At the time of issuing a building permit the director may authorize modifications of the public improvement regulations specified by the improvement standards upon making any of the following findings:
A. That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit is within an area subject to a specific plan which requires or authorizes the construction and installation of public improvements in accordance with alternative improvement standards specifically set forth therein, and that modification of the improvement standards, as set forth in Title 18 of this code, is necessary or appropriate in order that the public improvements to be constructed and installed incident to or as a condition of the issuance of the building permit will conform to the alternative improvement standards set forth in such specific plan;
B. That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit has been considered in an environmental impact report or a mitigated negative declaration prepared in the manner provided for by the California Environmental Quality Act, as set forth in Division 13 of the Public Resources Code (commencing with Section 21000), and the city’s environmental regulations, as set forth in Chapter 1.40 of this code, and that modification to the improvement standards, as set forth in Title 18R of this code, is necessary to mitigate significant environmental effects identified in such environmental impact report or mitigated negative declaration;
C. That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit is located in an area which contains existing public improvements which do not conform to the improvement standards, as set forth in Title 18R of this code, and that modifications of such improvement standards is necessary in order to make the public improvements to be constructed and installed incident to or as a condition of such building permit compatible with such existing and nonconforming public improvements;
D. That the building or structure to be constructed or installed incident to the issuance of such building permit is located on a lot or parcel which is of a size or shape and/or is affected by such topographical or soil conditions that render it impossible, impractical or undesirable in the particular case to conform to the improvement standards, as set forth in Title 18R of this code, and that modification of such improvement standards is necessary by reason of such characteristics or conditions of the lot or parcel;
E. That all or a portion of the building or structure to be constructed incident to the issuance of such building permit will be used for low income housing, lower income housing or senior citizen housing meeting the requirements of Chapter 4.3, Division 1, Title 7 of the California Government Code (commencing with Section 65915) and that modification of such improvement standards in the case of such building is demonstrably necessary in order to make such housing economically feasible.
(Ord. 1935 §2, Ord. 2113 §5, Ord. 2364 §139)