6. On October 21, 2024, the City Council reviewed and discussed a number of renderings to determine the most desirable color scheme for the Civic Center area. A selection was made for the Police Department. A selection was tentatively made for City Hall with minor changes and direction given to include the final color scheme on the Consent Calendar at the next regular meeting to provide City Council with one (1) final opportunity to approve the color scheme prior to commencement of work.
7. On November 18, 2024, the City Council approved a color scheme for the exterior paint for the City Hall building.
8. On January 27, 2025, work was completed by the Contractor.
ANALYSIS:
The City Hall Beautification Project provided the City an opportunity to refresh the exterior appearance of City Hall. The City Hall Beautification Project included repainting the exterior of the building, minor wall repairs, pressure washing block walls, and applying wood stain to wood surfaces.
When the project was awarded, the City Council authorized Staff to increase the scope of work up to an amount of $100,000 to include additional City facilities. With the additional funding, staff secured a quote to paint the exterior of the San Fernando Police Department and the interior lobby of City Hall. A change order for $59,890 was executed on September 11, 2024, to cover this additional work.
Color schemes were presented to City Council at various meetings in October and November with a color selection for the Police Department being made at the October 21, 2024 meeting and a color selection for City Hall being made at the November 18, 2024 meeting. Work began on November 25, 2024, and was completed on January 27, 2025, to staff’s satisfaction. A Notice of Completion is filed in order to notify all parties involved in a construction project, particularly those with lien rights (contractors, subcontractors, suppliers), that the project is considered finished.
BUDGET IMPACT:
A total of $100,000 was appropriated through ARPA Funding for the City Hall Beautification project (121-390-3689-4260). The project was completed within the appropriated budget, with final expenses totaling $99,770.
April 7, 2025 CC Special & Regular Mtg Page 358 of 651
Consideration to Accept Project Completion and Authorize the Recordation of a Notice of Completion for Exterior Painting of City Hall
CONCLUSION:
Staff recommends the City Council accept the improvements as constructed by US National Corp, consider the work completed, and authorize the issuance and filing of the “Notice of Completion.
ATTACHMENT:
A. Notice of Completion
April 7, 2025 CC Special & Regular Mtg Page 359 of 651
ATTACHMENT “A”
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
1. NOTICE IS HEREBY GIVEN THAT: work on the Exterior Painting of City Hall Project, Job No. 7626 has been completed, and it is recommended that a Notice of Completion be executed and recorded
2. NAME AND ADDRESS OF OWNER: City of San Fernando, a municipal corporation, 117 Macneil Street, San Fernando, CA 91340
3. DESCRIPTION OF THE PUBLIC WORK: Project construction improvements consisted of repainting the exterior of the building, minor wall repairs; pressure washing block walls, and applying wood stain to wood surfaces.
4. DESCRIPTION OF PROPERTY: The property on which said work of improvement was completed is in the City of San Fernando, County of Los Angeles, State of California, and is described as: 117 Macneil Street, San Fernando, CA 91340
5. ACCEPTED AND COMPLETED: Work on said contract was completed and accepted on January 27, 2025
6. NATURE OF OWNER’S INTEREST: Public Building (City Hall)
7. NAME AND ADDRESS OF CONTRACTOR: US National Corp, 10205 San Fernando Road, Pacoima, CA 91331
8. DECLARATION: I, Wendell Johnson, duly appointed Director of Public Works of the City of San Fernando, have read the foregoing Notice of Completion, have made my verification on behalf of said City, and know the contents thereof to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
________________________
Wendell Johnson, Director of Public Works Date
City of San Fernando, California
ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _______________ before me, Julia Fritz, Notary Public, personally appeared, Wendell Johnson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________
Julia Fritz, Notary Public (Seal)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Fernando
Julia Fritz, City Clerk
San Fernando City Hall
117 Macneil Street
San Fernando, CA 91340
Space Above This Line Reserved For The Recorder’s Use
EXEMPT FROM RECORDING FEES PER GOVT CODE SECTION 6103
NOTICE OF COMPLETION
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Intentionally
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AGENDA REPORT
POLICE DEPARTMENT 910 FIRST STREET, SAN FERNANDO, CA 91340 (818) 898-1267 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Fabian Valdez, Police Chief
Date: April 7, 2024
Subject: Consideration to Authorize Submittal of a Grant Application to the Department of Alcoholic Beverage Control for the Under-Age Alcohol Purchase Prevention Program
RECOMMENDATION:
It is recommended that the City Council authorize the preparation and submittal of a grant application to the Department of Alcoholic Beverage Control in an amount up to $100,000 to support San Fernando Police Department’s Under-Age Alcohol Purchase Prevention Program.
BACKGROUND:
1. Since 2005, the Police Department has applied and received grant funds through the Department of Alcoholic Beverage Control (ABC) for the Under-Age Alcohol Purchase Prevention Program.
2. On September 16, 2024, the City Council accepted ABC Grant funds in the amount of $60,000 to support the Police Department’s Under-Age Alcohol Purchase Prevention Program aimed to reduce underage drinking, reduce youth access to alcoholic beverages through the education of alcohol licensees, and enforcement intervention.
3. In February 2025, the Police Department was notified of a Request for Proposals (RFP) for the 2025-2026 Alcohol Policing Partnership (APP) Program.
ANALYSIS:
The California Department of Alcoholic Beverage Control (ABC), established in 1955, is a state governmental agency responsible for regulating the manufacture, distribution, and sale of alcoholic beverages. As an independent department within the executive branch of state government, ABC manages licensing, education, and enforcement. Since 1995, ABC has partnered with cities and counties through the Alcohol Policing Partnership Program (APP), April 7, 2025 CC Special & Regular Mtg Page 363 of 651
Consideration to Authorize Submittal of a Grant Application to the Department of Alcoholic Beverage Control for the Under-Age Alcohol Purchase Prevention Program
aiming to address challenges related to problematic alcohol outlets by developing strategies in collaboration with local law enforcement agencies.
ABC’s stated funding priorities for the 2025-2026 program year include the following activities:
Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT).
IMPACT is a prevention and education program aimed at teaching licensees how to help reduce alcohol-related crimes. This program shifts from the traditional law enforcement philosophy, by offering a crime-prevention approach in a relaxed atmosphere of cooperation between merchants and law enforcement officers.
During an IMPACT inspection, officers remind licensees of the responsibilities and accountability associated with alcohol sales and inspect the premises for compliance with state and local laws.
If violations are found, officers inform the licensee or on-duty employee of the necessary corrective actions that must be taken, and provide copies of relevant laws or rules. Follow-up visits are then conducted to ensure compliance.
Licensee Education on Alcohol and Drugs (LEAD).
LEAD is a free, voluntary prevention and education program for retail licensees, their employees, and applicants. Its mission is to provide high-quality, effective, and educationally sound training on alcohol responsibility and the law. LEAD curriculum is tailored to licensees, managers, and employees. LEAD sessions are 3½ hours long, except for Fairs/Special Events training, which lasts two (2) hours, and participation is limited to 50 people per class.
Minor Decoy.
The Minor Decoy program allows law enforcement agencies to use individuals under 20 years old as decoys to attempt to purchase alcohol from licensed premises. The use of underage decoys has proven effective in reducing illegal alcohol sales to minors, especially when the program is regularly utilized.
Retail Operating Standards Task Force (ROSTF).
ROSTF is a proactive strategy to address public nuisance issues at the point of sale on a community-wide scale. Similar to IMPACT, ABC agents and local law enforcement gather evidence of violations of Business and Professions (B&P) Code Section 25612.5, which requires licensees to maintain clean premises, control graffiti, provide exterior lighting, and keep windows and doors free of excessive signage.
