23.328.040 Waiver or Modification of Affordable Housing Requirements.
A. The City Manager or their designee may waive or modify up to fifty percent of the requirements of this Chapter at their sole discretion where any of the following conditions are established:
1. A project providing low- or moderate-income housing is funded in whole or in part by the City’s Housing Trust Fund program;
2. The implementation of the requirements of this Chapter would violate the rights of any person under the California or United States Constitutions, any federal law, or any state law governing a matter of statewide concern and applicable to a charter city; or
3. The benefits of the project to the City outweigh the detriment of foregoing the provision of Affordable Housing or the contribution of In-Lieu fees to the Housing Trust Fund program. In weighing the benefits and detriment to the City, the following factors may be considered:
(a) The impact of the requirements of this Chapter on the feasibility of a Housing Development Project;
(b) Other economically beneficial uses of the Applicant’s property;
(c) The burdens the Housing Development Project places on the City in terms of increased demand for affordable housing, childcare, public facilities or amenities, or other impacts which reasonably may be anticipated to be generated by or attributable to the Housing Development Project; and
(d) The impact on the Housing Trust Fund program of foregoing the payment of any In-Lieu fee that would otherwise be made.
B. Waivers or modifications greater than fifty percent of the amount which otherwise would be required by this Chapter shall be subject to the approval of City Council.
C. The Applicant shall bear the burden of proof to establish eligibility for a waiver or modification of the requirements of this Chapter. (Ord. 7853-NS § 2, 2023)