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A. After receiving a recommendation from the Planning Commission, the City Council may modify the requirements of the inclusionary provisions on a project basis upon submittal of a written request on a form established by the Planning Department for the approval of alternate inclusionary requirements and payment of the applicable fee equal to that for a major use permit by the developer, if the Council finds that alternate requirements will achieve the intent of the inclusionary program and are consistent with the General Plan.

B. If the Council so determines, the inclusionary requirements for the project shall be modified to change the inclusionary housing obligations to the alternative requirements proposed by the developer, and these requirements shall become a condition of the project. The applicant shall bear the burden of presenting substantial evidence to demonstrate that the alternative requirements meet the intent of this section.

C. A request to modify the inclusionary provisions of this chapter based on this section may be submitted by a developer prior to and independent of submittal of a development project application. (Ord. 1111, 2018)