§126.0404 Findings for a Neighborhood Development Permit Approval

A Neighborhood Development Permit may be approved or conditionally approved only if the decision maker makes all of the findings in Section 126.0404(a) and the supplemental findings in Section 126.0404(b) through (h) that are applicable to the proposed development as specified in this section.

These findings are not required for affordable housing that is provided pursuant to Chapter 14, Article 3, Division 7, unless the development will exceed the allowed incentives or the development deviates from the Climate Action Plan Consistency Regulations as described in Section 143.1403(c).

• (a) Findings for all Neighborhood Development Permits

  • (1) The proposed development will not adversely affect the applicable land use plan ;

  • (2) The proposed development will not be detrimental to the public health, safety, and welfare; and

  • (3) The proposed development will comply with the applicable regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code.

• (b) Supplemental Findings--Environmentally Sensitive Lands

A Neighborhood Development Permit required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0404(a):

• (1) The site is physically suitable for the design and siting of the proposed development and the development will result in minimum disturbance to environmentally sensitive lands ;

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• (2) The proposed development will minimize the alteration of natural land forms and will not result in undue risk from geologic and erosional forces, flood hazards, or fire hazards;

• (3) The proposed development will be sited and designed to prevent adverse impacts on any adjacent environmentally sensitive lands

• (4) The proposed development will be consistent with the City of San Diego’s MSCP Subarea Plan and VPHCP .

• (5) The nature and extent of mitigation required as a condition of the permit is reasonably calculated to alleviate negative impacts created by the proposed development .

• (c) Supplemental Findings--Environmentally Sensitive Lands Deviation

A Neighborhood Development Permit required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands where a deviation is requested in accordance with Sections 143.0150, 143.0151, and 143.0920 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0404(a) and the supplemental findings in Section 126.0404(b):

• (1) There are no feasible measures that can further minimize the potential adverse effects on environmentally sensitive lands ; and

• (2) The deviation requested is the minimum necessary to afford relief from special circumstances or conditions applicable to the land and not of the applicant’s making.

• (d) Supplemental Findings-- Important Archaeological Sites and Traditional Cultural Properties

A Neighborhood Development Permit required in accordance with Section 143.0210 because of potential impacts to an important archaeological site or a traditional cultural property may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0404(a):

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• (1) The site is physically suitable for the design and siting of the proposed development , the development will result in minimum disturbance to historical resources , and measures to fully mitigate for any disturbance have been provided by the applicant ; and

• (2) All feasible measures to protect and preserve the special character or the special historical, archaeological, or cultural value of the resource have been provided by the applicant .

• (e) Supplemental Findings – Additional Intensity for Non-residential Development in the Brown Field or Montgomery Field Airport Influence Areas. The applicant shall demonstrate that the building has been designed to minimize risk and increase the safety of the occupants beyond the minimum requirements of the California Building Code through evaluation of the following:

  • (1) The proposed building provides increased fire resistant rated construction to prevent or delay fire-induced structural damage;

  • (2) The proposed building provides increased fire protection systems to allow occupants more time to exit the building and to delay the spread of fire to adjacent buildings;

  • (3) The building provides enhanced means for building egress; and

  • (4) The design of the building's structural systems addresses light aircraft impact loads to reduce the potential for structural damage.

• (f) Supplemental Findings -- Affordable Housing, In-Fill Projects, or Sustainable Buildings Deviation

A Neighborhood Development Permit required in accordance with Section 143.0915 because a deviation is requested in accordance with Section 143.0920 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0404(a):

• (1) The development will materially assist in accomplishing the goal of providing affordable housing, in-fill projects, or sustainable buildings opportunities; and

• (2) Any proposed deviations are appropriate for the proposed location.

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• (g) Supplemental Findings -- Development Incentive s for Preservation of Designated Historical Resources, Historical Districts, Traditional Cultural Properties and Important Archaeological Sites

A Neighborhood Development Permit required because a historic preservation development incentive is included in accordance with Section 143.0240 may be approved or conditionally approved only if the decision maker makes the findings in Section 126.0404(a) and at least one of the following supplemental findings :

• (1) The proposed development contains a traditional cultural property or important archaeological site , and the historic preservation development incentive is necessary to avoid impacts to the resource; or

• (2) The proposed development contains a designated historical resource or a contributing resource to a designated historical district and the historic preservation development incentive is required to comply with the U.S. Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties.

• (h) Supplemental Findings – Deviation from the Climate Action Plan Consistency Regulations

A Neighborhood Development Permit required in accordance with Section 143.1403(c) because a deviation from the Climate Action Plan Consistency Regulations may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0404(a):

• (1) The proposed deviation is the minimum necessary to afford relief from special circumstances or conditions of the land not of the applicant’s making; and

• (2) The development includes project features or other mitigating measures, to the extent feasible, that reduce greenhouse gas emissions and support and enhance alternative forms of transit in a manner comparable to compliance with the Climate Action Plan Consistency Regulations in Chapter 14, Article 3, Division 14.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000; amended 6-19-2000 by O-18814 N.S.)

(Amended 11-13-08 by O-19805 N.S; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

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(Amended 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 3-22-2018 by O-20920 N.S.; effective 4-21-2018.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 9-21-2022 by O-21528 N.S; effective 10-23-2022.)