Requirements for waiver or modification of development standards:
(A) Application - To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request. (Cal. Gov’t Code, Section 65915(e)(1)) An applicant for a waiver or modification of development standard(s) pursuant to this section may request a meeting with the director to review the proposal. If requested, the director shall meet with the applicant. (Cal. Gov’t Code, Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 16-410L. (Cal. Gov’t Code, Section 65915(e)(2))
(B) To deny the requested waiver or reduction of development standard(s) outside of the coastal zone, the city shall make a written finding, based upon substantial evidence, of any of the following:
(1) The requested waiver or reduction of development standard(s) would have a specific adverse impact (as defined in Cal. Gov’t Code, Section 65589.5(d)(2)) upon public health and safety or the physical environment or on any real 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 without rendering the development unaffordable to very low, low-income, and moderate-income households.
(2) The requested waiver or reduction of development standard(s) would be contrary to State or federal law.
(C) Within the coastal zone, the city shall deny the requested waiver or reduction of development standard(s) if it finds that the requested waiver or reduction of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(D) Granting application for waiver or modification of development standards - If the requirements of sections 16-410O(A) and (B) are satisfied, the application for waiver or modification of development standard(s) shall be granted, unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(E) If the requirements of sections 16-410O(A) and (B) are satisfied, the city shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Division 7A (Cal. Gov’t Code, Section § 65915(e)(1)) unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
(Ord. No. 2912)