§126.0505 Findings for Site Development Permit Approval

A Site Development Permit may be approved or conditionally approved only if the decision maker makes all of the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b) through (m) that are applicable to the proposed development as specified in this section.

• (a) Findings for all Site 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 regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code.

• (b) Supplemental Findings--Environmentally Sensitive Lands

A Site 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 126.0505(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 ;

• (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 Multiple Species Conservation Program (MSCP) Subarea Plan and Vernal Pool Habitat Conservation Plan ( VPHCP );

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• (5) The proposed development will not contribute to the erosion of public beaches or adversely impact local shoreline sand supply; and

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

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

A Site 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 Section 143.0150 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b):

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

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

• (d) Supplemental Findings --Environmentally Sensitive Lands Deviation from Federal Emergency Management Agency Regulations

A Site Development Permit required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands where a deviation is requested from the Special Flood Hazard Area regulations as specified in Section 143.0150(b) may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a) and the supplemental findings in Sections 126.0505(b) and 126.0505(c):

• (1) The City Engineer has determined that the proposed development within a designated floodway will not result in an increase in flood levels during the base flood discharge except as allowed under Code of Federal Regulations Title 44, Chapter 1, Part 60.3(c)(13);

• (2) The City Engineer has determined that the deviation would not result in additional threats to public safety, extraordinary public expense, or create a public nuisance .

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• (e) Supplemental Findings--Steep Hillsides Development Area Regulations Alternative Compliance

A Site Development Permit required in accordance with Section 143.0110 because of potential impacts to steep hillsides where alternative compliance is requested in accordance with Section 143.0151 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b):

• (1) The proposed development is in conformance with the Steep Hillside Guidelines;

• (2) The proposed development conforms to the applicable land use plan and

• (3) Strict application of the steep hillside development area regulations would result in conflicts with other City regulations, policies, or plans.

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

A Site Development Permit required in accordance with Section 143.0210 because of potential impacts to an important archaeological site or 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 126.0505(a):

• (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, architectural, archaeological, or cultural value of the resource have been provided by the applicant .

• (g) Supplemental Findings--Historical Resources Deviation for Important Archaeological Sites and Traditional Cultural Properties

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A Site Development Permit required in accordance with Section 143.0210 because of potential impacts to an important archaeological site or traditional cultural property where a deviation is requested in accordance with Section 143.0260 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) There are no feasible measures, including a less environmentally damaging location or alternative, that can further minimize the potential adverse effects on historical resources ;

• (2) The proposed deviation is the minimum necessary to afford relief and accommodate the development and all feasible measures to mitigate for the loss of any portion of the resource have been provided by the applicant ; and

• (3) There are special circumstances or conditions apart from the existence of historical resources , applying to the land that are peculiar to the land and are not of the applicant’s making, whereby the strict application of the provisions of the historical resources regulations would deprive the property owner of reasonable use of the land.

• (h) Supplemental Findings--Historical Resources Deviation for Relocation of a Designated Historical Resource

A Site Development Permit required in accordance with Section 143.0210 because of potential impacts to historical resources where a deviation is requested in accordance with Section 143.0260 for relocation of a designated historical resource may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) There are no feasible measures, including maintaining the resource on site, that can further minimize the potential adverse effects on historical resources ;

• (2) The proposed relocation will not destroy the historical, cultural, or architectural values of the historical resource , and the relocation is part of a definitive series of actions that will assure the preservation of the designated historical resource .

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• (3) There are special circumstances or conditions apart from the existence of historical resources , applying to the land that are peculiar to the land and are not of the applicant’s making, whereby the strict application of the provisions of the historical resources regulations would deprive the property owner of reasonable use of the land.

