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[(5) <br /> Any person aggrieved by administrative action of the city manager or <br />designee taken under the provisions of this section may appeal the action as <br />provided in section 2.021 of this code. When rendering a decision the <br />hearings official shall consider the provisions of subsections 7.385(1) and (2) <br />of this code as well as the criteria in section 5.055 of this code.] <br /> <br />Section 7. <br /> Section 7.405 of the Eugene Code, 1971, is repealed. <br />[7.405 Driveways - Prohibited Locations, Special Requirements and Revocation <br />. <br />(1) <br /> No driveway approach shall be permitted to encompass a municipal facility. <br />Under the permit, the applicant may be authorized to relocate a municipal <br />facility, including any within the limits of a curb return which may be <br />encroached upon as allowed under subsection 7.405(3). <br />(2) <br /> Properties at intersections shall have the driveway apron begin no less than <br />20 feet from the end of the radius of the curb, or 20 feet from the property <br />corner if there is no curb. <br />(3) <br /> The Public Works Department shall maintain a street classification map or <br />other map showing major streets that require special regulation of driveway <br />approaches. The map and subsequent changes thereto shall be approved by <br />the planning commission. All applications for driveway approaches on streets <br />shown on the map and all commercial and industrial land uses shall be <br />reviewed by the city manager or the manager's designee who may alter <br />driveway approach requirements from standards provided in this code, based <br />on the following: <br />(a) To maximize safety for vehicular traffic, or <br />(b) To provide adequate protection for pedestrians and bicyclists; or <br />(c) To provide protection for establishments using streets for their service <br />facilities. <br />(4) <br /> If a parcel has frontage on two or more streets of different street <br />classifications, where practical, the driveway shall access only the street with <br />the lowest classification. <br /> (5) <br /> The city manager or the manager's designee shall have the right, after due <br />notice to affected property owners and tenants, to alter and to revoke curb cut <br />permits when curb cuts are not constructed according to specification, are not <br />maintained in a safe manner, or become hazardous due to traffic congestion. <br />(6) <br /> Any person aggrieved by administrative action of the city manager or the <br />manager's designee taken under the provisions of this section may appeal the <br />action to a hearings official in the same manner as provided in section 5.045. <br />When rendering a decision the hearings official shall consider the criteria in <br />subsection 7.405(3) as well as the criteria in section 5.055 of this code.] <br /> <br />Section 8. <br /> Subsection (1) of Section 7.407 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />7.407 Equivalent Street Assessment <br />. <br />(1) <br /> In addition to any application or permit fee required by section [7.405] 7.385, <br />when the owner of real property is required to obtain an access connection <br />[curb cut] permit to take access onto a street for which the city has given a <br />Ordinance - Page 5 of 12 <br /> <br />09-PW-7-Access.Mangement / Ord-Ch.7.(v2) <br />