§ 8116-4.1. Requirements for waiver or modification of development standards.

(a)

Application. To qualify for a waiver or reduction of one (1) or more Development Standards, the applicant must submit a written application (together with an application for a Qualified Housing Development) that states the specific Development Standard(s) sought to be modified or waived and the basis of the request. (Government Code Section 65915(e)(1).) An applicant for a waiver or modification of Development Standard(s) pursuant to this Section may request a meeting with the Planning Director to review the proposal. If requested, the Planning Director or designee shall meet with the applicant. (Government Code Section 65915(e)(1).) An application for the waiver or reduction of Development Standard(s) pursuant to this Section shall neither reduce nor increase the number of Incentives to which the applicant is entitled pursuant to Section 8116-3. (Government Code Section 65915(e)(2).)

(b)

Findings. All of the following findings must be made for each waiver or reduction requested:

(1)

The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Article. (Government Code Section 65915(e)(1).)

(2)

The requested waiver or reduction of a development standard will not have a specific adverse impact upon health, safety, or the physical environment or, if such a specific adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact. (Government Code Section 65915(e)(1).)

(3)

The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Government Code Section 65915(e)(1).)

(4)

The requested waiver or reduction of a development standard is not contrary to state or federal law. (Government Code Section 65915(e)(1).)

(Ord. No. 4455, § 7, 10-22-2013)