§ 17.43.060. Waiver of Development Standards

A.

Waiver of Development Standards. If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and concession or incentive, in compliance with this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard.

B.

Application requirements. An application for a Waiver of a Development Standards Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Waiver of Development Standards Permit application, including the specific economic information described in the handout.

C.

Procedure. The procedure for a Waiver of Development Standards Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3). A Waiver of Development Standards Permit may be granted with approval by the Hearing Officer. The Hearing Officer may:

1.

Approve the waiver and/or reduction of development standard; or

2.

Deny the waiver and/or reduction of development standard; or

3.

Approve one or more waivers and/or reductions and deny one or more other waivers and/or reductions, if more than one waiver or reduction is described in the application.

D.

Findings. A Waiver of Development Standards Permit shall be approved upon making the following findings.

1.

The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project; and

2.

The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households.

3.

The waiver or reduction in a development standard is necessary because applications of the development standards would physically preclude construction of a project utilizing a density bonus, concession or incentive.

(Ord. 7169 § 14, 2009; Ord. 7160 § 29, 2009; Ord. 7056 § 3 (Exh. 1) (part), 2006)