(a) Exemption. If an applicant for a Covered Project believes that circumstances exist that makes it infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the Applicant to show infeasibility.
(b) Application. If an applicant for a Covered Project believes such circumstances exist, the applicant may apply for an exemption at the time of application submittal in accordance with the Planning and Development Services administrative guidelines. The applicant shall indicate the maximum threshold of compliance the energy compliance design professional believes is feasible for the covered project and the circumstances that make it infeasible to fully comply with this chapter. Circumstances that constitute infeasibility include, but are not limited to the following:
(1) There is conflict with the compatibility of the currently adopted California Building Standards Code;
(2) There is a lack of commercially available materials and technologies to comply with the requirements of this chapter;
Applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.
(c) Granting of Exemption. If the Director of Planning and Development Services, or designee, determines that it is infeasible for the applicant to fully meet the requirements of this chapter based on the information provided, the Director, or designee, shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the Director, or designee, shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be achievable by the Director or designee.
(d) Denial of Exemption. If the Director of Planning and Development Services or designee determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the Director or designee shall so notify the applicant in writing. The project and compliance documentation shall be modified to comply with this chapter prior to further review of any pending planning or building application.
(e) Council Review of Exemption. For any covered project that requires review and action by the City Council, the Council shall act to grant or deny the exemption, based on the criteria outlined above, after recommendation by the Director of Planning and Development Services.
(Ord. 5627 § 2 (part), 2024)