San Fernando Municipal Code Div. 9 Modifications

The purpose of this chapter is to establish minor accommodations to prescribed development standards, and to establish procedure that may permit the granting of a requested modification.

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

Upon application by a property owner, modifications to the following development standards may be granted as provided within this chapter. They are as follows:

(1) Sections 106-43, 106-73 and 106-103 regarding minimum setback dimensions. The director may reduce front and rear setback requirements a maximum often percent for lots having a depth greater than 100 feet and a maximum of two feet (minimum setback three feet) for side yards for lots having a width greater than 50 feet if the director finds that the impact of the setback reduction will be in keeping with the general overall surrounding environment. Exceptions identified in section 106-188 are not required to obtain a modification permit.

(2) Subsection 106-188(c) regarding exceptions to setback depths. The director may use the average setback depth of the closest conforming use when determining the building line setback depth for a vacant parcel situated between conforming and nonconforming uses abutting the same street if the director finds that the proposed development activity furthers the goals of the land use element of the general plan and does not adversely affect the air, light and fire safety of the adjoining nonconforming use.

(3) Subsection 106-286(1) regarding minimum parking stall dimensions for covered parking space for residential uses. The director may reduce the minimum parking stall length and width size for residential use by ten percent if the director finds that reduction in dimensional size allows adequate area for ingress and egress circulation movement to the covered space.

(4) Sections 106-74 and 106-104 regarding commercial and industrial development standards pertaining to lot coverage, landscaping, parking and loading, and signs. The director may make the following accommodations if alternative project design solutions demonstrate the need for minor adjustments and if the solution proposal will be compatible to the character of the surrounding development. Allowable accommodations are as follows:

a. Lot coverage: A maximum increase of five percent.

b. Landscaping: A maximum one-percent reduction from landscaping requirement permitting nine percent in commercial zones and 14 percent in industrial zones.

c. Parking and loading: A maximum five-percent reduction from parking space requirements and from dimensional area requirements for off-street loading space provided that the reduction will result in an enhanced level of vehicular circulation and safety.

d. Signs: A maximum increase of one linear foot in height pertaining to sign height requirements and a maximum increase of five square feet pertaining to sign area requirements.

(5) Section 106-1027 pertaining to construction or reconstruction of nonconforming structures. The director, notwithstanding sections 106-1023 and 106-1027, may permit replacement of an existing structure along the same building footprint as the then-existing structure if the director finds the replacement construction or reconstruction proposal will be substantially similar to the structure being replaced, furthers the development requirements of the zone, restores the structure to a safe condition and not detrimental to the character of the surrounding properties, and is the only feasible means to achieve a workable solution.

(6) Section 106-43 pertaining to required separation distance between structures. The director may permit a reduction of ten percent of the required distance between the main structure and a detached accessory structure.

(7) Section 106-374(10) regarding exceptions to the maximum height of fences and walls. The director may increase the maximum height of fences and walls by 20 percent if the director finds that the increase will maintain visibility standards in the front yard and comply with building code requirements.

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

Unless otherwise specified, the approval authority for a modification from this chapter shall be the director. If, in the opinion of the director, an application requires review by a superior body, the director may refer such application to the planning commission.

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

No public notice shall be required.

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

In granting a modification to this chapter, the deciding authority may impose such restrictions or conditions as it deems necessary or proper to benefit the public health, safety and general welfare.

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

Under this chapter, the applicant or any person aggrieved by any decision on a modification made by the director may appeal such decision to the planning commission. The applicant or any person aggrieved in a similar matter by any action taken by the commission may appeal such decision to the city council. Appeals shall be filed as provided in section 106-838. If appealed, the decision by the deciding authority shall be stayed pending the outcome of such appeal.

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