Reductions and exceptions to the impact fee and in-lieu housing production mitigation
measures may be granted to a development project by the City Administrator or his
or her designee(s) pursuant to Section 15.68.090 only if (1) the development project is rendered infeasible by imposition of all or
a portion of the impact fee or the housing production mitigation measures, there are
demonstrated special circumstances unique to the financing or economics of the project
not generally applicable to other projects, and no feasible alternative means of compliance
are available which would be more effective in attaining the purposes of this Chapter
than the relief requested, or (2) the development project will not generate any need
for additional affordable housing, or the increase in such need will be limited so
as to justify a reduced impact fee or reduced housing production mitigation obligation.
The burden of establishing by satisfactory factual proof the applicability and elements
of this Section shall be on the applicant. For purposes of this Section, "infeasible"
means incapable of being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, legal, and technological factors.
