larger setback, and additional approval criteria for development that proposes to locate in that larger setback. Development outside the larger setback is not subject to any additional regulations; the original greenway regulations continue to apply.

This is a new section that sunsets the q-overlay regulations when this entire chapter gets rewritten. The Willamette River Greenway Plan rewrite will comply with Title 3, Goal 5, Goal 15, and other requirements of state and federal law.

The River Water Quality overlay zone does not change the use restrictions imposed by the greenway overlay zone. Where both the “q” overlay and another greenway overlay zone apply to a property, the use restrictions of the other greenway overlay zone will still apply.

Additional clarification that the q-overlay only applies to non-river dependent uses and only in the setback. Existing uses that change or redevelop to non-river dependent uses are required to go through greenway review.

D. Map symbols. The greenway overlay zones are shown on the Official Zoning Maps with the following map symbols:

~~The greenway overlay zones are shown on the Official Zoning Maps with the following map symbols:~~

In addition to any City requirements, all development within or riverward of the greenway setback, including fills, must be approved by the Oregon Division of State Lands and the U.S. Army Corp of Engineers.

The River Water Quality Overlay Zone will be deleted from the Zoning Code when revised Willamette River Greenway regulations are adopted.

A. Generally. In most cases, the greenway zones do not restrict primary uses that are allowed in the base zones by right, with limitations, or as a conditional use. Exceptions to this are in the River Recreational, ~~and~~ River Industrial, and River Water Quality zones. The restrictions on uses are stated in Subsection B. below. The location of development for an allowed use is regulated by the development standards below. Any changes to the land associated with the use are subject to greenway review unless exempted. See 33.440.310 and 33.440.320 below.

1. River Recreational zone. Primary uses in the River Recreational zone are limited to recreational uses that are river-dependent or river-related.

2. River Industrial zone. In the River Industrial zone, river-dependent and river-related primary uses are allowed by right on sites that front the river. Primary uses that are not river-dependent or river-related may be allowed on sites that front the river if they are approved through greenway review. They must comply with the approval criteria of 33.440.350.CB. below. There are no special use restrictions on sites that do not have river frontage.

3. River Natural and River General zones. There are no special use restrictions in the River Natural and River General zones.

4. River Water Quality zone. In the River Water Quality zone, use restrictions apply only within the greenway setback. Primary uses that are river-dependent or river-related are allowed and do not need to comply with 33.440.345 Supplemental Application Requirements or the approval criteria of 33.440.350.G. Primary uses that are not river-dependent or river-related may be allowed if they are approved through greenway review. Existing uses that change to a non-river dependent or non-river related use are subject to greenway review.

B. 1. This section is expanded because there is more than one setback with application of the q-overlay zone. The greenway setback is still 25 feet except in the River Water Quality overlay zone (see B2 and B3).

Some reviewers have requested that the phrases “landward of the greenway setback” and “riverward of the greenway setback” be modified to reduce the awkwardness of the terminology. Staff agrees that it is awkward, but the regulations are related to those areas that are outside (landward) the greenway setback area, in the greenway setback area, on the river bank (riverward), or in the water (riverward). There is no simple way to revise what this section is describing; however, the comments received from reviewers will be forwarded to the next project team that will be revising the Willamette River Greenway Plan including Willamette River Greenway regulations.

Any changes to land or development within the greenway zones, including rights-of-way, are subject to the development standards of this chapter.

A. General. The requirements of this section focuses on whether the development is river-dependent or river-related. The focus is not on the primary use of the land. For example, a marine freight terminal is a river-dependent primary use, but not all development associated with the terminal is river-dependent. The dock and loading cranes are river dependent, but the parking lot, storage areas, and corporate offices are not. Another example is a multi-dwelling complex. The residential units are not a river-dependent or river-related primary use. A boat dock for the residents is river-dependent, but parking and storage areas are not.

B. The setback areas. ~~The greenway setback extends from the top of the bank to a point 25 feet landward of the top of the bank. See Figure 440-1.~~

1. Generally. The greenway setback extends from the top of the bank to a point 25 feet landward of the top of the bank, except in the River Water Quality overlay zone. See Figure 440-1.

2. The setback for development in the River Water Quality overlay zone is determined when a building permit application is made, and is determined by the slope landward of the top of bank. These setbacks have been predetermined by Metro; see Table 3.07-3 Protected Water Features in Appendix A.

3. The setback for development near a wetland that is within the overlay zone is 50 feet.

There is some question about the application of the River Water Quality overlay and whether it applies to the water feature or river. As the other greenway overlay zones do apply to the river and any structures placed there, the River Water Quality overlay will also. In situations where the overlay does not occur on the opposite river bank, the overlay will extend to the middle of the river.

The River Water Quality overlay zone development regulations follow the same development regulations as the greenway overlay zones. River-dependent or river-related development in the setback or riverward of the setback are subject to greenway review, and all others are subject to greenway review and a greenway goal exception.

