This chapter may be cited as the "San Fernando Zoning Ordinance."

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

This chapter is enacted pursuant to the California Planning and Zoning Law, title 7, division 1, chapter 4 (Government Code §§ 65800—65912). This chapter shall be administered by the city council (hereafter referred to as the "council"), planning and preservation commission (hereafter referred to as the "commission"), community development director or designee (hereafter referred to as the "director"), and the planning division of the community development department (hereafter referred to as the "division") as provided in article V (Administration) of the SFMC.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The purpose of this chapter is to serve the public health, safety, comfort, convenience and general welfare by establishing land use districts designed to obtain the physical, environmental, economic and social advantages resulting from planned use of land in accordance with the general plan of the city and by establishing those regulations for the development and use of land and improvements within the various districts which will ensure that the growth and development of the city shall be orderly, attractive and efficient for the maximum benefit of its citizens.

Relationship to the City of San Fernando General Plan. This chapter provides the legislative framework to enhance and implement the goals, policies, plans, principles and standards of the San Fernando General Plan.

Relationship to the California Environmental Quality Act. When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this chapter, the CEQA (Public Resources Code §§ 21000 et seq.), the CEQA Guidelines (Government Code §§ 15000 et seq.) and any environmental guidelines adopted by the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Organization of regulations. This Code consists of six articles:

(1)

Article I: General Provisions

(2)

Article II: Base and Overlay Zones

(3)

Article III: General Regulations

(4)

Article IV: Standards for Specific Land Uses and Activities

(5)

Article V: Administration

(6)

Article VI: Definitions

(b)

Types of regulations. This Code contains five types of regulations controlling the use and development of property:

(1)

Use regulations. These regulations specify land uses permitted, conditionally permitted, or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Use regulations for base zoning districts and for overlay districts are in article II of this Code. Certain regulations that are applicable in some or all districts, and performance standards which govern special uses, are in article III.

(2)

Development standards. These regulations control the height, bulk, locations, and appearance of structures. Development regulations for base zoning districts and for overlay districts are in article II of this Code. Certain development regulations that are applicable to some or all districts are in article III. These include regulations for specific uses, development and site regulations, performance standards, parking, and signage.

(3)

Administrative regulations. These regulations contain detailed procedures for the administration of this Code, and include common procedures, processes, and standards for discretionary entitlement applications and other permits. Administrative regulations are in article V.

(4)

Definitions. Article VI provides definitions and articulates use classifications and terms and definitions used in this Code.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

In order to carry out the purposes and provisions of this chapter, the city is divided into five zone types (Residential, Commercial, Industrial, Specific Plan and Overlay zones) with nine zone districts and three overlay zones identified as:

(b)

The zones listed in subsection (a) of this section and the boundaries of such zones are shown upon the official zoning map of the city, and the map and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by the map were all fully described in this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Cross reference— ¹  Buildings and building regulations, ch. 18; environment, ch. 34; manufactured homes and trailers, ch. 46; planning, ch. 62; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78; telecommunications, ch. 86; vegetation, ch. 98.

A.

Property affected. The sections of this chapter shall apply, to the extent permissible under other laws, to all property within the city, whether such property is in public or private ownership, except streets, alleys and walkways which are dedicated for public use.

B.

Persons affected. The sections of this chapter shall apply, to the extent permissible under other laws, to all persons, agencies and organizations, both public and private, except that in circumstances where an overriding public interest is found to be served by an action or development undertaken by a public agency, the commission or council may waive the requirements of this chapter to the extent deemed necessary.

C.

Activities affected by new or changed development or use. Each section of this chapter shall apply, to the extent permissible under other laws, to all actions, activities or development initiated subsequent to the effective date of such section, including, but not limited to, the following:

(1)

The division or leasing of land.

(2)

Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof.

(3)

The use and occupancy of land, buildings, structures or other facilities.

(d)

Other permits and requirements. Nothing in this chapter eliminates the need for obtaining any other permits required by the city, or any permit or approval required by other provisions of the SFMC or the laws, rules or regulations of any city department or any county, regional, state, or federal agency.

If any provision of this chapter, and the application thereof, to any person or circumstance is held invalid, the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The sections of this chapter, insofar as they are substantially the same as previous provisions of the San Fernando Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the ordinance from which this chapter derives, shall be construed as restatements and continuations of the previous provisions, and not as new enactments.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Neither the sections of this chapter nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstances which constitutes a public or private nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

This section provides rules for resolving questions about the meaning or applicability of any requirement of this chapter. The rules provided in this section are intended to ensure consistent interpretation and application of the provisions of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The director shall have the responsibility and authority to interpret the requirements of this chapter unless specified otherwise in this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Terminology. When used in this chapter, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to .. .." The words "buildings and structures" are referred to as "structures."

(b)

Common words use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries.

(c)

Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days, unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a city-recognized holiday, or a day the city is not open for business.

(d)

Minimum requirements. When any regulation of this chapter is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (such as height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

(e)

State law requirements. Where this chapter references provisions of state law (e.g., The California Government Code, Subdivision Map Act, Public Resources Code, and the like), the reference shall be construed to be the current state law provisions, as they may be amended from time to time.

