A. An applicant may submit to the town a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of a housing development that meets the criteria of subsection 9.47.020C of this chapter at the densities or with the concessions or incentives permitted by this chapter, and may request a meeting with the director. Such proposal may not increase the number of incentives or concessions that the applicant is entitled to under section 9.47.030 of this chapter.
B. The planning commission shall waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in California register of historical resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2. The waiver or reduction would be contrary to state or federal law. (Ord. 254, 12-16-2014)