17.48.120 Waivers of inclusionary housing requirement.
A. Notwithstanding any other provision of this chapter, the inclusionary housing requirements of Section 17.48.030 may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed residential development and the requirements of this section or that applying the requirements of this chapter would take property in violation of the United States or California Constitution.
B. Any request for a waiver, adjustment, or reduction under this section shall be submitted concurrently with the affordable housing plan required by Section 17.48.070. The request for a waiver, reduction, or adjustment shall set forth in detail the factual and legal basis for the claim.
C. The request for a waiver, adjustment, or reduction shall be revised and considered in the same manner and at the same time as the affordable housing plan. In making a determination on an application for waiver, adjustment or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim. The city may assume each of the following when applicable:
1. That the applicant will provide the most economically inclusionary units feasible meeting the requirements of this chapter;
2. That the applicant is likely to obtain housing subsidies when such funds are reasonably available;
3. The extent to which the applicant will benefit from inclusionary incentives under Section 17.48.040.
D. The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)