Certain uses and activities in the estuary zone are allowed only if determined to meet the resource capability and purpose of the zone in which the use or activity occurs. The purpose of this chapter is to establish a procedure for making a resource capability determination.
(Ord. 24-05, 6/5/2024)
A use or activity is consistent with the resource capabilities of the area when either the impacts of the use on estuarine species, habitats, biological productivity, and water quality are not significant or that the resources of the area are able to assimilate the use and activity and their effect and continue to function in a manner which conserves long-term renewable resources, natural biologic productivity, recreational and aesthetic values.
(Ord. 24-05, 6/5/2024)
The purpose of the estuary zone is to:
A. 
Assure the protection of fish and wildlife habitats;
B. 
Maintain the biological productivity within the estuary; and
C. 
Provide for low-intensity uses that do not require major alterations of the estuary.
(Ord. 24-05, 6/5/2024)
In order to determine whether a use or activity is consistent with the resource capability and purpose of the zone for which the use or activity is proposed, the following procedure is required:
A. 
Identification of the area in which the activity is proposed, and the resources of the area;
B. 
Identification of adverse impacts of the proposed use or activity on the resource identified in subsection A of this section. This information is included in Chapter 17.104, Impact Assessment Procedure;
C. 
Determination of whether the resources can continue to achieve the purpose of the zone in which the use or activity is proposed.
(Ord. 24-05, 6/5/2024)
A. 
The applicant for a proposed use or activity in which a resource capability determination must be made shall submit the following:
1. 
Information on resources present in the area in which the use or activity is proposed;
2. 
Impact assessment as specified in Chapter 17.104, Impact Assessment Procedure. (Federal environmental impact statements or environmental assessments may be substituted if available at the time of the permit request.)
B. 
If, in the course of review, additional information is required to satisfy the provisions of this chapter, notification shall be made to the applicant outlining the additional information needed and the reason. Although the applicant shall be responsible for providing all necessary information, the city will assist the applicant in identifying inventory sources and information.
C. 
Identification of resources shall include both environmental (e.g., aquatic life and habitat present, benthic populations, migration routes), and social and economic factors.
(Ord. 24-05, 6/5/2024)
A. 
A resource capability determination for a use or activity identified in this title as a conditional use shall be made in accordance with the conditional use procedure set forth in Chapter 17.86.
B. 
Public notice of development proposals which require determination of consistency with resource capabilities shall be sent to state and federal resource agencies with mandates and authorities for planning, permit issuance and resource decision-making. These are: Oregon Department of Fish and Wildlife, Oregon Division of State Lands, Oregon Department of Land Conservation and Development, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, and the U.S. Army Corps of Engineers.
(Ord. 24-05, 6/5/2024)