A. Adjustments. The requirements of this chapter may be adjusted to propose an alternative method of compliance with the chapter in accordance with Section 17.32.060 (Alternative Methods of Compliance) by the city if the applicant demonstrates to the Planning Commission (or the City Council on appeal) that applying the requirement of this chapter would be contrary to the requirements of the laws or the constitutions of the United States or California.
B. Timing of Waiver Request. To receive an adjustment or waiver, the applicant must make an initial request of the Planning Commission for such an adjustment or waiver and provide an appropriate demonstration of the appropriateness of the adjustment or waiver when first applying to the Planning Commission for the review and approval of the proposed development plan or subdivision review as such review and approval is required by the City of Pinole Municipal Code.
C. Waiver and Adjustment Considerations. In making a determination on an application to adjust or waive the requirements of this chapter, the Planning Commission (or City Council on appeal) may assume each of the following when applicable:
1. That the applicant is subject to the affordable housing requirements of Chapter 17.32 (Affordable Housing Requirements);
2. The extent to which the applicant will benefit from affordable housing incentives under Section 17.32.040 (Incentives for On-Site Housing); and
3. That the applicant will be obligated to provide the most economical affordable housing units feasible in terms of construction, design, location, and tenure, and subject to the requirements of Chapter 17.32 (Affordable Housing Requirements). (Ord. 2010-02 § 1 (part), 2010)