Shoulder Tap.
“Shoulder Tap” is a common method used by persons under age 21 to solicit a person to purchase and furnish them with alcoholic beverages. Under this program, a minor decoy, supervised by law enforcement, approaches adults outside licensed stores and asks them to buy alcohol.
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Consideration to Authorize Submittal of a Grant Application to the Department of Alcoholic Beverage Control for the Under-Age Alcohol Purchase Prevention Program
Anyone caught furnishing alcohol to a minor decoy is arrested or cited for violating Section 25658(a) of the Business and Professions Code.
Target Responsibility for Alcohol Connected Emergencies (TRACE).
TRACE investigates alcohol-related incidents involving alcohol and minors. It was created to combat the increasing problems of youth access to alcohol. Any crime involving someone under the age of 21, with victim(s) or suspect(s) under the influence of alcohol and/or drugs, resulting in great bodily injury or death will initiate an investigation by ABC to determine the source of the alcohol or drugs.
Trap Door.
The Trap Door Program targets minors attempting to purchase alcohol or enter bars or night clubs using false identification (ID). Law enforcement officers work directly with ABC-licensed premises to detect and cite individuals using false IDs.
Enforcement of laws prohibiting alcohol sales to minors and collaboration with local ABC licensees are vital elements of the Police Department’s operations. Previous ABC grant funding enabled the Department to address numerous ABC violations, resulting in arrests and misdemeanor citations. The 2025-26 Alcohol Policing Partnership grant will allow the Department to continue addressing the issue of adults purchasing alcohol for minors and reducing merchant violations.
The Police Department is requesting authorization to apply for a grant to conduct several of the eligible activies. If approved, these operations will be carried out at least every two (2) months throughout the grant period:
• Shoulder Tap – six (6) operations;
• Minor Decoy – six (6) operations;
• LEAD – one (1) operation; and
• IMPACT – six (6) inspections.
These specific activites are recommended because they provide a systematic approach to educating ABC licensees about state and local regulations, ensuring compliance, and optimizing the use of grant funds. Police Officers will first meet with licensees in person, and then conduct IMPACT inspections. Following the inspections, Officers will conduct Shoulder Tap and Minor Decoy operations. In previous years, these operations, funded by ABC grants, successfully led to citations for licensees selling alcohol to minors and individuals purchasing alcohol for them. LEAD operations will offer ABC Officers' training to enhance licensees’ compliance.
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Consideration to Authorize Submittal of a Grant Application to the Department of Alcoholic Beverage Control for the Under-Age Alcohol Purchase Prevention Program
Grant funding will cover the overtime associated with these activities. Staff is recommending an application request of $100,000 to support the San Fernando Police Department’s proposed operations for the Under-Age Alcohol Purchase Prevention Program.
BUDGET IMPACT:
There will be no budget impact on the Fiscal Year 2024-2025 Adopted Budget to authorize the submittal of the ABC grant application and there is no need to appropriate funds at this time.
This is the initial step in approving funding from the California Department of Alcoholic Beverage Control.
If the City is awarded the $100,000 through the ABC Alcohol Policing Partnership Program, staff will return to City Council with a resolution to formally accept the award and appropriate funds.
CONCLUSION:
It is recommended that the City Council authorize the preparation and submittal of a grant application to the Department of Alcoholic Beverage Control in an amount up to $100,000 to support San Fernando Police Department’s Under-Age Alcohol Purchase Prevention Program.
ATTACHMENT(S):
A. Alcohol Policing Partnership Program RFP Guidelines
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ALCOHOL POLICING PARTNERSHIP (APP)
PROGRAM
REQUEST FOR PROPOSALS (RFP) GUIDELINES
2025 – 2026
Gavin Newsom, Governor
State of California
Joseph McCullough, Director
Department of Alcoholic Beverage Control
ATTACHMENT "A"
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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
REQUEST FOR PROPOSALS
TABLE OF CONTENTS
I. GENERAL INFORMATION
A. Introduction .........................................................................................................3 B. Submission of Proposals......................................................................................3 C. Funding Duration.................................................................................................5 D. Drug-Free Workplace Certification and
Nondiscrimination Compliance Statement.....................................................5 E. Resolution from Governing Body ......................................................................5 F. Proposal Components........................................................................................5 G. Eligibility Criteria...................................................................................................6 H. Funding Priorities..................................................................................................6 II. PREPARING PROPOSALS
A. General ................................................................................................................7 B. Proposal Cover Sheet.........................................................................................7 C. Scope of Work .....................................................................................................7
1. Summary.........................................................................................................8
2. Project Personnel ...........................................................................................8
3. Problem Statement .......................................................................................8
4. Project Description ........................................................................................8
5. Budget Detail .................................................................................................9 April 7, 2025 CC Special & Regular Mtg Page 368 of 651
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III. SELECTION OF PROPOSALS FOR FUNDING
Evaluation and Selection ........................................................................................9 IV. PROCESSING GRANT AWARDS
Notification of Grant Award .................................................................................10 V. USEFUL INFORMATION
Special Programs....................................................................................................11 List of APP Grant Operations ………………………………………………………….14
Sample Goals and Objectives..............................................................................15 Sample Resolution of the Governing Board ……………………………………….17 April 7, 2025 CC Special & Regular Mtg Page 369 of 651
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I. GENERAL INFORMATION
A. Introduction
This Request for Proposal (RFP) furnishes grant applicants with the following:
• Procedures for preparing grant proposals
• Grant Forms
Once an RFP is issued, ABC may only answer technical questions about the RFP and the Grantee Handbook. ABC staff cannot assist applicants with the preparation of their proposals.
Applicants selected for funding must retain a copy of this RFP, the Grantee Handbook, and the standard State contract as these materials are the requirements for the entire grant award period.
This RFP requires that proposals be submitted on the grant proposal forms or computer-generated forms. If computer-generated forms are used, they must duplicate the ABC forms and not allow the applicant more space than provided on the ABC forms.
Information must be provided as directed. This includes following all instructions, using specific forms and formats, and providing requested information. Failure to provide the required information or to provide the information in the manner directed may disqualify the proposal or result in a lower rating.
B. Submission of Proposals
Proposals are due April 1, 2025 at 5:00 p.m.
Mail proposals in an envelope addressed to:
Department of Alcoholic Beverage Control
Attention: Kristine Okino
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
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Alternatively, proposals may be submitted via email to
[email protected]. Email submissions must be received by 5:00 p.m. on the due date noted above. The subject line for email submission must include the following information:
2025 APP RFP Proposal (Agency Name)
All proposals are date stamped upon receipt at ABC, Headquarters.
Proposals received after the deadline will not be eligible for consideration.
It is the responsibility of the applicant to ensure that the proposal is received by ABC by the specified deadline. ABC will not be responsible for a late or incomplete proposal due to mistakes or delays of the applicant or the carrier used by the applicant. A postmark is not sufficient. Applications received after 5:00 p.m. on April 1st, will be disqualified.
Applicants must submit one copy of the proposal containing an electronic or original signature.
ABC will not notify applicants regarding omissions or accept any late additions to the proposals.
All proposals will be rated solely on their content. Materials not addressed or included in the written proposal will not be considered.
The applicants must strictly adhere to the following:
• All of the required current forms must be completed. Using past Request for Proposal (RFP) forms can have important requirements missing. Using past forms may disqualify the application. • Each form must be completed by the applicant. It is not acceptable to reference another section in lieu of completion. An incomplete face page may result in disqualification.