This subsection is renumbered because of the added language for Title 3 compliance, and to clarify the development regulations of subsection C (on next page).

2. River Water Quality overlay zone. The greenway setback in the River Water Quality zone extends from the top of the bank to a point 50 feet landward of the top of the bank for sites with less than 25 percent slope, or to a point 200 feet landward for sites with 25 percent or greater slope. See Figure 440-2 and Table 440-1.

3. Wetlands in the River Water Quality overlay zone. The greenway setback is 50 feet around the delineated edge of the wetland in addition to the setback from the top of the bank.

Slope Landward of Top of Bank

Width of Vegetated Corridor¹

< 25%

50 feet

> 25% for 150 feet or more²

200 feet

¹To establish the width of the vegetated corridor, slope is measured in 25-foot increments landward of top of bank until slope is less than 25%.

²Vegetated corridors in excess of 50-feet apply on steep slopes only in the uphill direction from the protected water feature.

~~C. Development landward of the greenway setback.~~ There are no special greenway restrictions for development, excavations, and fills landward of the greenway setback. However, all development, excavations, and fills located in the River Natural zone or within 50 feet of the zone is also subject to greenway review.

D. Development within the greenway setback. Only development and fill that is river-dependent or river-related is allowed in the greenway setback. Development and fill that is not river-dependent or river-related requires greenway review and a Greenway Goal Exception to locate within the greenway setback.

E. Development riverward of the greenway setback. Riverward of the greenway setback, development and fill that is river-dependent or river-related may be allowed if approved through greenway review. Development and fill that is not river-dependent or river-related requires greenway review and a Greenway Goal Exception to locate riverward of the greenway setback.

“Exterior alterations” has been added to all three paragraphs because it is listed in 33.440.310.B and is the only element of that section missing from this subsection.

1. OPDR staff asked that this paragraph be modified for clarification; it helps staff and applicants understand where greenway review will be required in both the q-overlay and the other greenway overlay zones. It does not change existing requirements for greenway review.

2. Title 3 requires a review if development is proposed in the water quality resource area setback. Greenway regulations are the same; however, this section has not explicitly said that greenway review is required. The language is added to comply with Title 3 and to reduce confusion about when greenway review is required.

This section covers new development and alterations to existing development. Title 3 disallows encroachment toward the protected water feature when alterations to existing development are proposed, but does not prohibit such encroachments. Therefore, greenway review will be used to analyze such proposals and their alternatives.

3.07.340.D.3 Additions, alterations, rehabilitation or replacement of existing structures, roadways, driveways, accessory uses and development in the Water Quality and Flood Management Area may be allowed provided that:

a. The addition, alteration, rehabilitation or replacement is not inconsistent with applicable city and county regulations, and

b. The addition, alteration, rehabilitation or replacement does not encroach closer to the Protected Water Feature than the existing structures, roadways, driveways or accessory uses and development, and

c. The addition, alteration, rehabilitation or replacement satisfies section 3.07.340(C) of this title. (Erosion and Sedimentation Control).

Title 3 has a requirement for uncontained hazardous materials that is already met with Portland City Code Title 31 – Fire Regulations, and Title 17 – Public Improvements. The Planning Commission debated whether to include a reference to those regulations in the Zoning Code and decided it was not necessary.

3.07.340.B.2.e Uncontained areas of hazardous materials as defined by DEQ in the Water Quality Resource Area shall be prohibited.

1. Development landward of the greenway setback. ~~There are no special greenway restrictions for~~ Development, exterior alterations, excavations, and fills landward of the greenway setback are not required to be river-dependent or river-related and are subject to greenway review, unless exempt under 33.440.320, Exemptions. ~~However, all development, exterior alterations, excavations, and fills located in the River Natural zone or within 50 feet of the zone are also subject to greenway review.~~

2. Development within the greenway setback. Development, exterior alterations, excavations, or fills within the greenway setback that are river-dependent or river-related may be allowed if approved through greenway review, unless exempt under 33.440.320, Exemptions. Development, exterior alterations, excavations, or fills that are not river-dependent or river-related require greenway review and a Greenway Goal Exception to locate in the greenway setback.

3. Development riverward of the greenway setback. Riverward of the greenway setback, development, exterior alterations, excavations, or fills that are river-dependent or river-related may be allowed if approved through greenway review, unless exempt under 33.440.320, Exemptions. Development, exterior alterations, excavations, or fills that are not river-dependent or river-related require greenway review and a Greenway Goal Exception to locate riverward of the greenway setback.

The maximum floor area ratio (FAR) is 2 to 1 for the first 200 feet inland measured from the ordinary high water line, except in any of the following situations:

B. The site is located in the Central City plan district, where the plan district FAR limits apply; or

There are no changes to these sections, but it should be noted that they implement the Title 3 performance standard that requires the water quality resource area be "protected, maintained, enhanced, or restored".

