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Division 1 — GENERALLY

Sec. 34-34. - Variance procedure.

San Fernando Planning Code · 2026-07 edition · updated 2026-09-02 · San Fernando

(a)

The owner or operator of a noise source which violates any of the sections of this article may file an application with the city administrative services officer for a variance from this article, wherein such owner or operator shall set forth all actions taken to comply with this article, the reasons why immediate compliance cannot be achieved, and its accomplishment. The application shall be accompanied by a fee in an amount to be established by resolution of the city council. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. Upon receipt of the application and fee, the city administrative officer shall take action thereon in accordance with this article.

(b)

An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted.

(c)

The city administrative services officer shall evaluate all applications for variance from the requirements of this article and may grant the variances with respect to time for compliance, subject to such terms, conditions and requirements as may be deemed reasonable to achieve maximum compliance with this

article. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In his determinations, the city administrative services officer shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any violation of the terms of the variance shall be unlawful.

(Code 1957, § 14.13)

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▸Contents — San Fernando Planning Code
San Fernando Planning Code
  1. Chapter 34 — ENVIRONMENT
  2. ▸Division 1 — GENERALLY
    Overview
    1. Sec. 34-26. - Declaration of policy.
    2. Sec. 34-27. - Definitions.
    3. Sec. 34-28. - Specific noises prohibited.
    4. Sec. 34-29. - Exterior noise standards.
    5. Sec. 34-30. - Interior noise standards.
    6. Sec. 34-31. - Exclusions.
    7. Sec. 34-32. - Noise level measurement.
    8. Sec. 34-33. - Manner of enforcement.
    9. Sec. 34-34. - Variance procedure.
    10. Sec. 34-35. - Appeals.
    11. Sec. 34-36. - Reserved.
    12. Sec. 34-66. - Required.
    13. Sec. 34-67. - Issuance; term.
    14. Sec. 34-68. - Application.
    15. Sec. 34-69. - Conditions of use.
    16. Sec. 34-70. - Notice of denial of amplified sound permit appli…
    17. Sec. 34-71. - Appeal of action on an amplified sound permit ap…
    18. Sec. 34-96. - Title.
    19. Sec. 34-97. - Purpose and intent.
    20. Sec. 34-98. - Definitions.
    21. Sec. 34-99. - Construction and application.
    22. Sec. 34-100. - Prohibited activities.
    23. Sec. 34-101. - Exempted discharges, conditionally exempted dis…
    24. Sec. 34-102. - Good housekeeping practices.
    25. Sec. 34-103. - Requirements for industrial/commercial and cons…
    26. Sec. 34-104. - Requirements for planning priority projects.
    27. 0.2 inches per hour; or
    28. Sec. 34-105. - Enforcement.
    29. Sec. 34-106. - Taking of property.
    30. Sec. 34-107. - Article controls over other provisions.
    31. Sec. 62-26. - Established.
    32. Sec. 62-27. - Composition and appointment of members.
    33. Sec. 62-28. - Compensation.
    34. Sec. 62-29. - Officers.
    35. Sec. 62-30. - Meetings generally.
    36. Sec. 62-31. - Absence from meetings.
    37. Sec. 62-32. - Quorum.
    38. Sec. 62-33. - Rules and regulations.
    39. Sec. 62-34. - Records and reports.
    40. Sec. 62-35. - Powers and duties generally.
    41. Sec. 62-36. - Powers and duties, trees and city's urban forest.
    42. Sec. 62-86. - Authority for proceedings.
    43. Sec. 62-87. - Resolution of intention.
    44. Sec. 62-88. - Notice and hearing.
    45. Sec. 62-89. - Protests and action thereon.
    46. Sec. 62-90. - Protests deemed less than majority.
    47. Sec. 62-91. - Definitions and classifications of businesses.
    48. Sec. 62-92. - Name of area.
    49. Sec. 62-93. - Established.
    50. Sec. 62-94. - Description.
    51. Sec. 62-95. - Businesses subject to additional license fee.
    52. Sec. 62-96. - Additional license fee schedule.
    53. Sec. 62-97. - Use of proceeds of additional license fee.
    54. Sec. 62-98. - Credit against additional license fee.
    55. Sec. 62-99. - Collection of additional license fee.
    56. Sec. 62-100. - New business.
    57. Sec. 62-101. - Businesses exempt from license fee.
    58. Sec. 62-131. - Authority for proceedings.
    59. Sec. 62-132. - Resolution of intention.
    60. Sec. 62-133. - Notice and hearing.
    61. Sec. 62-134. - Protests and action thereon.
    62. Sec. 62-135. - Protests deemed less than majority.
    63. Sec. 62-136. - Name of area.
    64. Sec. 62-137. - Description.
    65. Sec. 62-138. - Benefit zones.
    66. Sec. 62-139. - Uses of proceeds in respective zones; purposes.
    67. Sec. 62-140. - Classification of businesses and appeals.
    68. Sec. 62-141. - Businesses subject to additional fee.
    69. Sec. 62-142. - Rate of increase or additional charge of licens…
    70. Sec. 62-143. - Area constituted and established.
    71. Sec. 62-144. - Definitions and classifications.
    72. Sec. 62-145. - Due date and penalty for nonpayment of addition…
    73. Sec. 62-146. - Collection of additional fee.
    74. Sec. 62-147. - New business.
    75. Sec. 62-148. - Exemption; voluntary contribution.
    76. Article I — IN GENERAL

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