§126.0605 Findings for Planned Development Permit Approval — San Diego Zoning Code

A Planned Development Permit may be approved or conditionally approved only if the decision maker makes all of the findings in Section 126.0605(a) and the supplemental findings in Section 126.0605(b)-(c) that are applicable to the proposed development as specified in this section.

(a) Findings for all Planned 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 proposed deviations pursuant to Section 126.0602(b)(1) that are appropriate for this location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone, and any allowable deviations that are otherwise authorized pursuant to the Land Development Code.
(b) Supplemental Findings-- Proposition A Lands

A project involving rural cluster in the AR-1-1 zone or the OR-1-12 zone within Proposition A Lands where increased density 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 126.0605(a):

(1) The proposed development will assist in accomplishing the goal of permanently preserving lands designated as part of the through the provision of public and private open space easements or dedications ;
(2) The proposed development will not foreclose future decisions regarding the size of major primary arterials, expressways, or freeways that may traverse the property;
(3) The proposed development will be adjacent to areas presently served by water and sewer lines, thereby avoiding leapfrog development ;

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Chapter 12: Land Development Reviews

(10-2022)

(4) The proposed development will be at least fiscally neutral, thereby not imposing a burden upon the City’s capital and operating budgets;
(5) The proposed development will provide housing on the property affordable to lower income families , as certified by the San Diego Housing Commission;
(6) The proposed development comprehensively addresses framework planning issues including land use, character, and scale of development ; environmental resources; and public facilities and the increase in density will not adversely affect the biological goals and objectives of the Multiple Species Conservation Program Subarea Plan;
(7) Within Proposition A Lands the proposed development will be consistent with the approved subarea plan; and
(8) The applicant and property owner have agreed in a recorded document that in return for the present increase in density granted by the City Council, no future development rights shall remain on the property.
(c) Supplemental Findings--Off-site Affordable Dwelling Units

A development using the Affordable Housing Density Bonus Regulations that proposes to locate affordable dwelling units off-site in accordance with Section 143.0745(b) may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0605(a):

(1) The location of the off-site affordable dwelling units will provide comparable or superior access to transit. Factors to be considered include, but are not limited to, the number, frequency, and destination of transit routes within one-half mile of the development ;
(2) The location of the off-site affordable dwelling units will provide comparable or superior access to employment opportunities. Factors to be considered include, but are not limited to, distances and transit availability to regional centers, subregional employment areas and industrial areas;

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San Diego Municipal Code (10-2022)

Chapter 12: Land Development Reviews

(3) For non-age restricted development , the location of the off-site affordable dwelling units will provide comparable or superior access to schools . Factors to be considered include, but are not limited to, the number of schools , the educational levels of the schools , whether the schools are private or public, whether the schools are vocational, and the travelling distances between the schools and the development ; and
(4) The off-site affordable dwelling units are located in a census tract with an average income level that is no more than 5% lower than the census tract of the development.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Retitled from “Findings for Planned Development Approval” to “Findings for Planned Development Permit Approval” and amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)

(Renumbered from Section 126.0604 on 9-15-2017 by O-20856 N.S.; effective 10-20-2017. Former Section 126.0605 “Violations of a Planned Development Permit” renumbered to Section 126.0606.)