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Subdivision, Tentative Plan Approval Criteria-General, where the applicant <br />proposes needed housing, as defined by the State statutes, the planning director <br />shall approve or approve with conditions a subdivision based on compliance with <br />the following criteria: <br />(3) <br />The proposed subdivision complies with all of the following, unless specifically <br />exempt from compliance through a code provision applicable to a special area <br />zone or overlay zone: <br />(a)EC 9.2000 through 9.3980regarding lot dimensionsand density <br />requirements for the subject zone. Within the /WR Water Resources <br />Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no <br />new lot may be created if more than 33% of the lot, as created, would <br />be occupied by either: <br />1.The combined area of the /WR conservation setback and any <br />portion of the Goal 5 Water Resource Site that extends landward <br />beyond the conservation setback; or <br />2.The /WQ Management Area. <br />Section 36 <br />.Subsection (3) of Section 9.8705 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />9.8705Applicability of Vacation Procedures. <br />(3) <br />Vacation of public ways and public easements may be applied for by private <br />citizens, public agencies, or the city council in accordance with EC 9.7000 <br />through 9.7835Application Procedures. <br />Section 37 <br />.Subsections (1) and (2) of Section 9.8710 of the Eugene Code, 1971, are <br />amended to provide as follows: <br />9.8710Vacations, Application Requirements. <br />(1) <br />Vacation of unimproved public easements shall be considered in accordance <br />with the Type I Application Procedures contained in EC 9.7000 through <br />9.7835and the approval criteria contained in EC 9.8715. In the case of public <br />utility easements, statements ofconcurrence with the vacation from affected <br />utility providers must be submitted with the application. <br />(2) <br />Vacation of improved public easements, unimproved public right-of-way, and <br />vacation and rededication of unimproved public rights-of-way, except <br />improved public easements and public right-of-way located within <br />undeveloped subdivision or partition plats, shall be considered in accordance <br />with the Type II Application Procedures contained in EC 9.7000 through <br />9.7835and the approval criteria contained in EC 9.8720. In the case of public <br />utility easements, letters of concurrence to the vacation from affected utility <br />providers must be submitted with the application. <br />Section 38 <br />.Section 9.8750 of the Eugene Code, 1971, is amended to provide as follows: <br />9.8750Purpose of Variances <br />. The provisions of EC 9.5750(9), 9.6708, and 9.8750 <br />Ordinance -Page 12of 15 <br />