(f)

Residential zones. Whenever this chapter refers to "residential zones," it shall mean properties in the R1, R2, R3, RPD overlay and residential zones with a PD overlay.

(g)

Calculations - rounding. Wherever this chapter requires calculations to determine applicable requirements, any fractional result of the calculation shall be rounded to the next higher whole number when the fraction is 0.5 or greater, and to the next lowest whole number when the fraction is less than 0.5. In the case of the number of dwelling units, numerical quantities that are a fraction of whole numbers shall be rounded to the next higher whole number.

(h)

Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

(1)

Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

(2)

If a district boundary divides a parcel, and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale on the zoning map; and

(3)

Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.

(i)

Allowable uses of land. If a proposed use of land is not specifically listed in division 2 (Residential Zones), division 3 (Commercial Zones), division 4 (Industrial Zones), division 5 (Specific Plan Zones) and division 6 (Overlay Zones) of article II, the use shall not be allowed, except as follows.

(j)

Applicable standards and permit requirements. When the commission determines that a proposed use not listed in article II is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this chapter apply.

(k)

Procedure for interpretations. At the written request of any interested person, or at the director's discretion, the director may determine the meaning or applicability of any requirement of this title and may issue an official interpretation.

(l)

Request for interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review.

(m)

Record of interpretations. Official interpretations shall be:

(1)

In writing, and shall quote the provisions of this title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

(2)

Distributed to the council, commission, city attorney, city clerk, and all pertinent staff.

(n)

Appeals and referral. Any interpretation of this chapter by the director may be appealed to the commission as provided in division 2 of article V of the SFMC. The director may also refer any interpretation to the commission for a determination.

(o)

Amendments. Any provision of this chapter determined by the director to need refinement or revision should be corrected by amending this chapter as soon as is practical. Until amendments can occur, the director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section being interpreted.

(p)

Procedure for unlisted uses. Any use may be permitted which in the judgment of the commission, as evidenced by resolution in writing, are similar to and no more objectionable than any of those enumerated in the applicable zone district.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Proceedings initiated under provisions repealed, amended or modified by this chapter, and any vested right, shall not be affected by the enactment of this chapter, except that subsequent proceedings shall conform to the sections of this chapter insofar as possible. All land use permit applications that have been determined by the planning division to be complete before the effective date of this chapter, or any amendment to this chapter, will be processed in compliance with the requirements in effect at the time the application was deemed complete.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

A special use permit or other approval previously granted by the city and which would be eligible for consideration as a variance, conditional use permit or other approval under this chapter shall be deemed to be an approved variance, conditional use permit or other approval, respectively, under this chapter, subject to the terms of such approval.

(b)

All other special use permits and other approvals or conditions thereof, not in conformance with the provisions of this chapter, shall be deemed to be nonconforming privileges subject to the provisions of division 6 of article II of this chapter.

(c)

Notwithstanding subsection (a) or (b) of this section, if a special use permit or other approval deemed to be approved pursuant to this section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of division 9 of article V of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Any violation of and/or conviction under any provision repealed, amended or modified by this chapter shall be considered as a violation of and/or conviction under this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Whenever any section of this chapter covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that section, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.

(1)

General plan. If conflicts occur between the provisions of the general plan and other regulations of the city, then the most restrictive shall control. Property shall not be developed below the minimum or above the maximum densities allowed by the designated planned land use of a property pursuant to the densities called out in the land use section of the city's general plan unless superseded by state law.

(2)

Municipal code provisions. If conflicts occur between the requirements of this chapter and other regulations of the city, then the most restrictive shall control, except where general plan policies and provisions supersede, pursuant to state law.

(3)

Zoning code provisions. If conflicts occur between the provisions within this chapter, the most restrictive requirement shall control; except in the case of any conflict between the regulations in article II (Base and Overlay Zones) and article III (General Regulations), article III shall control and except where general plan policies and provisions supersede, pursuant to state law.

(4)

Development agreements or specific plans. When conflicts occur between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

(5)

Private agreements. This chapter applies to all land uses and development, regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any covenant or agreement unless the city is a party to the covenant or agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Failure to follow the procedural requirements contained in this chapter shall not invalidate city actions taken in absence of a clear showing of intent.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The sections of this chapter are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this chapter imposes a greater restriction or higher standard than that required by private agreement, this chapter shall control.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Neither the sections of this chapter nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstances which constitutes a public or private nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Pursuant to the provisions of state law, the city officers or employees designated by resolution of the city council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in such officer's or employee's presence which is a violation of any section of this chapter designated as an infraction.

(b)

Citations for infractions shall be processed, issued and handled as provided by state law.

(c)

Any officer or employee making an arrest under the authority of this section shall follow the citation release procedures prescribed in Penal Code §§ 853.5—853.85, or such procedures enacted by the state.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Any building set up, erected, built, moved or maintained and/or any use of property contrary to this chapter shall be and is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate and remove such building or use of any property contrary to this chapter.

(b)

All remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)