17.142.050 Exceptions.
A. The council may grant exceptions to the provisions of this chapter, subject to the findings listed in subsection B of this section. In granting an exception, the council may establish conditions to ensure the intent of general plan policies is met, as described in Section 17.142.070 (Conditions of Approval). The application requirements and procedures for an exception shall be as required for a conditional use permit, as provided in Chapter 17.110 (Minor Use Permits and Conditional Use Permits).
B. To grant an exception, the city council must make each of the following findings:
1. Approval of an exception is consistent with the general plan and specifically, with housing element policies regarding no net housing loss, affordable housing, and mixed uses in the downtown planning area.
2. Granting the exception will not adversely affect affordable housing opportunities for very low-, low-, or moderate-income persons, either individually or cumulatively.
3. The proposed project will not result in a significant loss of housing when compared with the total number of existing dwellings in the downtown core or downtown planning area outside the core.
4. Granting the exception will further the achievement of other community goals, such as removing substandard or dangerous housing, improving physical accessibility, rehabilitating a historic structure, or downtown beautification.
5. It is physically infeasible to rehabilitate or relocate the housing to be removed or converted.
6. No public purpose would be served by the strict enforcement of the no net loss policy due to mitigating factors (include specific mitigating factors). (Ord. 1650 § 3 (Exh. B), 2018)