C. Minimal disturbance is necessary in the river natural as well as the river water quality overlay zone.

A. Required landscaping. Landscaping must be provided to conserve or re-establish vegetative cover within or riverward of the greenway setback. The landscaping must comply with the standards specified below. This is in addition to any landscape requirements of other chapters of this Title. The greenway landscape requirements may be included in any overall percentage-of-site landscape requirements of the base zone. Landscaping is not required where it would significantly interfere with a river-dependent or river-related use or development, or where the Fire Marshal finds that it would pose a safety hazard.

B. Landscaping standards. Required greenway landscaping must comply with the standards stated below.

2. A minimum of one shrub for every two feet of river frontage. However, if the greenway trail is proposed to be wider than 12 feet, the shrub calculations will be based on a minimum of one shrub per 25 square feet of area within and riverward of the greenway setback that is not paved or reveted. Areas of high human use that provide public access to the river, such as a beach, are exempt from the shrub calculations.

3. Remaining areas which are not paved or reveted surfaces must have living ground cover.

4. All trees and shrubs are to be planted generally within and riverward of the greenway setback.

5. The standards are for calculation purposes only, and do not require or imply linear planting. Grouping of trees and shrubs is encouraged, particularly on the riverbank.

C. Native plants. All landscaping must comply with the native plant requirement of the Willamette Greenway Plan.

A. Purpose. Public recreational trails provide public access to and along both sides of the Willamette River. Public recreational trails are one of the tools used to comply with the public access requirements of the Comprehensive Plan and the Willamette Greenway Plan.

B. Public recreational trail requirements. All sites with a public recreational trail symbol shown on the Official Zoning Maps must comply with the requirements of Chapter 33.272, Public Recreational Trails, provide and install the official Greenway Trail signs as required by the Parks Bureau, and meet the trail design guidelines contained in the Willamette Greenway Plan.

C. Recreational trails in the River Natural and River Water Quality zones. Recreational trails must be designed to minimize disturbances on the natural environment of the River Natural and River Water Quality zone lands.

Nonconforming uses will follow greenway regulations, but changes to any development, conforming or not, will require a greenway review if the proposed changes are within the water quality overlay zone setback.

Here, as in Section 33.440.210.C, expansion of existing development towards the protected water feature will be analyzed through an alternatives analysis.

There have been requests to change the title of this section to “Nonconforming Situations” which is the title of the Zoning Code chapter, but because the greenway makes distinctions between “use” and “development” no changes are being made for this project. The reference to the chapter in the first paragraph will be changed to reflect the correct chapter title.

A. Purpose. Public viewpoints provide stopping places along the Greenway trail and the Willamette River where the public can view and enjoy the natural, scenic, recreational, and economic qualities of the Greenway. Public viewpoints are one of the tools used to comply with the public access requirements of the Comprehensive Plan and the Willamette Greenway Plan.

B. Viewpoint Requirements. All sites designated with a viewpoint symbol on the Willamette Greenway Plan are required to provide a public viewpoint. The viewpoint must meet the viewpoint design guidelines contained in the Willamette Greenway Plan. In addition, the viewpoint must comply with the Use of Trail, Hours of Use, Trespass, and Trail Maintenance and Liability sections of Chapter 33.272, Public Recreational Trails. In order to qualify for the maintenance and liability provisions, the viewpoint must be located along the physically continuous trail segment.

A. Purpose. View corridors provide visual access and connections to the river for neighborhoods and business districts who might otherwise be visually cut-off from the river. View corridors are generally extensions of existing public rights-of-way through to the river. View corridors are one tool used to comply with the public access requirements of the Comprehensive Plan and the Willamette Greenway Plan.

B. Provision of corridors. All view corridors identified in the Willamette Greenway Plan must meet the view corridor design guidelines contained in the Willamette Greenway Plan.

Nonconforming uses and development in the greenway zones are subject to the regulations and reviews of Chapter 33.258, Nonconforming ~~Uses and Development~~ Situations. The additional regulations stated below apply to development within or riverward of the greenway setback that is not river-dependent or river-related.

B. The development may be changed to an allowed river-dependent or river-related development by right.

C. The development may be changed to another nonconforming development if within a building. If it is outdoors, it may not be changed to another nonconforming development.

D. The development may be expanded, but not within or riverward of the greenway setback.

The purpose statement for greenway review is changing to accommodate the additional approval criteria for development in the River Water Quality overlay zone. The differences between the intent of the greenway zone and the water quality elements of Title 3 become apparent here: the greenway allows and encourages river-dependent and river-related uses, while Title 3 seeks to protect natural resources regardless of the use.

3.07.340.B.2.f. Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i. Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii. If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii. Where the development occurs, require mitigation to ensure that the functional values of the Water Quality Resource Area are restored.

