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<br />example, number of bedrooms, bathrooms, square footage, etc.) as the <br />original unit. <br /> <br />6-3026 Adjustments, Waivers. <br /> <br />The requirements of this Article may be adjusted or waived if the Developer demonstrates to the <br />Approval Authority that there is not a reasonable relationship between the impact of a <br />proposed Residential Development and the requirements of this Article, or that applying the <br />requirement of this Article would take property in violation of the United States or Califomia <br />Constitutions. <br /> <br />A. Timinq. To receive an adjustment or waiver, the Developer must make a showing <br />when applying for a first approval for the Residential Development, and/or as part of <br />any appeal that the City provides as part of the process for the first approval. <br /> <br />B. Considerations. In making a determination on an application to adjust or <br />waive the requirements of this Article, the Approval Authority may assume each <br />of the following when applicable: (i) that the Developer is subject to the inclusionary <br />housing requirement or in-lieu fee; (ii) the extent to which the Developer will <br />benefit from inclusionary incentives under Section 6-3018; (iii) that the Developer <br />will be obligated to provide the most economicallnclusionary Units feasible in <br />terms of construction, design, location and tenure; and (iv) that the Developer is <br />likely to obtain other housing subsidies where such funds are reasonably <br />available. <br /> <br />C. Modification of Plan. If the Approval Authority determines that the application of the <br />provisions of this Artide lacks a reasonable relationship between the impact of a <br />proposed residential project and the requirements of this Article, or that applying <br />the requirement of this Article would take property in violation of the United States <br />or California Constitutions, the Inclusionary Housing Plan shall be modified, <br />adjusted or waived to reduce the obligations under this Article to the extent <br />necessary to avoid an unconstitutional result. If the Approval Authority <br />determines no violation of the United States or California Constitutions would <br />occur through application of this Article, the requirements of this Article remain <br />applicable. <br /> <br />6-3028 Affordable Housing Trust Fund. <br /> <br />A. The Trust Fund. There is hereby established a separate Affordable <br />Housing Trust Fund ("Fund"). This Fund shall receive all fees contributed under <br />Section 6-3012, as required in Section 66606(a) of the Califomia Govemment <br />Code. The Fund may also receive monies from other sources. <br /> <br />B. Purpose and Limitations. Monies deposited in the Fund must be used to increase <br />and improve the supply of housing affordable to moderate-, low-, and very low- <br />income Households in the City. Monies may also be used to cover reasonable <br />administrative or related expenses associated with the administration of this <br />Article. <br /> <br />15 <br />