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(a) Viable economic use or use of more than 33 percent of the property is not <br /> possible due to the presence of the waterway. <br /> (b) The use of the property would have been permitted within the property's <br /> zoning district. <br /> (c) The proposal is for the minimal impact to the waterway that would allow for <br /> viable economic use of the property. <br /> (d) If relocation or realignment is feasible, the applicant must meet the criteria for <br /> exemption in R- 6.650 -H. <br /> (e) An acceptable plan that meets the criteria of R- 6.650- E -2(b) shows how the <br /> property owner will mitigate for the loss of open waterway hydrological, ecological, and . <br /> water quality treatment functions. <br /> 3. Decision. The City Manager shall review the application and issue a decision thereon <br /> in the manner provided in R- 6.650 -I. <br /> R 6.650 -H Open Waterways - Relocation/Realignment (EC 6.660(4)). <br /> 1. Application. The owner of the property or permittee requesting approval of an <br /> exemption under EC Section 6.660(4) concerning relocation or realignment of an open waterway <br /> shall submit an application to the City Manager on a form prescribed by the City Manager for <br /> approval of the exemption. The application shall identify the exemption, describe the proposed <br /> improvements, include a narrative addressing criteria for avoiding relocation of certain open <br /> waterways such as headwater streams, and include one site plan that shows existing stream locations <br /> with hydrological, ecological and water quality treatment functions, and one site plan that shows the <br /> proposed relocation/realignment of the stream, depicting hillside topography. The application shall <br /> be accompanied by an application fee and any other required fees in the amounts established by the <br /> City Manager pursuant to Section 2.020 of the Eugene Code, 1971, and shall be signed by the <br /> property owner, or the owner's authorized agent. <br /> 2. Criteria for Approval. The City Manager shall approve, approve with conditions, <br /> or deny an application that has been determined to be complete based on compliance with the <br /> following criteria: <br /> (a) An acceptable plan must demonstrate that equal or better hydrological, <br /> ecological, and water quality treatment functions within the waterway will be provided in the <br /> new location or alignment. <br /> (b) The proposal does not impact a headwater tributary located south of 18 <br /> Administrative Order - 6 r oran„ ies\OOW .,pd(o6 /O8/OO) <br /> 4' <br />