Greenway review ensures that all proposed changes to a site are consistent with the Willamette Greenway Plan, ~~and~~ the Willamette Greenway design guidelines and, where applicable, the water quality element of Title 3 of Metro's Urban Growth Management Functional Plan. The purpose of greenway review is to ensure that:

• Development will not have a detrimental impact on the use and functioning of the river and abutting lands;

• Development will conserve, enhance and maintain the scenic qualities and natural habitat of lands along the river; ~~and~~

• Development will conserve the water surface of the river by limiting structures and fills riverward of the greenway setback;

• Practicable alternative development options are considered, including outside the River Water Quality zone setback; and

• Mitigation and enhancement activities are considered for development within the River Water Quality zone.

Unless exempted in 33.440.320 below, the following items are subject to greenway review:

B. Exterior alterations to development, including the removal of trees and shrubs and the application of herbicides;

C. A change of use or development within or riverward of the greenway setback, where the use or development is no longer river-dependent or river-related;

D. Changes to the land and structures in the water, including excavations and fills, bridges, and docks; and

E. The dedication or extension of rights-of-way and any new development or improvements in rights-of-way when within the River Natural zone or within or riverward of the greenway setback.

Title 3 allows exemptions for maintenance and repair; existing language captures the exemptions so few changes are proposed for this section.

A. No change. (Land zoned River Industrial – “i” – is exempt from the requirements of Title 3; the Planning Commission decided to remove properties with the River Industrial zone from the Title 3 map.)

B. Language added to ensure that river-dependent uses that locate in the River Recreational, River General, and River Natural zones are not subject to the review requirements of the River Water Quality zone.

3.07.340.B.2.g. Cities and counties may allow development for repair, replacement, or improvement of utility facilities so long as the Water Quality Resource Area is restored consistent with section 3.07.340.B.2.d.

h. The performance standards of section 3.07.340.B.2 do not apply to routine repair and maintenance of existing structures, roadways, driveways, utilities, accessory uses, and other development.

NOTE: Several property owners requested that code language be included to clarify when and if greenway review is required for DEQ-mandated clean-ups in the setback. OPDR is currently working on an Intergovernmental Agreement with DEQ that will be reviewed by the City Council for adoption, and will define the requirements for clean-up sites. OPDR does not feel there is a need for code language at this time.

Greenway review is not required for any of the situations listed below. The situations listed below are still subject to the Greenway development standards. The situations are:

A. As illustrated in Figure 440-23, alterations to development in the River Industrial zone that are outside of the areas listed below:

B. River-dependent development, exterior alterations, excavations, and fills in the River Water Quality zone are exempt from the requirements of 33.440.345 Supplemental Application Requirements and the approval criteria of 33.440.350.G.

BC. Alterations to development landward of the greenway setback when not in or within 50 feet of River Natural zoned land, that either do not require a building permit or are valued at less than $25,000;

CD. Changes to the interior of a building where there are no exterior alterations;

DE. Development of or changes to the greenway trail or access paths provided that all development standards including the standards of 33.272, Recreational Trails, are met. Development of or changes in a viewpoint or view corridor, as indicated on Map 440-1, will require greenway review;

J. Exemptions for emergencies is modified to reflect emergency procedure changes in other parts of the Zoning Code and to meet the requirements of Title 3. The language ensures that permanent measures will be reviewed once the emergency has passed. Sites adjacent to natural resources are subject to more disastrous impacts during storms - flooding, landslides, etc. While it is not the intent of the City to overregulate these sites, the mitigation and repair on the site must be done in a way that reflects sensitivity to the natural resource.

After the winter storms of 1996 and the multitude of properties that sustained damage, it became apparent that emergency repair had to occur right away. The Office of Planning and Development Review is willing to issue permits with the caveat that properties apply for environmental review after emergency repairs are complete. Inspectors and planning staff work closely with property owners to ensure that the emergency repairs are done in such a way that the impending environmental review will be satisfied. Non-emergency repairs follow the normal timeline for review.

3.07.320.B. This title does not apply to work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies provided that after the emergency has passed, adverse impacts are mitigated in accordance with the performance standards in section 3.07.340.

This section is required for projects applying for greenway review that are in the River Water Quality overlay zone setback. Like environmental review, more scrutiny is given to these proposals so a higher level of detail is required for the application.

EF. Activities allowed by the base zone which are usual and necessary for the use and enjoyment of an existing house, including the modification of existing accessory structures or facilities, and the construction of driveways;

GH. The normal maintenance and repair necessary for an existing development;

IJ. Emergency procedures necessary for the safety or protection of property. In the River Water Quality overlay zone setback, temporary emergency procedures for the safety or protection of property that result in permanent measures must meet the regulations of this chapter after the emergency has passed;

JK. The placement of up to 4 single piles, or 2 multiple-pile dolphins for each 100 feet of shoreline for an existing river-dependent or river-related use;

LM. Removal of vegetation identified as nuisance plants on the Portland Plant List.

