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Sec. 41-1607 Deviations from Density Bonus and Affordable Housing Provisions <br /> <br /> (a) A deviation from the provisions of either section 41-1604 or section <br />41-1605, by wavier or modification of development or zoning standards as <br />specified in section 65915(h) of the state density bonus law, may be requested at <br />the time of application for development project plan approval pursuant to section <br />41-668 et seq. and after agreement between the developer and the housing <br />manager of the terms of a proposed density bonus agreement, and shall be <br />granted only if, following a noticed public hearing, the planning commission <br />approves or conditionally approves the application upon making the following <br />findings: <br /> <br />(1) The proposed development will materially assist in accomplishing <br />the goal of providing affordable housing opportunities in economically <br />balanced communities throughout the City. <br /> <br />(2) The development will not be inconsistent with the purpose of the <br />underlying zone or applicable designation in the general plan land use <br />element. <br /> <br />(3) The deviation is necessary to make it economically feasible for the <br />applicant to utilize a density bonus authorized for the development <br />pursuant to section 41-1603. <br /> <br /> (b) The decision of the planning commission on an application for <br />deviation from may be appealed to or placed before the city council pursuant to <br />section 41-645 of the Code. <br /> <br /> Section 4. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br />irrespective of the fact that any one or more sections, subsections, sentences, clauses, <br />phrases or portions be declared invalid or unconstitutional. <br /> <br />ADOPTED this 17th day of December, 2001. <br /> <br />orA. Pulidl0 <br /> <br />Ordinance No. NS-2485 <br /> / Page 5 of 6 <br /> <br /> <br />