(A) The requirements of this chapter may be modified or waived if the applicant demonstrates to the Director that application of this chapter would constitute a taking of property in violation of the United States or California Constitutions.
(B) An application for a waiver or modification must be made concurrently with GMA application.
(C) When determining whether to modify or waive the requirements of this chapter, the Director may assume each of the following when applicable:
(1) The applicant is subject to this chapter;
(2) The extent to which the applicant will benefit from incentives offered by this code;
(3) The applicant is obligated to provide the most economical inclusionary housing units feasible in terms of construction, design, location and tenure; and
(4) The applicant is likely to obtain other housing subsidies where such funds are reasonably available.
(D) The Director's decision is the city's final decision. An applicant may appeal the decision to a court of competent jurisdiction within 90 days after the decision in accordance with Cal. Civ. Pro. Code §1094.6.
(Ord. 1142, passed 11-7-05)
var val = document.getElementById('citecontent').innerHTML;
art.dialog.defaults.title = window.location.href;
art.dialog.data('cite', val);
art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');