• Proposals must be typed or computer-generated using the application template provided. Template shall not be modified.
• No additional pages may be submitted unless indicated on the specific ABC form or RFP instructions.
If the applicant does not adhere to the items listed above, it may disqualify the proposal or result in a lower rating.
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C. Funding Duration
Agencies selected for funding through this RFP will be funded for one year. Agencies responding to this RFP must budget funds for 12 months, with funds being evenly spent throughout the grant year.
The grant period will begin on July 1, 2025, and end on June 30, 2026.
If the State determines that the grant project is not making progress on achieving their goals and objectives, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
D. Drug-Free Workplace Certification and Nondiscrimination Compliance Statement
Applicants selected for funding will be required to be in compliance with the Drug-Free Workplace Certification and Nondiscrimination Compliance Statement as required by the State.
E. Resolution from Governing Body
Applicants selected for funding must provide a resolution of the applicant’s governing body authorizing the applicant to enter into a contract with the State an identifying the person authorized to execute the contract for the applicant. Once notified of selection, it is important upon the applicant to place a resolution request on the local board or council agenda immediately to avoid funding delays.
* Sample of Resolution of Governing Board, see page 16
F. Proposal Components
Please use the following checklist to ensure that all copies of the completed proposal contain the required components in the order listed below:
• Proposal Cover Sheet
• Scope of Work
• Budget Detail
• Other Funding Sources
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Failure to include all necessary forms may result in the rejection of the proposal or will result in a lower score in the rating process. ABC will not advise applicants that their proposal is incomplete prior to its rejection.
G. Eligibility Criteria
In accordance with the State Budget Act, only Law Enforcement Agencies within the State of California may apply.
H. Funding Priorities
In awarding grants, ABC has established the following funding priorities that are not listed in priority order:
1. General Priority Considerations
• To provide funds to projects which operate in a service area with an identifiable alcohol-related problem associated with alcoholic beverage licensed establishments and/or where there is a demonstrated need for services.
• To provide funds to projects that clearly demonstrate the intent to engage in prevention efforts.
• To provide funds for projects with the intent to provide continual training to officers/deputies on ABC education, prevention, and enforcement measures, so those officers/deputies can carry out these programs after the grant cycle has been completed. • To distribute awards geographically throughout the State.
2. Program Specific Considerations
• Minor Decoy Programs: Applicants should demonstrate a willingness to conduct Minor Decoy Operations at both On-Sale and Off-Sale locations.
• Training: Applicants should demonstrate a willingness to host and facilitate a Target Responsibility for Alcohol Connected Emergencies (TRACE) training.
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• Coordination with District Attorney’s Office: Applicants should demonstrate that the District Attorney’s or City Attorney’s Office is willing to prosecute ABC related cases.
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II. PREPARING PROPOSALS
A. General
The proposal to be submitted to ABC for consideration will be the Grant Forms package and Budget Detail worksheet. Instructions for completion of the required forms is provided either on the form itself or in the section describing the requirements. Grant Forms and Budget Detail worksheet must be completed according to the instructions.
*No additional pages or attachments will be accepted or reviewed.
B. Proposal Cover Sheet
The proposal cover sheet is the cover page for the proposal and serves as an information sheet. The individual signing the cover sheet for the applicant must be in a position to provide reasonable assurance that the project will conform to ABC requirements if selected for funding.
C. Scope of Work
The scope of work is the main body of information which describes the applicant’s need for funding and the plan to address a community’s problems/issues through appropriate and achievable goals and objectives. The scope of work should be a detailed description of the project, explaining how it is designed, how it will be implemented, who will be involved, and what results are expected.
The scope of work must be submitted using the template, Grant Forms.
When preparing the scope of work, follow the format and address each of the following five areas. Please do not be repetitive.
1. Summary
a. Agency Description – Provide a brief summary of your city or county’s history, geography, demographics, government, politics and services and the law enforcement department’s size. b. Funding Requested – Dollar amount requested.
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c. Number of ABC Licensed Locations – List the number of on-sale and off-sale licenses in your jurisdiction. Information can be obtained from your local ABC district office or the ABC website @ www.abc.ca.gov.
2. Project Personnel – Describe the staffing required to carry out the grant objectives as supported by the proposed budget.
a. Number of allotted full time Peace Officer positions – State the number of full time Peace Officer positions allotted to your agency. b. Include the number of staff, type of staff, and staff qualifications. c. Include unit/division that will be responsible for the grant. d. Include the names, rank, and current assignment of personnel involved.
e. Submit documentation from your annual budget or other supporting document to substantiate this number.
3. Problem Statement – Describe the issues or problems to be addressed with grant funds.
a. Clearly identify the area to be served, any specific problem locations, any specific community concerns, and the factors contributing to the problem.
4. Project Description – What are the goals and objectives of the proposed project? (Refer to list of APP Grant Operations found on page 13)
a. List goals and objectives in order of highest priority to lowest priority. b. Each goal must include a measurable outcome and must include the desired outcome.
c. Summarize the key characteristics and description of each goal and include any relevant information that ABC should take into consideration.
d. You are also encouraged to utilize ABC enforcement strategies that target the illegal purchasing of alcoholic beverages as well as the illegal sale of alcoholic beverages.
5. Budget Detail
The Budget Detail Worksheet has been developed to assist applicants with describing all costs associated with this application. The budget is the basis for management, fiscal review, and audit. This worksheet April 7, 2025 CC Special & Regular Mtg Page 376 of 651
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must clearly describe all expenditures the applicant wishes to fund under this grant. All project costs must be reasonable, necessary, and directly related to the goals and objectives of the project.
6. Other Funding Source
Describe other funds that your department will contribute towards the success of this project.
III. SELECTION OF PROPOSALS FOR FUNDING
Evaluation
ABC will appoint a selection committee to read, evaluate, and rate all proposals. To be considered for funding, the proposal must be complete and in accordance with the RFP and the Grantee Handbook. Incomplete proposals may be rejected or result in a lower rating.
Recommendations for funding will be based on the following:
• The proposal rating score
• Consideration of the funding priorities
Selection
The selection committee will submit recommendations for funding to the Director of the Department of Alcoholic Beverage Control for final selection.
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IV. PROCESSING GRANT AWARDS
Notification of Grant Award
The following are the sequential steps the Department of Alcoholic Beverage Control will take in processing grant awards:
1. Applicants submit proposals to ABC
2. ABC receives proposals
3. ABC pre-screens proposals for eligibility
4. Selection committee reads and scores proposals
5. Selection committee submits selection recommendations to the ABC Director
6. ABC Director makes final funding decision
7. ABC sends selection notification letter to all applicants, successful and unsuccessful
8. ABC sends approved contract to grant applicant for signature and return to ABC
9. ABC reviews and finalizes with signatures for completion
10. ABC sends fully executed copy to applicant
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V. USEFUL INFORMATION
SPECIAL PROGRAMS
The following is a description of ABC’s enforcement strategies that, when used together in a comprehensive program, achieve dramatic results in combating alcohol-related crimes. We encourage all grant proposals to include a variety of these strategies.
IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) The IMPACT Program is a prevention and education program. Its main objective is to teach licensees how they can help reduce alcohol-related crime. The program is a change from the traditional law enforcement philosophy. It is designed as a crime preventive approach in a relaxed atmosphere of cooperation between merchants and law enforcement officers.
During an IMPACT Inspection, officers remind licensees of the responsibilities and accountability associated with the sale of alcohol. The officers also inspect licensed premises for compliance with State and local laws.
