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De <br /> <br />The City may adopt subsequent amendments, revisions, and <br />refinements to the General Plan and its maps, so long as <br />such amendments are consistent with the terms and purposes <br />of this initiative , and so long as the terms of this initi- <br />ative are not amended thereby. <br /> <br />The minimum parcel size limitations of this initiative shall <br />not apply to parcels of record as of the date the Notice of <br />Intention to Circulate this initiative is published pursuant <br />to Elections Code sections 4003 and 4004. Such parcels may <br />be developed with a maximum of one residential unit, in a <br />single 2 acre development envelope. The remaining develop- <br />ment limitations of section 3.C. above shall continue to <br />apply. <br /> <br />This initiative is not intended, and shall not be applied or <br />construed, to authorize the City to exercise its powers in a <br />manner which will take private property for public use <br />without the payment of just compensation therefor, but shall <br />be interpreted, applied and implemented so as to accomplish <br />its purposes to the maximum constitutionally permissible <br />extent. If, despite the preceding paragraph, application of <br />this initiative ordinance to a specific property of record <br />as of its effective date would create a taking, then the <br />City Council may allow additional density or uses on said <br />property, upon the following findings, which must be sup- <br />ported by a preponderance of the evidence: <br /> <br />1) <br /> <br />2) <br /> <br />3) <br /> <br />the level of additional development permitted is the <br />minimum necessary to avoid a taking, <br />no lesser level of development would be sufficient to <br />avoid a taking, and <br />no density transfer programs as authorized by this <br />initiative or other law could be used to avoid a tak- <br />ing. <br /> <br />The findings required by this paragraph shall be based <br />on full environmental review and economic feasibility <br />studies which are circulated in the same manner as <br />Draft Environmnetal Impact Reports, and included in the <br />record. <br /> <br />Any approval of additional development under the preceding <br />paragraph shall be presented to the electors as an advisory <br />measure (i.e. non-binding referendum). <br /> <br />Section 6. <br /> <br />Severabilit¥ <br /> <br />If any portion of this initiative ordinance is hereafter deter- <br />mined to be invalid by a court of competent jurisdiction, all <br />remaining portions of this initiative ordinance shall remain in <br />full force and effect. Each section, subsection, sentence, <br />phrase, part, or portion of this initiative ordinance would have <br />been adopted and passed irrespective of the fact that any one or <br /> <br />4 <br /> <br /> <br />