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<br />provisions of EC 9.4780 or EC 9.4790 shall be made consistent with <br />the following: <br />1. If the proposed adjustment is to allow a use that is otherwise <br />prohibited under EC 9.4780(4), one of the following shall apply: <br />a. General Use Adjustment. <br />(1) The proposed use is of similar nature to a specific <br />use listed in EC 9.4780(2) or (3); <br />(2) The applicant has submitted evidence through a <br />qualified professional that the proposed use will <br />have a water quality impact similar to the specific <br />use identified pursuant to a.(1) above; and <br />(3) The applicant has shown compliance with any <br />standards applicable to the specific use identified <br />pursuant to a.(1), above. <br />b. Public Transportation System Improvements. <br />(1) The use or activity is: <br />(a) Necessary to construct a transportation facility <br />included on a financially constrained or <br />illustrative table in the federally approved <br />Regional Transportation Plan; or <br />(b) Necessary to protect the public safety by <br />ensuring the structural integrity of existing <br />flood control structures; and <br />(2) The applicant has demonstrated that, based on the <br />city’s Water Quality Function Rating System (see EC <br />9.4782), the project will result in a water quality <br />function rating equal to or greater than previously <br />existed. <br />(3) If the applicant demonstrates that it is not feasible to <br />meet the standards described in (c)1.a.(3) above, the <br />applicant shall, instead, make improvements to <br />another /WQ waterway over which the applicant also <br />has management control. The applicant shall <br />demonstrate that, based on the city’s Water Quality <br />Function Rating System (see EC 9.4782), such <br />improvements will result in an increase in the water <br />quality function rating of that waterway by an <br />amount that is equal to or greater than the rating of <br />the subject waterway prior to the approved <br />adjustment. <br />2. If the proposed adjustment is to a development standard of EC <br />9.4790, the applicant has provided evidence that the proposed <br />alternative approach for effectively addressing a specific water <br />quality concern is equal to or greater than the standard that <br />would be otherwise required. <br /> <br /> <br /> Section 11. <br /> Subsection (1)(c) of Section 9.8055 of the Eugene Code, 1971, is <br />amended to provide: <br />9.8055 Cluster Subdivision- Approval Criteria - General. <br />The planning director shall <br />Ordinance - <br />22 <br /> <br />