If a licensee is not in compliance, the officers will tell the licensee or employee on duty what issues need to be addressed and provide copies of any laws or rules. Licensees must then correct any problems. Later, officers/deputies will conduct follow-up visits.
LEAD (Licensee Education on Alcohol and Drugs)
The LEAD Program is a free, voluntary prevention and education program for retail licensees, their employees, and applicants. Its mission is to provide high quality, effective, and educationally sound training on alcohol responsibility and the law.
The curriculum is designed for licensees, managers, and employees. There is no separate management curriculum. Program length is 3 1/2 hours, except for Fairs/Special Events Training, which is 2 hours. Participation is limited to 50 persons per class.
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MINOR DECOY
This program allows law enforcement agencies to use persons under 20 years of age as decoys for the purpose of purchasing alcoholic beverages from licensed premises. The use of underage decoys to check whether licensees are selling alcohol to minors can show a dramatic drop in the illegal activity when the minor decoy program is repeatedly used.
ROSTF (Retail Operating Standards Task Force)
ROSTF is a pro-active strategy to address public nuisance problems at the point of sale on a community-wide scale. ROSTF is operated similar to an IMPACT program, but ABC Agents and local law enforcement officers gather evidence of specific violations of Section 25612.5 Business and Professions Code (B&P). This law requires licensees to, among other things, remove litter daily, control graffiti, provide exterior illumination, and keep windows and doors clear of excess signage.
SHOULDER TAP
“Shoulder Tap” is a common method used by persons under age 21 to solicit a person to purchase and furnish them with alcoholic beverages. The Shoulder Tap Program is an enforcement program used by ABC and local law enforcement agencies to detect and deter shoulder tap activity. During the program, a minor decoy under the direct supervision of law enforcement officers/deputies, solicits adults outside ABC licensed stores to buy the minor alcohol.
Any person seen furnishing alcohol to the minor decoy is arrested (either cited or booked) for furnishing alcohol to a minor (a violation of Section 25658(a) Business and Professions Code).
TRACE (Target Responsibility for Alcohol Connected Emergencies) TRACE investigates alcohol-related incidents involving alcohol and minors. It was created to combat the increasing problems of youth access to alcohol.
Any crime involving someone under the age of 21, with victim(s) or suspect(s) under the influence of alcohol and/or drugs, resulting in great bodily injury or death will initiate an investigation by ABC to determine where the alcohol or drugs came from. In October 2020, the criteria were expanded to also include anyone charged with vehicular manslaughter that was under the influence of alcohol. For this criteria, they do not have to be under 21 and ABC will investigate the crime to determine if the drive was obviously intoxicated when they were sold or served alcohol.
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Working together with the first responding agency, ABC conducts a parallel investigation to determine if an ABC licensed premises was involved and who the suspect(s) were. These investigations can result in criminal action against the individual along with administrative action against the ABC licensee.
TRAP DOOR
Trap Door is an operation that targets minors who are either trying to purchase alcohol or trying to enter a bar or night club with a false ID. During the operation, officer’s/deputies work directly with employees of ABC licensed premises to detect and then cite the person trying to use the false ID.
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List of APP Grant Operations
1. Minor Decoy Operation
2. Shoulder Tap Operation
3. Annual Statewide Shoulder Tap Operation
4. IMPACT Inspections (# of ABC Licensed Premises)
5. IMPACT Operation (# of Operations)
6. ROSTF Inspection (# of ABC Licensed Premises)
7. ROSTF Operation (# of Operations)
8. Trap Door Operation(s)
9. Cops in Shops Operation(s)
10. LEAD Training (Host/Provide)
11. LEAD Training (Facilitate/Coordinate)
12. LEAD Training (Notify)
13. Press Release
14. Social Media Release
15. Public Service Announcement
16. Disorderly Operation(s)
17. Problematic ABC Premises Operation(s)
18. Undercover Operation(s)
19. Narcotics Operation(s)
20. Drink Solicitation Operation(s)
21. Plainclothes Operation(s)
22. General Enforcement Operation(s)
23. Multi-Agency Task Force Operation(s)
24. Drunk Decoy Operation(s)
25. Special Event Operation (Festival, Sporting Event, Concert, Fair…)
26. Saturation Patrol Operation(s)
27. Party Patrol Operation(s)
28. ABC Warrant Sweep Operation(s)
29. Roll Call ABC Training(s) to Officers/Deputies
30. Patrol Briefing(s) on ABC Laws
31. Alcohol Awareness Presentation (School, Community…)
32. Community Meeting/Outreach
33. Other: Provide a brief description
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SAMPLE GOALS AND OBJECTIVES
ABC provides the following samples to help guide and give ideas to build upon.
Incorporate those that will help solve the problems within your jurisdiction. We encourage applicants to develop their own objectives that they feel will address the problems in their jurisdiction.
1. Identify and target problematic ABC licensed establishments.
2. Develop and implement a multi-agency task force concept (involving ABC, Labor Law, Health Department, code enforcement, etc.) to target disorderly locations.
3. If applicable, identify alcohol related concerns that may be emanating from specific public attractions/facilities (such as: major universities, sports arenas, entertainment districts/venues, etc.). Articulate how you would mitigate issues stemming from these areas.
4. Develop and implement an ongoing standard operating ABC enforcement procedure and training program within the agency.
5. Conduct _____ task force operations targeting disorderly-licensed premises.
6. Prepare a written evaluation of the existing system of transmitting arrest reports involving licensees to the ABC (as required by Section 24202 Business & Professions Code).
7. Implement a new/improved system of transmitting arrest reports by _____ (specific time frame).
8. Conduct at least _____ Minor Decoy operations.*
9. Conduct at least _____"Shoulder Tap" operations.*
*Please do not combine Minor Decoy and Shoulder Tap Operations as one goal.
10. Host at least ______ TRACE training(s).
11. Provide roll call training on alcohol-related issues for all sworn personnel on a regular and continual basis. (Be specific as to how often and when you plan to implement this objective.)
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12. Coordinate and conduct _____ IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) Operations.
Or
Coordinate and conduct IMPACT (Informed Merchants Preventing AlcoholRelated Crime Tendencies) Operations at _____% of the licensed premises within our jurisdiction.
13. Schedule and coordinate _____ LEAD (Licensee Education on Alcohol and Drugs) Classes.
14. Develop a policy and procedure to inform citizens in our community about this project and give periodic updates on the status and accomplishments of the project.
15. Issue _____ press releases regarding the grant and/or the activities conducted under the grant.
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* SAMPLE *
RESOLUTION OF THE GOVERNING BOARD
WHEREAS, THE (applicant) desires to undertake a certain project designated as (project title) to be funded in part from funds made available through the Alcohol Policing Partnership (APP) Program administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC);
NOW, THEREFORE, BE IT RESOLVED that the (designated official by title only) of the (County or City) is authorized to execute on behalf of (Governing Board) the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the (governing body) of (unit of local government or organization) in a meeting thereof held on (date) by the following:
Vote:
Ayes:
Nays:
Absent:
Signature: Date:
Typed Name and Title:
ATTEST: Signature: Date:
Typed Name and Title:
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AGENDA REPORT
RECREATION AND COMMUNITY SERVICES DEPARTMENT 208 PARK AVENUE, SAN FERNANDO, CA 91340 (818) 898-1290 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Julio Salcedo, Recreation and Community Services Director Juan Salas, Recreation and Community Services Supervisor Date: April 7, 2025
Subject: Consideration to Approve Independence Day Festival Dates and Drone Show Allocation Suggestions
RECOMMENDATION:
It is recommended that the City Council:
a. Approve the scheduling of the “Independence Day Festival” to be held on Saturday, July 5, 2025 at Recreation Park;
b. Designate the first Saturday of each July as the annual “Independence Day Festival” going forward;
c. Provide further direction to staff, as appropriate
BACKGROUND:
1. On July 4, 2012, the City hosted the last Independence Day Festival at Recreation Park before going on a ten-year hiatus due to budget cuts.
