San Fernando Municipal Code Div. 8 Variances

This division is intended to relieve the owner of property from any inability to make reasonable use of his property in the same manner that other property of like character in the same vicinity and zone can be used. A variance which may be granted only by the planning commission shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

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

Application for a variance from this chapter shall be filed in a manner consistent with the requirements contained in division 1 of this article.

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

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with division 2 of this article.

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

An investigation of facts for each variance application shall be made by the planning commission, the director, or their staffs to ensure that the action on each application is consistent with the intent and purpose of this chapter.

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

Following a public hearing on a variance application, the planning commission shall record the decision in writing and shall recite therein the findings of fact upon which such decision is based. The commission may approve and/or modify an application in whole or in part, with or without conditions, only after it makes all of the following findings of fact in a positive manner:

(1) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings such that strict application of this chapter deprives such property of privileges, enjoyed by other property in the vicinity and under the identical zoning classification.

(2) The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located.

(3) The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this chapter, nor to the goals and programs of the general plan.

(4) The variance request is consistent with the purpose and intent of the zone in which the site is located.

(5) The subject site is physically suitable for the proposed variance.

(6) There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety.

(7) There will be adequate provisions for public access to service the property which is the subject of the variance.

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

No permits shall be issued for any use involved in an application for approval of a variance until and unless the variance shall have become final.

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