N. ~~Activities on the interior of Ross and Hardtack Island that are conducted pursuant to the Ross Island management Plan.~~

All development that does not require a Greenway Goal Exception is processed through the Type II procedure. All development that requires a Greenway Goal Exception is processed through a Type III procedure, and must be approved by City Council. See 33.440.360 Greenway Goal Exception and Chapter 33.850, Statewide Planning Goal Exceptions.

OPDR will forward a copy of all applications for greenway review to the Parks and Recreation Division of the Oregon Department of Transportation. The applications will be sent certified mail-return receipt requested. The notice of decision on all greenway reviews will also be forwarded to the Parks and Recreation Division.

In addition to the application requirements of Section 33.730.060, Application Requirements, the following information is required for Greenway Review applications for development, exterior alterations, excavations, and fills in the River Water Quality overlay zone setback:

A. Supplemental Site Plans. One copy of each plan must be at a scale of at least one inch to 100 feet. Site plans must show existing conditions, proposed development, construction management, and mitigation in the setback.

a. Topography shown by contour lines at two foot vertical contours in areas of slope less than 10 percent and at five foot vertical contours in areas of slope ten percent or greater;

c. Distribution outline of shrubs and ground covers with a list of most abundant species;

Title 3 requires an alternatives analysis to determine if the proposed development is located where it will have the least impact on the functional values of the water quality resource area, including areas outside of the River Water Quality zone. The supplemental application requirements give review staff the information necessary to make that determination.

3.07.340.D.3.d. In determining appropriate conditions of approval, the affected city or county shall require the applicant to:

i. Demonstrate that no reasonably practicable alternative design or method of development exists that would have a lesser impact on the Water Quality Resource Area than the one proposed; and

iii. Provide mitigation to ensure that impacts to the functions and values of the Water Quality Resource Area will be mitigated or restored to the extent practicable.

e. Streams, wetlands, other water bodies, and drainage patterns, using arrows to indicate the direction of major drainage flow;

f. Existing improvements such as structures, buildings, utility lines, fences, paved areas, roads, culverts, and bridges;

g. Areas of known soil or groundwater contamination, areas of uncontained hazardous materials, and underground storage tanks; and

a. A grading plan showing proposed alteration of the ground at two foot vertical contours in areas of slopes less than 10 percent and at five foot vertical contours in areas of slopes ten percent or greater;

b. Proposed improvements such as structures, buildings, utility lines, fences, paved areas, roads, culverts, bridges; stormwater facilities; and

a. Detailed plans or drawings describing any proposed mitigation or remediation activities;

b. Distribution outline, species composition, and percent of ground covered with ground cover plants, shrubs, and trees to be seeded or planted;

c. Stormwater management features, including retention, infiltration, detention, discharges, and outfalls;

e. Planting specifications consistent with Section 33.248.090 Mitigation and Restoration Plantings.

1. Impact evaluation. An impact evaluation is required to determine compliance with the approval criteria and to evaluate development alternatives for a particular development. The alternatives must be evaluated on the basis of their impact on the functional values of the water quality resource area. The impact evaluation is based on the functional values identified in the Purpose Statement, Section 33.440.010. An impact evaluation includes:

a. Identification, by characteristics and quantity, of the functional values found on the site;

b. Evaluation of alternative locations including outside the River Water Quality overlay zone setback, design modification, or alternative methods of development to determine which options reduce the significant detrimental impacts on the functional values of the site; and

c. Determination of the alternative that best meets the applicable approval criteria and identification of significant detrimental impacts that are unavoidable.

2. Construction management plan. Identify measures that will be taken during construction or remediation to protect the remaining functional values at and near the construction site and a description of how undisturbed areas will be protected. For example, describe the timing of construction, how construction equipment will be controlled, and describe how trees will be protected in conformance with Section 33.248.065, and erosion controlled in conformance with Title 10, Erosion and Sediment Control Regulations.

3. Mitigation or remediation plan. The purpose of a mitigation or remediation plan is to counteract unavoidable significant detrimental impacts that result from the chosen development alternative as identified in the impact evaluation. A mitigation or remediation paln includes:

a. A description and analysis of how significant detrimental impacts will be avoided, minimized, or mitigated, as follows:

(2) Where avoiding significant detrimental impacts is not practicable, the impact must be minimized, and the impacts mitigated. The mitigation must meet the following:

• The mitigation must be on the construction site, and must enhance the same kind of resource.

• If it is not practicable to mitigate impacts using the same kind of resource, a different kind of resource may be used.

b. Functional values to be restored, created, or enhanced on the mitigation or remediation site

c. Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies;

f. Information showing compliance with Section 33.248.090, Mitigation and Restoration Plantings.