• (i) Supplemental Findings--Historical Resources Deviation for Substantial Alteration of a Designated Historical Resource or Within a Historical District

A Site Development Permit required in accordance with Section 143.0210 because of potential impacts to designated historical resources where a deviation is requested in accordance with Section 143.0260 for substantial alteration of a designated historical resource or within a historical district or new construction of a structure located within a historical district may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) There are no feasible measures, including a less environmentally damaging alternative, that can further minimize the potential adverse effects on the designated historical resource or historical district ;

• (2) The deviation is the minimum necessary to afford relief and accommodate the development and all feasible measures to mitigate for the loss of any portion of the historical resource have been provided by the applicant ; and

• (3) The denial of the proposed development would result in economic hardship to the owner. For purposes of this finding, “economic hardship” means there is no reasonable beneficial use of a property and it is not feasible to derive a reasonable economic return from the property.

• (j) Supplemental Findings--Clairemont Mesa Height Limit

A Site Development Permit required in accordance with Section 132.1306 because an exception from the Clairemont Mesa height limit is requested may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) The granting of an exception will not significantly interfere with public views from western Clairemont Mesa to Mission Bay and the Pacific Ocean within the surrounding area; and

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• (2) The granting of an exception is appropriate because there are existing structures over 30 feet in height and the proposed development will be compatible with surrounding one, two, or three-story structures ; or the granting of an exception is appropriate because there are topographic constraints peculiar to the land; or the granting of the exception is needed to permit roofline and facade variations, accents, tower elements, and other similar elements and the elements will not increase the floor area of the structure .

• (k) Supplemental Findings--Mobilehome Park Discontinuance

A Site Development Permit required in accordance with Section 132.0702 because a discontinuance of a mobilehome park is proposed may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) The discontinuance of use of the land for a mobilehome park or mobilehome spaces will not deprive the community of a needed facility;

• (2) The discontinuance of use of the land for a mobilehome park or mobilehome spaces, because of the associated relocation plan and conditions that have been applied to the discontinuance, will not be detrimental to the public health, safety, and welfare of persons living in the mobilehome park ; and

  • (3) The use to which the applicant proposes to put the property will provide a greater public benefit than continued use of the property as a mobilehome park or mobilehome spaces.

• (l) Supplemental Findings-- Condominium Conversions

A Site Development Permit required in accordance with Section 144.0509, because of potential impacts to the surrounding neighborhood, may be approved or conditionally approved only if the decision maker makes either of the following supplemental findings in addition to the findings in Section 126.0405(a):

• (1) The decision maker has considered the project-specific constraints and has determined that the condominium conversion as proposed would, to the maximum extent feasible, address the requirements of Section 144.0507, and has been developed to provide specific community benefits; or

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• (2) Strict adherence to the requirements of Section 144.0507 would result in the demolition of structures or loss of the architectural character of structures that contribute to the community character.

• (m) Supplemental Findings-- Public Right-of-Way Encroachments.

A Site Development Permit in accordance with Section 126.0502(d)(6) for any encroachment or object which is erected, placed, constructed, established or maintained in the public right-of-way when the applicant is not the record owner of the property on which the proposed encroachment will be located may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a):

• (1) The proposed encroachment is reasonably related to public travel, or benefits a public purpose, or all record owners have given the applicant written permission to maintain the encroachment on their property;

• (2) The proposed encroachment does not interfere with the free and unobstructed use of the public right-of-way for public travel;

• (3) The proposed encroachment will not adversely affect the aesthetic character of the community; and

• (4) The proposed encroachment does not violate any other Municipal Code provisions or other local, state, or federal law; and

• (5) For coastal development in the coastal overlay zone , the encroachment is consistent with Section 132.0403 (Supplemental Use Regulations of the Coastal Overlay Zone).

(Amended 6-3-2003 by O-19188 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-09-2006) (Amended 2-9-2006 by O-19461 N.S.; effective 3-9-2006.) (Amended 3-1-2006 by O-19466 N.S.; effective 4-1-2006) (Amended 7-5-2006 by O-19505 N.S.; effective 8-5-2006.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Renumbered from Section 126.0504 and amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017. Former Section 126.0505 “Violations of a Site Development Permit” renumbered to Section 126.0506.) (Amended 2-9-2018 by O-20899 N.S.; effective 3-11-2018.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)

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