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market rate. The newly vacated unit must be comparable in size (for example, number of bedrooms, bathrooms, square footage, etc.) as the original unit. 6-3026 Adjustments, Waivers. The requirements of this Article may be adjusted or waived if the Developer demonstrates to the Approval Authority that there is not a reasonable relationship between the impact of a proposed Residential Development and the requirements of this Article, or that applying the requirement of this Article would take properly in violation of the United States or Califomia Constitutions. A. Timin To receive an adjustment or waiver, the Developer must make a showing when applying for a first approval for the Residential Development, and/or as part of any appeal that the City provides as part of the process for the first approval. B. Considerations. In making a determination on an application to adjust or waive the requirements of this Article, the Approval Authority may assume each of the following when applicable: (i) that the Developer is subject to the incusionary housing requirement or in-lieu fee; (ii) the extent to which the Developer will benefit from Inclusionary incentives under Section 6-3018; (iii) that the Developer will be obligated to provide the most economical Inclusionary Units feasible in terms of construction, design, location and tenure; and (iv) that the Developer is likely to obtain other housing subsidies where such funds are reasonably available. C. Modification of Plan. If the Approval Authority determines that the application of the provisions of this Article lacks a reasonable relationship between the impact of a proposed residential project and the requirements of this Article, or that applying the requirement of this Article would take property in violation of the United States or Califomia Constitutions, the Inclusionary Housing Plan shall be modified, adjusted or waived to reduce the obligations under this Article to the extent necessary to avoid an unconstitutional result. If the Approval Authority determines no violation of the United States or Califomia Constitutions would occur through application of this Article, the requirements of this Article remain applicable. 63028 Affordable Housing Trust Fund. A. The Trust Fund. There is hereby established a separate Affordable Housing Trust Fund ("Fund"). This Fund shall receive all fees contributed under Section 6-3012, as required in Section 66606(a) of the Califomia Government Code. The Fund may also receive monies from other sources. B. Purpose and Limitations. Monies deposited in the Fund must be used to increase and improve the supply of housing affordable to moderate-, low-, and very low- ORDINANCE NO. 2004-023 17