The only change here is structural – the old approval criteria “A” is not an approval criteria as much as it is a description of the section, so it has been moved and the rest of the approval criteria re-lettered.

The application of the approval criteria are not exclusive. So if a proposed development is in both the River Industrial and River Water Quality overlay zones, the approval criteria for both of those overlay zones must be addressed.

The approval criteria for a greenway review have been divided by location or situation. The divisions are not exclusive; a proposal must comply with all of the approval criteria which apply to the site. A greenway review application will be approved if the review body finds that the applicant has shown that all of the approval criteria are met.

~~A. Generally.~~ The approval criteria for a greenway review have been divided by location or situation. The divisions are not exclusive; a proposal must comply with all of the approval criteria which apply to the site. Requests for a greenway review will be approved if the review body finds that the applicant has shown that all of the appropriate approval criteria are met.

BA. For all greenway reviews. The Willamette Greenway design guidelines must be met for all greenway reviews.

CB. River frontage lots in the River Industrial zone. In the River Industrial zone, uses that are not river-dependent or river-related may locate on river frontage lots when the site is found to be unsuitable for river-dependent or river-related uses. Considerations include such constraints as the size or dimensions of the site, distance or isolation from other river-dependent or river-related uses, and inadequate river access for river-dependent uses.

DC. Development within the River Natural zone. The applicant must show that the proposed development, excavation, or fill within the River Natural zone will not have significant detrimental environmental impacts on the wildlife, wildlife habitat, and scenic qualities of the lands zoned River Natural. The criteria applies to the construction and long-range impacts of the proposal, and to any proposed mitigation measures. Excavations and fills are prohibited except in conjunction with approved development or for the purpose of wildlife habitat enhancement, riverbank enhancement, or mitigating significant riverbank erosion.

ED. Development on land within 50 feet of the River Natural zone. The applicant must show that the proposed development or fill on land within 50 feet of the River Natural zone will not have a significant detrimental environmental impact on the land in the River Natural zone.

FE. Development within the greenway setback. The applicant must show that the proposed development or fill within the greenway setback will not have a significant detrimental environmental impact on Rank I and II wildlife habitat areas on the riverbank. Habitat rankings are found in the "Lower Willamette River Wildlife Habitat Inventory".

GF. Development riverward of the greenway setback. The applicant must show that the proposed development or fill riverward of the greenway setback will comply with all of the following criteria:

1. The proposal will not result in the significant loss of biological productivity in the river;

b. Interfere with the commercial navigational use of the river, including transiting, turning, passing, and berthing movements;

4. The request will not significantly interfere with beaches that are open to the public.

Title 3 requires that an alternatives analysis for the proposed development be done, and that mitigation and restoration are required when development occurs. Because the research to determine the functional values of the Willamette River riparian zone has not been completed, the Metro definitions of functional values of the Title 3 water quality area (listed in the purpose statement, 33.440.010) will be used in the impact evaluation. The functional values include: providing a vegetated corridor to separate protected water features from development; maintaining or reducing stream temperatures; maintaining natural stream corridors; minimizing erosion, nutrient and pollutant loading into water; filtering, infiltration, and natural water purification; and stabilizing slopes to prevent landslides contributing to sedimentation of water features.

The approval criteria attempt to cover all types of development that may be proposed along the river. Some types of development are identified (streets, outfalls, trails, public safety facilities, for example) because they have specific impacts in the water quality resource area and the approval criteria are targeted to those impacts. Other types of development (such as buildings) are not identified but are dealt with as “other development” because they have “generic” impacts in the water quality resource area that can be covered with a general set of approval criteria.

3.07.340.B.2.f. Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i. Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii. If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii. Where the development occurs, require mitigation to ensure that the functional values of the Water Quality Resource Area are restored.

G. Development within the River Water Quality overlay zone setback. If the proposal includes development, exterior alterations, excavations, or fills in the River Water Quality overlay zone setback the following approval criteria must be met:

1. Streets, right-of-way dedications, driveways, walkways, outfalls, and utilities. For streets, right-of-way dedications, driveways, walkways, outfalls, and utilities, the applicant's impact evaluation must demonstrate that all of the following are met:

a. Proposed development or right-of-way (ROW) locations, designs, and construction methods have the least significant detrimental impact to the functional values of the water quality resource area than other practicable and significantly different alternatives including alternatives outside the River Water Quality overlay zone setback;

b. The location, design, and construction method of any outfall or utility proposed within a River Water Quality overlay zone has the least significant detrimental impact to the functional values of the water quality resource area than other practicable alternatives including alternatives outside the River Water Quality overlay zone setback;

c. Water bodies are crossed only when there are no practicable alternatives with fewer significant detrimental impacts. Where a water body is crossed, the location, design, and construction method of that crossing has the least significant detrimental impact to the functioning of the water body and considering practicable alternatives;

d. There will be no significant detrimental impact on functional values in areas designated to be left undisturbed within the River Water Quality overlay zone setback;

e. All significant detrimental impacts on functional values that cannot be avoided will be mitigated by meeting the requirements of subsection 33.440.350.H; and

f. The mitigation plan ensures that the proposed development will not contribute to a cumulative loss of functional values over time.

