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Section 23. <br /> Section 9.7685 of the Eugene Code, 1971, is amended by adding a new <br />subsection (3) to provide as follows: <br />9.7685 Notice of Decision. <br />(3) <br /> Responsibility and procedures for mailing the notice described in this section <br />may be established by administrative rule of the city manager pursuant to <br />section 2.019 of this code. <br /> Section 24. <br /> Section 9.8007 of the Eugene Code, 1971, is added to provide as follows: <br />9.8007 Notice. <br /> Where EC 9.7100-9.7685, or administrative rules referenced in those code <br />sections, require an applicant to mail, post or publish notice, the city shall not <br />approve the subject application(s) if the applicant has not submitted a signed <br />affidavit of notice affirming that the applicant has provided notice as required. <br /> Section 25. <br /> Subsection (16) of Section 9.8030 of the Eugene Code, 1971, is amended <br />to provide as follows: <br />9.8030 Adjustment Review - Approval Criteria. <br />The planning director shall approve, <br />conditionally approve, or deny an adjustment review application. Approval or <br />conditional approval shall be based on compliance with the following applicable <br />criteria. <br />(16) Downtown Plan Area. <br /> Where this land use code provides that a <br />development standard applicable within the Downtown Plan Area as shown on <br />Map 9.2161(6) Downtown Plan Map may be adjusted, approval of the request <br />shall be given if the applicant demonstrates consistency with all of the <br />following: <br />(a) The requested adjustment will allow the project to achieve an equivalent <br />or higher quality design than would result from strict adherence to the <br />standards through: <br />1. A building orientation, massing, articulation and façade that <br />contribute positively to the surrounding urban environment; and <br />2. An overall site and building design that creates a safe and <br />attractive pedestrian environment. Design elements for this <br />purpose may include special architectural design features, high <br />quality materials, outdoor seating, pedestrian-scaled lighting, <br />prominent entries facing the street, multiple openings or windows, <br />and a significant use of clear, untinted glass. <br />(b) Impacts to any adjacent residentially-zoned property are minimized. <br />Design elements for this purpose may include treatment of building <br />massing, setbacks, screening and landscaping. <br />(c) For adjustments pursuant to EC 9.2171(13) only, placing utilities <br />underground would be unreasonably onerous to the applicant. <br />Section 26. <br /> The City Recorder, at the request of, or with the concurrence of the City <br />Attorney, is authorized to administratively correct any reference errors contained herein or in <br />Ordinance - Page 12 of 13 <br />