§ 17.107.095. Waiver of development standards.

A.

Per California Government Code 65915(e)(1), in no case may a city apply any development standard that will have the effect of physically precluding the construction of a development meeting the category criteria in Subsection 17.107.040.A. at the densities or with the concessions or incentives permitted by this chapter. An applicant may submit a proposal for the waiver or reduction of any development standard that will have the effect of physically precluding the construction of a development meeting the category criteria in Subsection 17.107.040.A. at the densities, or with the concessions or incentives permitted under this chapter. Nothing in this section shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction results in any of the following:

1.

A specific, adverse impact, as defined in Paragraph (2) of Subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

2.

An adverse impact on any real property that is listed in the California Register of Historical Resources; or

3.

The waiver or reduction that would be contrary to State or Federal law.

B.

The granting of an incentive or concession shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change or other discretionary approval. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce, nor increase, the number of incentives or concessions to which the applicant is entitled.

(Ord. No. 13224, § 3(Exh. A), 4-22-2014)