2. On June 7, 2021, during the fiscal year 2021-2022 Budget Study Sessions, the City Council discussed reviving the Independence Day Festival and directed staff to prepare recommendations for implementing an Independence Day Festival.
3. On June 21, 2021, the City Council approved a $35,000 allocation for the Independence Day Festival as part of the fiscal year 2021-2022 Adopted Budget.
4. On Saturday, July 2, 2022, the City hosted the Red, White and Lights Laser Show for the Independence Day Festival in the Downtown San Fernando Mall in lieu of Recreation Park, which was closed due to construction of the San Fernando Regional Park Infiltration Project.
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5. On Saturday, July 1, 2023, the City hosted the second annual Red, White and Lights Laser Show for the Independence Day Festival in the Downtown San Fernando Mall as Recreation Park was still unavailable due to the construction of the San Fernando Regional Park Infiltration Project.
6. On February 5, 2024, staff presented the City Council with options for the 2024 festival, proposing to host the event at Recreation Park. The City Council directed staff to provide laser/drone show options and a cost comparison between that Saturday and a July 4th event.
7. On February 20, 2024, the City Council approved hosting the “Independence Day festival” at Recreation Park on Thursday, July 4, 2025, and for the allocation of necessary funds for a 100- Drone Show.
8. On Thursday, July 4, 2024, the City hosted the third annual “Independence Day Festival” at Recreation Park with a family friendly festival and drone show.
ANALYSIS:
The community Independence Day festival serves multiple purposes, centered around celebrating our nation’s independence and fostering a sense of unity and pride with particular focus on history, values and culture. The festival is also a time for families to enjoy themselves and make it a fun, safe and memorable event for people of all ages. The festival is not only about celebrating the historical significance of July 4th but also about promoting national pride, civic engagement, unity, and fun. It’s a day for all Americans to honor their history, appreciate their freedoms, and connect with their communities.
Scheduling of the Independence Day Festivals has been a bit inconsistent as in some years it has been scheduled on a Saturday while other years it has been scheduled on the actual holiday. In evaluating the event for 2025, staff analyzed cost and logistics for a Saturday event versus holding it on the actual holiday (in this case, it is Friday, July 4th) to determine the tradeoffs between the two dates.
Cost Analysis
One of the primary tradeoffs between hosting the Festival on a Saturday versus the actual holiday is cost. In general, due to the high demand on the actual holiday, the cost to host the Festival on the day of the actual holiday exceeds the cost of hosting the event on a Saturday. Additionally, some of the rides and drone show options are unavailable on the actual holiday as they are reserved well in advance. Tables A and B below provide a comparison of the costs between the two dates:
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TABLE A: Carnival Ride Cost Comparison
Entertainment features July 4, 2025 July 5, 2025
English Ferris Wheel Not Available $22,000 for first time clients Mobile Zip Line $7,000 $5,000
*can be reduced to $4,500 if it
is rented a second time
Fiberglass Slide $7,000 $7,000
*can be reduced if rented with
another item
TABLE B: Independence Day Festival Light Show Cost Comparison Event Allocation $35,000 July 4, 2025 July 5, 2024
Open Sky Productions (150 drones)
150 Drones N/A $ 35,000
Sky Elements Drones
100 Drones $ 40,000 $ 20,000
150 Drones $ 60,000 $ 30,000
200 Drones $ 80,000 $ 40,000
Grizzly Drone Light Shows
200 Drones N/A $ 27,000
*Pricing is based on availability as of February 2025 and is subject to change.
As is noted in the Tables A and B, the cost for the Festival is almost doubled when hosted on the actual holiday, which limits the number of drones and variety of rides that can be offered within the specified budget.
Staff will continue to explore sponsorships and partnerships to enhance the event’s offerings while controlling costs. However, this event is not possible without additional funds if we do not receive additional grant sponsors.
Event Planning
Beyond cost considerations, planning a community event on a regularly recurring day — such as the first Saturday of each month or the third Friday of each season — offers several key benefits, including increased community awareness, stronger attendance, and easier promotion.
Consistency can build anticipation and help residents integrate the event into their routines, making participation more likely.
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in advance to increase the likelihood that the most desirable rides and amenities will be available for the event. Additionally, knowing the date of the event well in advance allows staff to better prepare each year to anticipate higher costs on certain years, such as 2026, when the holiday falls on the first Saturday of July. Based on these advantages, staff considered the tradeoffs of hosting the Festival on the first Saturday of July versus on the actual 4th of July holiday.
Hosting the Independence Day festival on the first Saturday of July may boost attendance due to the convenience of a weekend, fostering a stronger sense of community as more people come together, as well as reduce conflicts with personal holiday plans or family gatherings, and allow staff to enjoy the holiday with their families. However, it may lessen the patriotic impact of celebrating on the actual July 4th holiday. In contrast, holding it on the July 4th holiday offers greater symbolic significance and alignment with national celebrations, but may face lower turnout if it falls midweek and pose scheduling or staffing challenges.
Based on the cost and logistics analysis, staff recommends that City Council approves the establishment of a regularly recurring Independence Day Festival to be hosted on the first Saturday of each July.
If City Council is in support of hosting the Independence Day Festival on the first Saturday in July each year, Table C provides the dates for the next five (5) years.
TABLE C: Future 4th of July Dates
Day and Year of Holiday Date of Event
Saturday, July 4, 2026 Saturday, July 4, 2026
Sunday, July 4, 2027 Saturday, July 3, 2027
Tuesday, July 4, 2028 Saturday, July 1, 2028
Wednesday, July 4, 2029 Saturday, July 7, 2025
Thursday, July 4, 2030 Saturday, July 6, 2025
Independence Day Festival 2025
Plans for this year July 4th celebration to be hosted on July 5, 2025 will include an evening of family-oriented activities such as carnival games, a community scavenger hunt, live entertainment (bands, DJs, and an MC), and a finale evening drone show consisting of 100 drones. These attractions are aimed at promoting togetherness, recreation, and fun for residents of all ages.
BUDGET IMPACT:
The City will budget appropriately for the annual “Independence Day Festival.” For reference, the Fiscal Year (FY) 2023-2024 budget allocated $35,000 for the event. In FY 2024-2025, $52,000 was allocated as an ongoing enhancement. In past years, staff has secured approximately $5,500 in sponsorships and in-kind donations to offset event costs, and staff will pursue similar support April 7, 2025 CC Special & Regular Mtg Page 392 of 651
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this year. If the City Council chooses to enhance the event with additional premium features — such as an expanded drone light show or attractions beyond the current budget — additional funding may be required to support those enhancements. However, by holding the event on the closest Saturday rather than on July 4th, the City is in a better position to manage costs within the existing budget allocation due to the reduced vendor premiums, as illustrated in Table B.
CONCLUSION:
City staff is prepared to move forward with planning the 2025 “Independence Day Festival” on Saturday, July 5, 2025, at Recreation Park, pending City Council’s approval. This reimagined annual event is intended to foster community spirit and provide a day of fun and togetherness for residents, while maintaining fiscal responsibility. Staff recommends that the City Council approve the new event dates, designate the Saturday closest to July 4th going forward to ensure the success of this community festival.
