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ORDINANCE NO. NS-1496 PAGE ELEVEN DIVISION 5: WAIVERS Sec. 34-351. When permitted A waiver may be granted from the requirements imposed by sections 34-313, 34-319, 34-333, 34-334, or 34- 335 or any combination thereof upon the following conditions: (1) The waiver must set forth a substitute standard to be satisfied by the subdivider which addresses the objectives of the requirement being waived. (2) The waiver must be based upon a finding that imposition of the strict requirements of this Division rather than the substitute standard of the waiver would either: (a) impose a financial hardship on the subdivider which would be disproportionate to any public benefit which would thereby be attained; or (b) preclude or unreasonably reduce the provision of significant design features or improvements, such as open space or recreational facilities, which are necessary or highly advantageous to the overall residential environment. Sec. 34-352. Procedure Waivers may be granted by the Planning Commission, subject to appeal by any interested person to the City Council, and subject to review and modification by the Council on its own initiative. The procedural, public hearing, and administrative fee requirements for a waiver shall be the same as those for a variance as set forth in Chapter 41 of this Code. Sec. 34-353. Timing Any application for a waiver for a common ownership project pursuant to this Article, or for any variance, conditional use permit, or minor exception which may be requested for such project under Chapter 41 of this Code, shall be filed and decided prior to the filing of the tentative map, unless the tentative map is accompanied by a waiver of the time limitations imposed by Sections 66452.1, 66452.2 and 66452.5 of the State Subdivision Map Act in order to allow for the processing of the waiver, variance, conditional use permit or minor exception. SECTION 6: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 41- 192, which said section reads as follows: Sec. 41-192. Exemption of certain condominiums and condominium conversions from conditional use permit requirement. Any condominium or condominium conversion for which a tentative map is processed subject to the regulations set forth in Article IX of Chapter 34 of this Code shall be exempted from any requirement to obtain a conditional use permit which would otherwise be imposed by any provision of this Chapter listing condominiums and condominium conversions