(a) As part of an application for the first approval of a residential or nonresidential project, a developer may request that the requirements of this chapter be waived or modified by the city council, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result.
(b) The request for a waiver or modification shall set forth in detail the factual and legal basis for the claim.
(c) Any request for a waiver or modification shall be reviewed and considered at the same time as the project application or any affordable housing plan.
(d) The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the city attorney, after adoption of written findings, based on legal analysis and substantial evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification under this section.
(Ord. 5408 § 3 (part), 2017)