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ATTACHMENT “A”
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AGENDA REPORT
COMMUNITY DEVELOPMENT DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1227 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Date: April 7, 2025
Subject: A Continued Public Hearing to Consider Adopting an Ordinance Repealing and Replacing Chapter 106 (Zoning) of the San Fernando Municipal Code RECOMMENDATION:
It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public testimony, approve introduction for first reading, in title only, and waive further reading of Ordinance No. 1732 (Attachment “A”) titled, “An Ordinance of the City Council of the City of San Fernando, California Repealing and Replacing Chapter 106 (Zoning) of the San Fernando Municipal Code”.
BACKGROUND:
1. On September 30, 1985, the City Council adopted Ordinance No. 1249, a Comprehensive Zoning Ordinance repealing and replacing the San Fernando Zoning Code.
2. On June 6, 2022, the City Council adopted Resolution No. 8153 approving and adopting the City of San Fernando 2021-2029 Housing Element, which includes a Housing Plan with Goals, Policies and Programs aimed at addressing the City’s housing needs.
3. On February 20, 2024, the City Council adopted Urgency Ordinance No. U-1723 to establish regulations for establishments selling alcohol.
4. On March 18, 2024, the City Council adopted Urgency Ordinance No. U-1725 extending the temporary moratorium on the installation of artificial turf and synthetic grass.
5. On August 12, 2024 and September 9, 2024, the Planning and Preservation Commission considered and discussed proposed landscape standards.
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6. On October 30, 2024, the website was updated to include draft zoning code changes pertaining to landscape standards and outdoor dining. A draft outdoor dining ordinance and PowerPoint were shared via email with the San Fernando Mall Association and the San Fernando Chamber of Commerce.
7. In December 2024, inserts were printed and mailed out with water bills to all residents notifying them of the zoning code updates underway and Department contact information.
8. On January 27, 2025, at a duly noticed public hearing, the Planning and Preservation Commission unanimously approved Resolution No. 2025-001, recommending the City Council adopt an Ordinance to repeal and replace the City of San Fernando’s Zoning Code.
9. On March 3, 2025, a duly notice public hearing was held before the City Council to consider Ordinance No. 1732 to repeal and replace Chapter 106 (Zoning) of the San Fernando Municipal Code. There were two (2) public speakers that provided public comments. The City Council continued the public hearing to April 7, 2025.
ANALYSIS:
A zoning code is a critical component of a city’s legal framework for land use and development.
It establishes detailed regulations that dictate how land can be used, what activities are permitted in specific areas, and the standards for building and infrastructure. As part of the municipal code, the zoning code serves as a tool to implement the broader goals outlined in the city's general plan, which is a long-term vision document that guides the community's growth, development, and sustainability efforts. While the general plan sets high-level policies and objectives, the zoning code translates those into actionable rules, ensuring that land use aligns with the community's vision for housing, transportation, environmental conservation, and economic development. Together, the general plan and zoning code work to create cohesive, functional, and sustainable communities.
A Housing Element is one of six1 required elements of a City’s General Plan. It serves as a comprehensive framework for addressing the housing needs of the community across all income levels, as set by the State of California. It outlines the City’s policies, goals and programs to create, preserve, and improve housing opportunities and affordability. Among the programs and policies in the City’s Housing Element is to amend the City’s Zoning Code to comply with State Housing Laws and to organize the code in a user-friendly format.
The last comprehensive update to the City’s Zoning Code was in 1985. Since then, the zoning code has been amended through targeted updates, as needed. After nearly 40 years, the opportunity has come for a comprehensive review to ensure the code remains clear, consistent, and well organized. A refresh will enhance its usability for residents, property owners, business owners, prospective applicants, and City staff, while aligning the code with state law, community needs, and City policies.
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The project was initially included in the scope of work for funding under the Southern California Association of Governments’ (SCAG) Regional Early Action Planning (REAP) Grants 2.0 of 2021, based on zoning code updates identified in the City’s Housing Element Programs. However, due to delays in the release of REAP funding and concerns about maintaining code compliance, the City opted to move forward independently. Staff initiated a call for service from the City’s list of pre-approved on-call planning consultants to select a consultant for the zoning code update.
Through this process, Precision Civil Engineering was selected and began work on the project in May 2025.
The zoning code update sets to accomplish four main goals and lay the framework for future updates. These goals are:
1. A reorganization and clean up for the purposes of creating a clear, consistent and well-organized document.
2. Implement Housing Element programs.
3. Codify City policies and procedures.
4. Incorporate development standards for specific land uses.
In addition to these goals, the newly organized zoning code is designed to establish a strong foundation for future updates, including those required as part of the SCAG REAP 2.0 Scope of Work, enabling the City to expedite necessary amendments within a compressed timeline.
Furthermore, the reorganized code will support best practices by streamlining the process for scheduling annual cleanup amendments, ensuring the code remains clear, consistent, and well-maintained over time.
March 3, 2025 City Council Comments.
On March 3, 2025, the City Council discussed the proposed zoning code ordinance during a public hearing. During City Council comments, Councilmember Fajardo asked for clarification on how the list of Native Trees was derived.
A tree is considered a California native if it naturally occurred within the state’s political boundaries before the arrival of European explorers and colonists, not as a result of human activity, and is adapted to the local climate, soil and wildlife. The Urban Forest Management Plan included a Street Tree Palette, which is a list of recommended trees to plant along the public right-of-way and a list of recommended yard trees to plant on residential properties in San Fernando. Staff reviewed these lists of suitable trees and pulled from the lists all those that were California Native Trees to create the following definition of a Native Tree in the City’s zoning code.
Native Tree means any tree with a trunk more than eight (8) inches in diameter at a height of 4½ feet above natural grade that is one (1) of the following species:
a. Quercus agrifolia (Coast live oak)
b. Quercus lobata (Valley oak)
c. Umbellularia californica (California bay)
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d. Cercis accidentalis (Western redbud)
e. Lyonothamnus floribundus, ssp. Asplenifolius (Santa Cruz island ironwood, Catalina) f. Parkinsonia “Desert Museum” (Desert Museum palo verde) g. Prunus ilicifolia ssp. Lyonii (Catalina cherry)
h. Chilopsis linearis (Desert willow)
i. Calocedrus decurrens (incense cedar)
j. Pinus torreyana (Torrey pine)
The proposed ordinance protects those trees that fall within the Native Tree definition as well as heritage and protected trees. Heritage trees are those that meet one (1) or more of the following criteria to be designated by City Council upon recommendation by the City’s tree commission as a Heritage Tree:
1. The tree’s age and association with a historic building or district gives the tree historical significance;
2. The tree represents a specimen that is particularly rare in the Los Angeles basin and is of considerable size and age;
3. The tree possesses unique characteristics or special horticultural significance; or
4. The tree is of a significant size and/or makes a significant and outstanding aesthetic impact to its setting and is an exceptional specimen in good condition and health.
The Urban Forest Management Plan includes seven (7) trees on private property that would qualify as heritage trees; however, staff did not include them in the proposed ordinance. The Planning and Preservation Commission or the City Council may consider their designation at a later date.
Staff also did not include a list of protected trees at this time, but the proposed ordinance allows for such a list to be adopted in the future.
Reorganization.
