San Fernando Municipal Code Div. 3 Hierarchy

Proceedings initiated under provisions repealed, amended or modified by this chapter, and any vested right, shall not be affected by the enactment of this chapter, except that subsequent proceedings shall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Any violation of and/or conviction under any provision repealed, amended or modified by this chapter shall be considered as a violation of and/or conviction under this chapter.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land use of a property pursuant to the densities called out in the land use section of the city's general plan unless superseded by state law.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)