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If the requested modification does not meet the criteria for approval, the application <br />wSll be denied. The applicant may submit the requested modification as a new <br />conditional use permit application based on Type III procedural requirements. <br />Nothing in this land use code shall preclude the applicant from initially submitting the <br />requested modification as a new conditional use permk application. <br /> <br />Section 38. Subsection (1)(d) and (1)(e) of Section 9.8215 of the Eugene Code, 1971, are <br /> <br />amended to provide: <br /> <br />9,8215 <br /> <br />P_artition, Temative Plan A_~roval Criteria- General. The planrfing director shall <br />approve, approve with conditions, or deny a partition, with findings and conclusions. <br />Approval, or approval with conditions, shall be based on compliance with the <br />following criteria: <br />(1) The proposed partition complies with all of the following: <br /> <br />(d) EC 9.6706 Develop_ment in Flood Plains through EC 9.6709 Special Flood <br /> Hazard Areas - Standards. <br />(e) EC 9.6710 Geological and Geotechnical Analysis. <br /> <br />Se~_ction 39. Subsections (2)(d) and (2)(e) of Section 9.8220 of the Eugene Code, 1971, are <br /> <br />arr~ended to provide: <br /> <br />9.8220 <br /> <br />Pgrti~[on, T~gta oval Criteria- Needed Hgusing, The planning <br />director shall approve, conditionally approve, or deny the partition application. <br />Unless the applicant elects to use the general criteria contained in EC 9.8215 <br />P~rtition~ Ten.t_ative Plan A_12proval Criteria- General..., where the applicant proposes <br />needed housing, as defined by the State statutes, the planning director shall approve or <br />approve with conditions a partition based on compliance with the following criteria: <br /> <br />(2) The proposed partition complies with all of the following: <br /> <br />(d) EC 9.6706 Develop__ment in Flood Plains through EC 9.6709.8_pecial Flood <br /> Hazard Areas - Standards. <br />(e) EC 9.6710 Geological and Geotechnical Analysis. <br /> <br />Section 4{}. Subsection (1) of Section 9.8305 of the Eugene Code, 1971, is amended to <br /> <br />provide: <br /> <br />9.8305 <br /> <br />A_~plica~[!ity_'. PUD provisions shall be applied when any of the following conditions <br />exist: <br />(1) The proposal is subject to review and approval through the PUD process <br /> according to an adopted refinement plan, including but not limited to, property <br /> <br />Ordinance - 21 <br /> <br /> <br />