The City’s Zoning Code, found in Chapter 106 of the Municipal Code, is structured into six (6) articles. Each article is further divided into divisions and subdivisions. This hierarchical structure has been preserved to ensure its consistency with the other chapters of the Municipal Code.
Proposed changes include updating the titles of the articles and overall reorganization of the subsequent divisions and subdivisions. Additionally, information throughout the code has been consolidated into charts where applicable. This approach provides a far more efficient way of presenting information, eliminating the need to cross-reference multiple sections as in the previous code format.
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The proposed revised table of contents is illustrated below:
Original Table of Contents Proposed Table of Contents
Article I. - In General Article I. – General Provisions Article II. - Administration Article II. – Base and Overlay Zones Article III. - Zones Article III. – General Regulations Article IV. - Building Line Chart Article IV. – Standards for Specific Land Uses and Activities
Article V. - General Development Standards Article V. – Administration Article VI. - General Regulations Article VI. – Definitions The sections that have been added are detailed in Attachment “B”. To ensure clarification, clarity and structure to the zoning code the following revisions are proposed:
• Article I, Division 2. – Interpretation of Zoning Code Provisions. This section provides rules for resolving questions about the meaning or applicability of any requirement of the zoning code. The rules provided in this section are intended to ensure consistent interpretation and application of the provisions of the zoning code. • Article II, Division 2. – Residential Zones (R). This section is revised to organize data of all residential zones into tables. Residential accessory structures has been expanded to include the same setbacks for a two-story accessory structure than a single family home. • Article II, Division 3. – Commercial Zones (C). This section is revised to organize data of all residential zones into tables.
• Article II, Division 4. – Industrial Zones (M). This section is revised to organize data of all residential zones into tables.
• Article V, Division 6. – Site Plan Review. This article has been revised to set clear thresholds for planning projects that require a site plan review. Also, the exceptions to site plan review are codified in this update as well as the application process. • Article V, Division 9. – Modifications. This article was revised to reference allowed modifications that were identified in various sections of the previous code. • Article VI. – Definitions. This article brings together all the definitions that were located in various sections throughout the zoning code chapter. It also includes defintions for uses that were missing or key terms.
• Sec. 106-2. – Authority. This section was revised to clarify authority. • Sec. 106-3. – Purpose. This section was revised to clarify the relationship between General Plan and California Environmental Quality Act (CEQA). • Sec. 106-4. – Structure of Development Code. This section provides the structure of the zoning code.
• Sec. 106-6. – Applicability. This section clarifies to what or whom the zoning code shall apply.
• Sec. 106-11. – Rules of Interpretation. This section explains terminology used and how to interpret the zoning code.
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• Sec. 106-16. – Procedural Requirements. This section states that failure to follow the procedural requirements contained in this chapter shall not invalidate City actions taken in absence of a clear showing of intent.
• Sec. 106-189. – Projections Into Required Setback Area. This section provides a chart of building protections that are allowed to extend into the required setbacks and provides the amount of the allowed encroachment.
• Sec. 106-190. – Access. This section clarifies that access every structure shall have access to a public street.
• Sec. 106-284. – Location of Parking. This revision allows for non-residential uses to have shared parking within 500 feet through an approved shared parking agreement. • Sec. 106-324. – Driveway Access and Traffic Sight Clearance. This revision compiles all driveway standards. It also provides standards for a circular driveway. • Sec. 106-374. – All Zones. This is part of the wall and fences section that has been updated to list all wall and fence standards that apply to all properties. • Sec. 106-375. – Residential Zones. This is part of the wall and fences section that has been updated to list all wall and fence standards that apply to all residential properties. • Sec. 106-376. – Commercial, Industrial, and Mixed-Use Zones/Properties. This is part of the wall and fences section that has been updated to list all wall and fence standards that apply to all commercial/industrial and mixed use properties. • Sec. 106-377. – Construction Materials. This is part of the wall and fences section that has been updated to list acceptable and prohibited materials. • Sec. 106-379. – Permits. This is part of the wall and fences section that clarifies permits needed.
• Sec. 106-380. – Inspection. This is part of the wall and fences section that clarifies inspections needed.
• Sec. 106-808. – Purpose. This describes the purpose of Article V. - Administration. • Sec. 106-809. – Summary of Planning Permits and Actions. This section adds a table that shows a brief summary of the permits and actions that are administered under the zoning code.
• Sec. 106-810. – Application Process and Fees. This section describes who may submit an application, what constitutes an application and what fees are to be paid at the time of application.
• Sec. 106-811. – Application Review. This section describes the application process. • Sec. 106-875. – Post-Approval Procedures. This section states that a conditional use permit shall expire if the use is discontinued after one (1) year. It does allow for an extension of time of up to an additional year of time.
• Sec. 106-1019. – Purpose. This section states that City Council may amend the zoning code whenever required by public necessity, convenience and general welfare.
Housing Element Programs.
The City of San Fernando’s certified and adopted 2021-2029 Housing Element identified a number of zoning code amendments to comply with state law as goals and policies of its housing plan. Specifically, Goal 5.0 of the City’s Housing Element is aimed to reduce and remove April 7, 2025 CC Special & Regular Mtg Page 402 of 651
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government barriers, where feasible and legally permissible, to reduce cost of housing production and facilitate both ownership and rental opportunities for all residents. Policy 5.1 calls to amend the City’s zoning code and specific plan to comply with recently adopted state regulations. The amendments to the code below are to comply with state law pertaining to Accessory Dwelling Units (ADUs), transitional and supportive housing, low barrier navigation centers, employee and farmer worker housing.
• Article II, Division 2. – Residential Zones (R). Added ADUs, employee housing, supportive and transitional housing as a permitted use in all residential zones and low barrier navigation centers as permitted in R2 and R3 zones.
• Article II, Division 6. – Overlay Zones, Subdivision III. – MUO Mixed Use Overlay. This was adopted by City Council on February 11, 2025.
• Article IV, Division 1. – Accessory Dwelling Units. This division has been updated to comply with state law, but also includes objective development standards. • Article V, Division 3. – Zone Clearance. This division establishes a “streamlined development” process under the zone clearance for those projects in which the state requires a ministerial review and approval.
• Article V, Division 6. – Site Plan Review. This article is updated to include language pertaining to findings for approval of a housing development project as required by state law.
• Sec. 106-278. – Parking Spaces Required. This adds the citation that state law requires an exception to the required parking if a project is within one-half mile of public transit.
City Policies and Procedures.
The current zoning code contains broad thresholds for application review processes. Historically, these processes and thresholds were refined and clarified through internal policies rather than codified standards. This was intended to provide staff with maximum discretion in evaluating project applications.
As part of the proposed code update, staff has incorporated department policy-driven thresholds and processes directly into the zoning code. By formalizing these procedures, the updated code ensures that applicants and the public have clear and consistent information about review processes and decision-making criteria. This approach not only supports greater accountability but also streamlines project evaluation by aligning established practices with codified standards.
Updates proposed for this purpose are below.
• Article V, Division 4. – Administrative Planning Review. This division codifies thresholds for level of review for planning applications that do not require full Site Plan Review or Conditional Use Permit review that had been previously set in department policy. • Article V, Division 5. – Temporary Use Permit and Special Event Permit. This division codifies the Special Events Permit process that the City has had in process since 2017. • Article V, Division 3. – Zone Clearance. This division codifies the practice of reviewing permitted land uses for compliance with various sections of the zoning code.
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Development Standards for Specific Land Uses.
