§ 131.0710

Development that proposes deviations to the development regulations of this Division may be permitted with a Neighborhood Development Permit decided in accordance with Process Two for the following: (a) Development that proposes deviations from applicable Land Development Code regulations, provided that the findings in Section 126.0404(a) are made. (b) Development located within environmentally sensitive lands in accordance with Section 143.0110, including development that may potentially impact steep hillsides where alternative compliance is requested in accordance with Section 143.0151, provided that the findings in Sections 126.0404(a) and (b) are made. In the event an environmentally sensitive lands deviation is requested, the supplemental findings in Section 126.0404(c) shall also be made. (c) A deviation may not be requested for the following: (1) A deviation from the requirements of the Coastal Height Limit Overlay Zone (Chapter 13, Article 2, Division 5). (2) Within the Coastal Overlay Zone, a deviation from the requirements of the Parking Impact Overlay Zone (Chapter 13, Article 2, Division 8). (3) A deviation from the requirements of the Clairemont Mesa Height Limit Overlay Zone (Chapter 13, Article 2, Division 13). (4) A deviation from the requirements of the Airport Land Use Compatibility Overlay Zone (Chapter 13, Article 2, Division 15). Chapter 13: Zones (3-2026) 18 (5) Within the Coastal Overlay Zone, a deviation from the requirements of the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1). (6) A deviation from the requirements of the Historical Resources Regulations (Chapter 14, Article 3, Division 2). (“Deviations” added 9-12-2019 by O-21118 N.S.; effective 10-12-2019.) [Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]