1. Notwithstanding any other provision of this chapter, the requirements of this article may be waived, adjusted, or reduced if an Applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed Hotel Development Project and the requirements of this section, or that applying the requirements of this section would take property in violation of the United States or California Constitutions.
2. Any request for a waiver, adjustment, or reduction under this section shall be submitted to the City concurrently with the Affordable Housing Plan required by Section 51.45 of this Code. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.
3. The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the Affordable Housing Plan, and is subject to the appeal process for Affordable Housing Plans.
4. The waiver, adjustment, or reduction may be approved only after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.