A. After receiving a recommendation from the Planning Commission, the City Council may modify the requirements of the inclusionary provisions on a project basis upon submittal of a written request on a form established by the Planning Department for an exception and payment of the applicable fee equal to that for a variance by the developer, if the Council finds that alternate requirements will achieve the intent of the inclusionary program and are consistent with the General Plan. A hardship request may be submitted by a developer prior to and independent of submittal of a development project application.

B. After receiving a recommendation from the Planning Commission, the City Council may modify the requirements of the inclusionary provisions on a project basis upon submittal of a written request on a form established by the Planning Department for a hardship exception and payment of the applicable fee equal to that for a variance by the developer, if the Council finds that due to the particular circumstances as documented by the applicant, an undue hardship or a legal taking under the State or Federal constitutions would be imposed on the project, and that an alternative requirement will appropriately address the intent of the inclusionary program. If the Council so determines, the inclusionary requirement for the project shall be modified to reduce the obligations otherwise applicable to the extent and only to the extent necessary to avoid a hardship or taking. The applicant shall bear the burden of presenting substantial evidence to support the hardship determination. (Ord. 1111, 2018)