§ 6-3715. Reductions, adjustments, or waivers.

(a)

A developer of a project subject to the requirements in this chapter may petition the city council for a reduction, adjustment, or waiver of these requirements based upon substantial evidence showing the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirements.

(b)

A project subject to the requirements of this chapter and which has received approval for a tentative subdivision or parcel map, use permit or other discretionary approval and submits a new or revised application for the same property may petition for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.

(c)

Any such petition shall be made in writing and filed with the planning and building department, along with the required fee established by city council resolution, not later than ten days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the developer is protesting an action taken pursuant to this ordinance after the first public hearing on such permit or approval, then the petition shall be filed within ten days after the date of the action objected to by the developer. The petition shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.

(d)

The city council shall consider the petition at the public hearing on the permit application or at a separate hearing within sixty days after the filing of the petition, the appellant shall bear the burden of presenting substantial evidence to support the petition including comparable technical information to support petitioner's position.

(e)

No waiver shall be granted by the city council for a new project where a prior project was approved within the last three years unless the city council finds that:

(1)

The new project is superior to the approved project both in its design and its mitigation of environmental impacts,

(2)

Adequate affordable housing already exists in that the aggregate of new or substantially rehabilitated dwelling units within the downtown makes available more than 15 percent of such units at affordable housing cost to, and occupied by, persons and families of low and moderate income, and of such 15 percent, not less than 40 percent thereof is available at affordable housing cost to, and occupied by, very low-income households, or

(3)

Exceptions to the affordable housing requirements will result in a better project that better meets the city's housing goals.

(f)

The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the waiver, adjustment, or inclusionary requirements unless such change is approved by the city in advance.

(Ord. No. 645, § 4(exh. A), 6-13-2016; Ord. No. 659, § 4(exh. A), 9-25-2017; Ord. No. 663, § 1(exh. A), 6-25-2018)