San Fernando Municipal Code § 106-823 Purpose

This section establishes procedures for conducting a zone clearance to verify that each new or expanded use or structure complies with all of the applicable requirements of this Code and with any applicable policies or standards of the general plan and any operative plans.

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

(a) Establishment of a permitted use. A zone clearance is required to confirm that the establishment of a new use is permitted as a matter of right and that no conditional use permit or other entitlements are required prior to securing a business license certificate and commencing operations.

(b) Other activities. A zone clearance shall be required for any other activity for which a zone clearance is specifically required elsewhere in this Code.

(c) Streamlined development. A zone clearance is required for all streamlined development as defined in California Government Code § 65913.4 and any other process the city deems should be a ministerial review but requires routing and review for compliance. The zone clearance for streamlined development shall be processed like a site plan review but shall be reviewed and approved or denied ministerially (i.e., compliance with discretionary findings, discretionary conditions of approval, and review by the planning and preservation commission are not required or permitted).

(d) Exceptions.

(1) No zone clearance shall be required for the continuation of previously approved or permitted uses, structures, or uses and structures that are not subject to any building code or zoning code regulations.

(2) A change in building use that complies with this Code shall require a building permit if the use is in a different building code occupancy group class, such as conversion of a retail building to public assembly or residential use.

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

If the director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the director shall issue a zone clearance.

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

(a) Application for a zone clearance shall be filed in a manner consistent with the requirements contained in division 1 of this article.

(b) The director may request that the zone clearance application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

(c) Applications for streamlined development shall be subject to the same material and document requirements as a site plan review, as applicable.

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

Public notice shall not be required.

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