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<br />finds, based upon substantial evidence, that the community has adequate child <br />care facilities. <br /> <br />6-3116 <br /> <br />Donation of Land <br /> <br />When an applicant for a tentative subdivision map, parcel map, or other residential development <br />approval donates land to the City that meets all of the requirements of California Government <br />Code Section 65915(h)(2), the applicant shall be entitled to a Density Bonus of at least 15 <br />percent, up to a maximum of 35 percent depending on the amount of land donated. This Section <br />shall not apply when the City requires a developer to donate land as a condition of development. <br />The Density Bonus authorized by this Section shall be in addition to any other Density Bonus <br />awarded pursuant to this Article, provided that the maximum combined Density Bonus for any <br />Housing Development shall be no more than 35 percent. <br /> <br />SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or <br />phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by <br />any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of <br />the remaining portions of this Ordinance or any part hereof. The City Council hereby declares <br />that it would have passed each section, subsection, subdivision, paragraph, sentence, clause and <br />phrase of the Ordinance irrespective ofthe fact that one or more of them would be declared <br />unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be <br />severable. <br /> <br />SECTION 3: This Ordinance shall take effect thirty (30) days after adoption. The City <br />Clerk is directed to publish the title once and post a complete copy thereof on the City Council <br />chamber bulletin board for five (5) days prior to adoption. <br /> <br />Introduced by Councilmember Santos on this 15th day of May, 2006, and passed to print <br />by the following vote: <br /> <br />Members of the Council: <br /> <br />AYES: Councilmembers Badger, Grant, Nardine, Santos, Starosciak, Stephens; <br />Mayor Young (7) <br /> <br />NOES: None (0) <br /> <br />ABSENT: None (0) <br /> <br />ATTEST: <br /> <br />~~ <br /> <br />Marian Handa, City Clerk <br /> <br />ORDINANCE NO. 2006-010 <br /> <br />13 <br /> <br />