San Diego Municipal Code Div. 6 Planned Development Permit Procedures

The purpose of these procedures is to establish a review process for development that allows an applicant to request greater flexibility from the strict application of the regulations than would be allowed through a deviation process. The intent is to encourage imaginative and innovative planning and to assure that the development achieves the purpose and intent of the applicable land use plan and that it would be preferable to what would be achieved by strict conformance with the regulations. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) The following types of development may be requested with a Planned Development Permit decided in accordance with Process Three.

(1) Development in accordance with Section 143.0465 where the
applicable land use plan recommends a Planned Development Permit
be processed if another discretionary action is also requested; or

(2) Development in accordance with Section 143.0403(a) that complies
with the applicable land use plan, but contains uses that are not
permitted in the underlying base zone.

(b) The following types of development may be requested with a Planned
Development Permit decided in accordance with Process Four.

(1) Development that does not comply with all base zone regulations or all
development regulations (except as permitted in accordance with
Section 126.0602(a)(2)), or that proposes to exceed limited deviations
allowed by the regulations in Chapter 14, as described in Section
143.0410, except that if the development is affordable housing, an in-
fill project, and/or a sustainable building as described in Section
143.0915, it may be permitted with Neighborhood Development
Permit decided in accordance with Section 126.0603.

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(2) Rural Cluster development in the OR and AR zones, as described in

(3) Provision of off-site affordable dwelling units in accordance with

(4) Multiple dwelling unit development requesting increased density where the land use plan expressly provides for increased density with the approval of a Planned Development Permit, except that if the development is affordable housing, an in-fill project, and/or a sustainable building as described in Section 143.0915, it may be permitted with a Neighborhood Development Permit decided in accordance with Section 126.0603.

(c) The following types of development may be requested with a Planned
Development Permit to be decided in accordance with Process Five.

Rural cluster residential development in the AR-1-1 and OR-1-2 zones that
proposes a density that exceeds one dwelling unit per 10 acres but is not more
than one dwelling unit per 4 acres, with no potential for development on the
remainder of the premises, as described in Section 143.0402.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000; amended 6-19-2000 by
O-18814 N.S.)
(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.)
(Amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)
(Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

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Sustainable Buildings

Development consistent with the affordable housing, in-fill projects, and/or sustainable buildings regulations in Section 143.0915 that requires a Planned Development Permit in accordance with Sections 126.0602(b)(1) and 126.0602(b)(4) may be permitted with a Neighborhood Development Permit decided in accordance with Process Two, provided the findings in Section 126.0404(a) are made. In the event that a deviation is requested, the supplemental findings in Section 126.0404(f) shall also be made. (“Exemption from a Planned Development Permit” added 9-15-2017 by O-20856 N.S.; effective 10-20-2017. Former Section 126.0603 “Decision Process for Planned Development Permits” renumbered to Section 126.0604.) (Retitled from “Exemption from a Planned Development Permit” to “Reduced Permit and Processing for Affordable Housing, In-Fill Projects, and Sustainable Buildings” and amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

(a) A decision on an application for a Planned Development Permit for the type of development listed in Section 126.0602(a) shall be made in accordance with Process Three. The decision may be appealed to the Planning Commission in accordance with Section 112.0506.

(b) A decision on an application for a Planned Development Permit for the types
of development listed in Section 126.0602(b) shall be made in accordance
with Process Four.

(c) A decision on an application for a Planned Development Permit for the
development listed in Section 126.0602(c) shall be made in accordance with
Process Five.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 126.0603 on 9-15-2017 by O-20856 N.S.; effective
10-20-2017. Former Section 126.0604 “Findings for Planned Development Permit
Approval” renumbered to Section 126.0605.)

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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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(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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(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.)

It is unlawful for any person to maintain, use, or develop any premises without a Planned Development Permit if such a permit is required for the use or development, or to maintain, use, or develop any premises contrary to the requirements or conditions of an existing Planned Development Permit, except as provided in Sections 126.0112 or 126.0113. Violations of any provision of this Division shall be subject to the enforcement provisions contained in Chapter 12, Article 1. Violation of this Division shall be treated as strict liability offenses regardless of intent. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Renumbered from former Section 126.0605 on 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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Article 6: Development Permits