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(a) The applicant has submitted a report prepared by an Oregon licensed <br />civil engineer that demonstrates it is not technically or financially feasible <br />to construct the street in accordance with adopted plans and policies, <br />(b) The adjustment is necessary due to at least one of the following <br />conditions: <br />1. Existing on-site or off-site geologic or topographic conditions, or <br />existing wetlands designated for protection by the City of Eugene; or <br />2. Existing development on lands abutting the development site. <br /> <br /> <br />Section 26. Section 9.8045 of the Eugene Code, 1971, is amended to provide as follows: <br />9.8045 Applicability of Cluster Subdivisions. Cluster subdivision provisions shall <br />be applied when requested by the property owner and when the proposed <br />subdivision meets the definition of cluster subdivision in section 9.0500 of this <br />land use code. A subdivision application proposing housing to be reviewed <br />with clear and objective approval criteria shall be processed pursuant to EC <br />Objective. No development permit shall be issued by the city prior to approval <br />of the cluster subdivision. <br /> <br /> <br />Section 27. Subsection (1)(a) of Section 9.8055 of the Eugene Code, 1971, is amended <br />to provide as follows: <br />The planning <br />director shall approve, approve with conditions, or deny a proposed cluster <br />subdivision. Approval or approval with conditions shall be based on the following: <br />(1) The proposed subdivision complies with: <br />(a) EC 9.8515 Subdivision, Tentative Plan Approval Criteria- <br />General/Discretionary except for the standards related to EC 9.2760 <br />Residential Zone Lot Standards; and <br /> <br />* * * <br /> <br /> <br />Section 28. Section 9.8085 of the Eugene Code, 1971, is amended to provide as follows: <br />9.8085 Conditional Use Permit Application Requirements. <br />(1) Conditional use applications shall be processed in accordance with the <br />application procedures contained in EC 9.7000 through 9.7835, Application <br />Procedures. <br />(2) When a conditional use permit is required for the proposed use, no <br />development permit application shall be accepted by the city until the hearings <br />official or planning commission approves the conditional use permit, and then <br />only in accordance with the terms and conditions of that conditional use <br />permit. <br />(3) If the proposal includes housing, the written statement submitted with the <br />Ordinance - Page 21 of 34 <br /> <br />