2. Public safety facilities. For public safety facilities, the applicant’s impact evaluation must demonstrate that all of the following are met:

a. Proposed development locations, designs, and construction methods have the least significant detrimental impact to functional values of the water quality resource area than other practicable and significantly different alternatives including alternatives outside the River Water Quality overlay zone setback;

b. There will be no significant detrimental impact on functional values in areas designated to be left undisturbed within the River Water Quality overlay zone setback;

c. All significant detrimental impacts on functional values will be offset through a mitigation plan;

e. The mitigation plan ensures that the proposed development will not contribute to a cumulative loss of functional values over time.

The approval criteria attempt to cover all types of development that may be proposed along the river. Some types of development are identified (resource enhancement and trails, for example) because they have specific impacts in the water quality resource area and the approval criteria are targeted to those impacts. Other types of development (such as buildings) are not identified but are dealt with as “other development” because they have “generic” impacts in the water quality resource area that can be covered with a general set of approval criteria.

3.07.340.B.2.f. Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i. Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii. If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii. Where the development occurs, require mitigation to ensure that the functional values of the Water Quality Resource Area are restored.

3. Resource enhancement projects. In the River Water Quality overlay zone setback, resource enhancement projects will be approved if the applicant's impact evaluation demonstrates that all of the following are met:

b. There will be a significant improvement of at least one functional value; and

c. The project is generally consistent with the recommendations of any applicable City-adopted watershed restoration plans.

4. Public recreational facilities. Public recreational trails, rest points, view points, and interpretative facilities will be approved if the applicant’s impact evaluation demonstrates that all of the following are met:

a. Proposed development locations, designs, and construction methods have the least significant detrimental impact to the functional values of the water quality resource area than other practicable and significantly different alternatives including alternatives outside the River Water Quality overlay zone setback;

b. Water bodies are crossed only when there are no practicable alternatives with fewer significant detrimental impacts. Where a water body is crossed, the location, design, and construction method of that crossing has the least significant detrimental impact to the natural functioning of the water body, considering practicable alternatives;

c. The public benefits of the proposal outweigh all significant detrimental impacts;

d. Areas disturbed during construction that do not contain permanent development will be restored with native vegetation appropriate to the site conditions and found on the Portland Plant List;

e. There will be no significant detrimental impact on functional values in areas designated to be left undisturbed within the River Water Quality overlay zone setback;

f. All significant detrimental impacts on functional values that cannot be avoided will be compensated for through a mitigation plan meeting the requirements of subsection 33.440.350.H; and

g. The mitigation plan ensures that the proposed development will not contribute to a cumulative loss of functional values over time.

3.07.340.B.2.f. Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i. Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii. If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii. Where the development occurs, require mitigation to ensure that the functional values of the Water Quality Resource Area are restored.

5. Other development, excavations, and fills in the River Water Quality overlay zone setback. Where development, exterior alterations, excavation, or fill is proposed in the River Water Quality overlay zone setback, the applicant's impact evaluation must demonstrate that all of the following are met:

a. Proposed development minimizes the loss of functional values, consistent with allowing those uses generally permitted or allowed in the greenway overlay zone without a land use review;

b. Proposed development locations, designs, and construction methods are less detrimental to the functional values of the water quality resource area that other practicable and significantly different alternatives including alternatives outside the River Water Quality overlay zone setback;

c. There will be no significant detrimental impact on functional values in areas designated to be left undisturbed;

d. Areas disturbed during construction that do not contain permanent development will be restored with native vegetation appropriate to the site conditions and found in the Portland Plant list;

e. All significant detrimental impacts on functional values will be offset through mitigation;

g. The mitigation plan ensures that the proposed development will not contribute to a cumulative loss of functional values over time; and

h. Where significant restoration or enhancement opportunities have been identified in City-adopted watershed restoration plans or where previous restoration projects have taken place, the proposed development will not preclude those restoration or enhancement opportunities or damage existing restoration projects.

H. Mitigation or Remediation Plans. Where a mitigation or remediation plan is required by the approval criteria of this chapter, the applicant's mitigation or remediation plan must demonstrate that the following are met:

1. Except when the purpose of the mitigation could be better provided elsewhere, mitigation will occur:

2. The applicant owns the mitigation or remediation site; possesses a legal instrument that is approved by the City (such as an easement or deed restriction) sufficient to carry out and ensure the success of the mitigation or remediation plan; or can demonstrate legal authority to acquire property through eminent domain;

3. The mitigation or remediation plan contains a construction timetable and a minimum 1 year monitoring and maintenance plan that demonstrates compliance with section 33.248.090.E and includes the following elements:

a. Identification of the responsible party or parties that will carry out the mitigation or remediation plan;

b. Identification of clear and objective performance benchmarks that will be used to judge the mitigation or remediation plan success; and

c. A contingency plan that indicates the actions to be taken in the event that performance benchmarks are not met.

