§ 143.0920 — Affordable Housing, In-Fill Projects, and Sustainable Buildings Deviations

§143.0920 Affordable Housing, In-Fill Projects, and Sustainable Buildings Deviations

Development identified in Section 143.0915 may be permitted with a Neighborhood Development Permit decided in accordance with Process Two, except as provided in Section 143.0920(e), for the following: (a) Development that proposes deviations from applicable Land Development Code regulations in accordance with Section 126.0602(b)(1), provided that 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. (b) Development located within environmentally sensitive lands in accordance with Section 143.0110, Table 143-01A, including development which may potentially impact steep hillsides where alternative compliance is requested in accordance with Section 143.0515, 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) 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, provided that 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. (d) Residential development in the Community Plan Implementation Overlay Zone designated “Type A” that does not comply with the development standards and residential development in the Community Plan Implementation Overlay Zone designated “Type B,” as described in Section 132.1402, provided that 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. (e) A deviation pursuant to Section 143.0920 may not be requested for the following: (1) Within the Coastal Overlay Zone, a deviation from the requirements of the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1). (2) A deviation from the requirements of the Coastal Height Limit Overlay Zone (Chapter 13, Article 2, Division 5). (3) Within the Coastal Overlay Zone, a deviation from the requirements of the Parking Impact Overlay Zone (Chapter 13, Article 2, Division 8). (4) A deviation from the requirements of the Historical Resources Regulations (Chapter 14, Article 3, Division 2). (f) Residential development in the Community Enhancement Overlay Zone that does not comply with the development standards within the Community Enhancement Overlay Zone, as described in Section 132.1602, provided that the findings in Section 126.0404(a) are made. If a deviation is requested, the supplemental findings in Section 126.0404(f) shall also be made. (Added 6-3-2003 by O-19186 N.S.) (Amended 3-1-2006 by O-19466 N.S.; effective 4-1-2006.) (Amended 7-22-2009 by O-19877 N.S; effective 8-21-2009.) (Retitled from “Deviation Requirements for Affordable/In-Fill Housing and Sustainable Buildings” to Affordable Housing, In-Fill Projects, and Sustainable Buildings Deviations” and amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.) [Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]