A. Modification of Development Standard. Notwithstanding any development standard contained herein, upon application by the applicant, at the time of site plan and design review pursuant to Chapter 20.52, the planning commission or city council, as the case may be, may modify any development standard set forth in this chapter, subject to the conditions contained herein, if the findings set forth herein are made.
B. Conditions. Such modification shall only be approved if the findings set forth below are made and the project is subject to the following conditions:
1. The use of the property is permanently restricted by the recordation of easements or covenants, conditions and restrictions in a manner which exceeds the requirements otherwise provided in this chapter and which promotes the purposes hereof, or by conveyance to a public agency;
2. The restriction would limit development; increase setbacks; limit height; provide view corridor or view protection; promote natural resource preservation or conservation; protect areas of outstanding scenic, historical or cultural value; provide facade easements of the preservation of historic buildings or structures; promote areas for open space or passive recreation; provide recreational opportunity; or promote the public health, safety and general welfare;
3. The form of restriction shall be subject to the approval of the city attorney, shall make the city or other appropriate public agency a party, and be in such form as to permit enforcement by the city or such public agency, including the ability to secure any financial obligations of the grantor or covenantor.
C. Findings. In granting such approval, the planning commission or city council, as the case may be, shall find as follows:
1. The project is consistent with the general plan;
2. That the conditions imposed pursuant to this section will provide outstanding amenities or features which will promote the purposes of this chapter;
3. That the project if developed subject to the conditions contained in this section will more fully accomplish the purposes of this chapter than if developed pursuant to the standards contained herein which would otherwise apply;
4. That the project will not have an adverse impact on surrounding properties.
(Ord. 2008-07-1381 § 1 (part))