The City Planning Commission may authorize modification of the provisions of Sections 136-323 (Private streets) and 136-324 (Publicly accessible open space requirements), provided that the Commission shall find that:
(a) the usefulness and attractiveness of the publicly accessible open space will be improved by the proposed design and layout;
(b) such modification to private street provisions will result in a private street network that will ensure pedestrian and vehicular mobility and safety and will be well integrated with the surrounding streets; and
(c) such modification will result in a superior urban design relationship with surrounding buildings and open areas, including streets and private streets.
The Commission may prescribe appropriate conditions and controls to enhance the relationship of such publicly accessible open spaces and private streets to surrounding buildings and open areas.
For developments or enlargements containing only income-restricted housing units, affordable independent residences for seniors, or other government-assisted dwelling units, the City Planning Commission may authorize modifications of:
(a) yard regulations;
(b) regulations governing the minimum required distance between buildings on the same zoning lot, provided that no waiver shall authorize a minimum distance of less than 40 feet; and
(c) regulations governing the minimum required distance between legally required windows and walls or lot lines, provided that no waiver shall authorize a minimum of less than 20 feet between legally required windows and walls or lot lines.
The Commission shall find that such modifications:
(1) will aid in achieving the general purposes and intent of this Chapter as set forth in Section 136-00 (GENERAL PURPOSES);
(2) will provide a better distribution of bulk on the zoning lot, resulting in a superior site plan, in which the buildings subject to this authorization and any associated open areas will relate harmoniously with one another and with adjacent buildings and open areas; and
(3) will not unduly increase the bulk of any building or unduly obstruct access of adequate light and air to the detriment of the occupants or users of buildings on the block or nearby blocks, or of people using the public streets and other public spaces.
The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.