A. When a greenway goal exception is required. Approval of an exception to Statewide Planning Goal 15 - Willamette Greenway, is required to locate a development or right-of-way that is not river-dependent or river-related within or riverward of the greenway setback. A greenway goal exception is not required to add revetments to a riverbank.

B. Approval criteria. Requests for greenway goal exceptions will be approved if the review body finds the applicant to have shown that all of the following approval criteria are met:

1. The proposed use is allowed in the base zone by right, with limitations, or as a conditional use;

2. The proposal will not have a significant adverse effect on the inventoried greenway values of the site or on abutting sites or water areas;

3. The proposal will not significantly reduce lands available for river-dependent or river-related uses within the City;

5. The intensification of existing uses or change in use must be limited, to the greatest possible degree, so that such lands will remain compatible with the preservation of the natural, scenic, historical, and recreational qualities of such lands;

6. The proposal cannot reasonably be accommodated in a location which does not require a goal exception;

7. Of all other potential locations within the greenway which require a goal exception, there are none with significantly better long-term environmental, economic, social, and energy consequences after mitigation measures;

8. The proposal is compatible with other adjacent uses, or will be so rendered through measures designed to reduce adverse impacts; and

9. Development and fills riverward of the greenway setback must show that there are no practical on-site alternatives which achieve the same level of public benefit.

Water Quality Resource Area. This definition is added because the phrase “water quality resource area” is used throughout the chapter, and it is unique and cannot be found in the dictionary.

River-Related. Cleanup projects may involve carrying out on-site processes, such as soil treatments or groundwater pumping, for periods of months or years. In some Greenway overlay zones, a Greenway Goal Exception is required to locate non-river-related development within or riverward of the greenway setback. It is not clear how the City will resolve this requirement with the need for remedial actions to be within or riverward of the greenway setback and the fact that these projects may be exempt from local procedural requirements.

In most cases, the contamination appears to exist on these properties as a result of industrial activities that were located along the Willamette River. These cleanup projects are beneficial to the river. For these reasons, OPDR recommends adopting this provision to eliminate the potential code conflict. Only the removal or remedial actions themselves will be defined as “river-related.” Other development will still be subject to the usual City procedural requirements.

Water quality resource area. The water quality resource area is a vegetated corridor and the adjacent protected water feature. The functional values of the water quality resource area include: providing a vegetated corridor to separate protected water features from development; maintaining or reducing stream temperatures; maintaining natural stream corridors; minimizing erosion, nutrient and pollutant loading into water; filtering, infiltration and natural water purification; and stabilizing slopes to prevent landslides contributing to sedimentation of water features.

River-Related. A use or development which is not directly dependent upon access to a water body but which provides goods or services that are directly associated with river-dependent land or waterway use or development, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Residences (including houseboats), parking areas, spoil and dump sites, roads and highways, restaurants, businesses, factories, and recreational vehicle parks are not generally considered dependent or related to water. Recreational trails and viewpoints adjacent to the river are river-related development. Bridge exit and entrance ramps supported by piers or pillars, as opposed to fill, are river-related development. Removal or remedial actions of hazardous substances conducted under ORS 465.200 through 465.510 and 465.900 are considered river-related development for the duration of the removal or remedial action.

(NOTE: slope measurement is due to change with the adoption of Code Maintenance 2002.)

The Zoning Code already provides a way to measure average slope, which is useful for this project. The result of the calculation is a fraction or decimal, so a second step is proposed to convert the result to percent, since the River Water Quality setback is expressed as a distance based on the percent of the slope.

Title 3 uses a 25 percent slope as the defining line between a 50-foot setback requirement and a 200-foot setback requirement from the top of bank. For the trigonometric-challenged, an easy way to think of slope is by “rise over run”. A slope that is 1:1 (rise:run) has a 45 degree angle, a 100 percent slope, and would look like a 12:12 pitch roof (i.e., very steep). A slope that is 1:4 rise:run has a 14 degree angle and a 25 percent slope. And a slope that is 1:10 has a 5.7 degree angle and a 10 percent slope. These examples are given in order of steepness, from most steep to least steep.

A. Average slope used. When calculating the slope of a lot an average slope is used based on the elevations at the corners of the lot. The average slope of a lot is calculated by subtracting the average elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two. See Figure 930-9.

B. Conversion of average slope to percent slope. Find average slope as described above, then multiply the result by 100.