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ATTY/ORD/2018/ORD.469/ADOPTING ARTICLE 29 & AMENDING SECTION 32.19 <br />REV: 05-15-18 PR <br />Page 12 of 28 <br />b. The average unit size in the project seeking to pay an in-lieu fee is 2,000 square feet or 4 bedrooms. 2. Any applicable in-lieu fees will be collected by the City prior to the issuance of the first building permit for the development. The fees shall be calculated based on the fee schedule in effect at the time the building permit is issued. 3. Unit Size. In projects where the market rate units all exceed 2,000 square feet, the size of the affordable units may be up to 20% smaller than the Market Rate Units. C. Approval of Off-Site Affordable Units. If a developer proposes off-site affordable units or any other alternative in the affordable housing plan required under Section 29.6 (Standards for Affordable Housing), the review authority may approve such a proposal if it finds the proposal meets all of the following conditions: 1. Financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units; and 2. The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, general plan, and zoning, and will not cause residential segregation. D. Other Alternatives. The City may consider an alternative mitigation program proposed by the developer and the Community Development Director, such as the provision of off-site affordable units, donation of land for the construction of affordable units, purchase of existing units for conversion to affordable units or alternatives to the Standards for Affordable Housing. E. Agreement with City for Financing. If the City enters into a financing agreement with the applicant, the parties may agree to alter the requirements of Section 29.6 (Standards for Affordable Housing). F. Significant Number of Affordable Units. If an applicant exceeds the maximum percentage of affordable units set forth in the state density bonus law for low or very low income rental or moderate income ownership units, the City will consider an applicant’s request to alter the requirements of Section 29.6 (Standards for Affordable Housing) in conjunction with its review of the planning application for the project and may reject or accept the request in its sole discretion. <br />29.9 Waiver of Requirements <br /> A. Timing of Request. A developer may apply for a reduction, adjustment, or waiver of the requirements of this Article as part of an application for the first approval of a planning or building permit for a residential development project. B. Application Requirements. The developer must show that applying the requirements of this Article would result in an unconstitutional taking of property or would result in any other unconstitutional result. The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. C. City Assumptions. The City may assume each of the following when applicable: <br />7.A. - Page 27