(a) As part of an application for the first approval of a commercial development project, a developer may request that the requirements of this chapter be waived or modified by the decision-making body, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result, or because there is no reasonable relationship between the impact of the development and the need for affordable housing.
(1) Any request for a waiver or modification shall be submitted concurrently with the project application. The developer shall set forth in detail, the factual and legal basis for the claim, including all supporting technical documentation.
(2) Any request for a waiver or modification based on this section shall be reviewed and considered at the same time as the project application. The City Council may, from time to time, establish by resolution, a processing fee for review of any request for modification.
(b) The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings based on legal analysis and the evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification pursuant to this section.