The current zoning code has minimal development standards for specific types of land uses. The following common land uses have been added as part of the proposed update to begin the regular practice of adding standards to ensure quality development in the City. The exceptions are Article III, Division 4.- Landscape Standards for Private Property; Article IV, Division 21.- Outdoor Dining, and Article IV, Division 22.- Establishments Selling Alcohol. These divisions were added because of efforts that begin separately but because of timing were incorporated into this larger update.
• Article III, Division 6. – Screening. This section was added to address multi-story building abutting a residential property and also to ensure screening of mechanical equipment in developments.
• Article III, Division 4. – Landscape Standards for Private Property. This article has been added to establish city-wide landscape standards as directed by City Council to accomplish the following goals:
o Prohibition of the installation of synthetic grass and artificial turf prior to the expiration of the moratorium on artificial turf
o Create Hardscape and landscape standards and requirements; o Comply with the State Model Water Efficient Landscaping Ordinance (MWELO); o Comply with the State Low Impact Development (LID) requirements for stormwater management;
o Develop drought-tolerant planting standards compliant with MWD rebate program requirements; and
o Establish a private tree protection standards, as recommended by the San Fernando Urban Forest Management Plan.
• Article IV, Division 15. – Animal Boarding, Pet Day Care, Veterinary Clinics and Animal Hospital. This section was added to create standards.
• Article IV, Division 16. – Automatic Teller Machines (ATMS). This section was added to create standards.
• Article IV, Division 17. – Drive-Through Establishments. This section was added to create standards.
• Article IV, Division 18. – Live/Work Development. This section was added to create standards.
• Article IV, Division 19. – Temporary Storage Containers. This section was added to create standards.
• Article IV, Division 20. – Vehicle Fueling and Electric Vehicle (EV) Charging. This section was added to create standards.
• Article IV, Division 21. – Outdoor Dining. This article has been added to develop standards for outdoor dining on private property that will mirror the regulations that will be set forth for outdoor dining on the public right of way. This is a department work plan item approved by the City Council as part of the 2024-2025 Adopted Budget. The goal is to replace the outdoor dining permitted during COVID by setting standards in place for review.
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A Continued Public Hearing to Consider Adopting an Ordinance Repealing and Replacing Chapter 106 (Zoning) of the San Fernando Municipal Code
• Article IV, Division 22. – Establishments Selling Alcohol. This division has been added to move these standards from Chapter 22- Business of the City of San Fernando Municipal Code.
This comprehensive update to the zoning code is a critical step toward ensuring the City’s growth is managed effectively and in alignment with state law, local policies, and community goals. By reorganizing the code for clarity and accessibility, implementing housing element programs, and codifying established policies and practices, the City will create a more equitable, sustainable, and predictable framework for development. This update not only enhances regulatory consistency but also supports economic development, public confidence, and the preservation of community character, positioning the City to better serve its residents and businesses for years to come.
Environmental Review.
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (“CEQA”) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with certainty that the proposed activity will not have a significant effect on the environment as the prosed amendments are intended to reorganize the zoning code for better functionality, comply with applicable State provisions, and streamline implementation and administration of the zoning ordinance, correct inconsistencies and clarify ambiguities. In addition, under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of sections 66310 to 66342 of the Government Code, which is California’s ADU law and which regulates JADUs, as defined by Sections 66333 to 66339. Therefore, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one (1) use to another.
Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activities that expressly falls within this exemption.
Planning and Preservation Commission Review.
The Planning and Preservation Commission (“Planning Commission”) held a public hearing to consider the project at a special meeting on January 27, 2025. The Commission expressed support for the repeal and replacement of the City’s zoning. The Planning Commission unanimously approved the adoption of Resolution No. 2025-001 recommending that the City Council repeal and replace Chapter 106 (Zoning) of the San Fernando Municipal Code (Attachment “C”).
Public Hearing Notice.
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. The City also published notice of this public hearing at least 20 days before the meeting in accordance with San Fernando Municipal Code Section 106-72.
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A Continued Public Hearing to Consider Adopting an Ordinance Repealing and Replacing Chapter 106 (Zoning) of the San Fernando Municipal Code
BUDGET IMPACT:
The preparation of these ordinances was an enhancement approved by the City Council as part of the Fiscal Year 2024-2025 Adopted Budget.
CONCLUSION:
Staff recommends that the City Council conduct a public hearing; pending public testimony, consider approving introduction for first reading, in title only, and waive further reading of Ordinance No. 1732 (Attachment “A”) titled, “An Ordinance of the City Council of the City Of San Fernando, California Repealing and Replacing Chapter 106 (Zoning) of the San Fernando Municipal Code”.
ATTACHMENTS:
A. Ordinance No. 1732, including:
Exhibit “A”: Chapter 106 (Zoning) (provided digitally through weblink) B. New Section to Chapter 106 (Zoning)
C. Planning Commission Resolution
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ATTACHMENT “A”
ORDINANCE NO. 1732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 106 (ZONING) OF
THE SAN FERNANDO MUNICIPAL CODE
WHEREAS, California Constitution Article XI, Section 7, enables the City of San Fernando (the “City) to enact local planning and land use regulations; and WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and WHEREAS, the City has identified a need to reorganize and amend its zoning code to improve its usability, clarity, and consistency while ensuring compliance with new state laws and implementing policies and programs identified in the City’s Housing Element; and WHEREAS, the City has identified a need to codify policies and procedures to improve public access to said policies and procedures; and
WHEREAS, the City has identified a need to set certain development standards to facilitate application review and processing; and
WHEREAS, the Planning and Preservation Commission, as part of its special meeting of January 27, 2025, conducted a duly noticed public hearing on the proposed code reorganization and amendments, and all testimony was received and made part of the public record; and WHEREAS, the City prepared a revised zoning code that includes new articles, divisions, and sections, as well as modifications to existing provisions to enhance the organization, functionality, and compliance of the zoning code as detailed in Exhibit “A” attached hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. Environmental Findings. This project has been determined to be exempt from the requirements of the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) because there is no possibility that the project may have a significant impact on the environment. The text amendments are administrative and regulatory in nature, focused on improving clarity, consistency, and compliance with existing State mandates and the 6th Cycle Housing Element, and do not involve any physical development or changes in land use. Therefore, there is no potential for the project to result in direct or indirect environmental impacts.
SECTION 3 Zoning Text Amendment Findings. Pursuant to San Fernando City Code Section 106-19 (Zoning Text Amendments) the following findings for adoption of the proposed amendment can be made in a positive manner as follows:
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ORD. NO. 1732
2 a. The proposed amendment is consistent with the objectives, policies, general land uses and programs of the city’s general plans.
The proposed code reorganization aligns with and supports the San Fernando General Plan by ensuring clarity, accessibility, and consistency in the implementation of zoning regulations. Specifically:
• Consistency with Land Use Objectives: The reorganization provides clear guidance for implementing land use policies outlined in the General Plan, ensuring that zoning designations align with the intended character and uses of various districts within the city.
• Policy Alignment: The amendment enhances the usability of the zoning code, making it easier for stakeholders, including residents, developers, and staff, to understand and comply with the city’s development standards. This supports the General Plan’s goals of promoting orderly growth, sustainable development, and efficient land use practices.
• Program Implementation: By improving the structure and organization of the zoning code, the proposed amendment facilitates the effective execution of General Plan programs, such as fostering economic development, housing opportunities, and infrastructure improvements.
• Enhanced Transparency: The amendment eliminates redundancies and clarifies ambiguities, fostering greater transparency and ensuring that the zoning code serves as a reliable tool for implementing the General Plan’s vision and objectives. b. The adoption of the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.
The proposed code reorganization supports the public interest and enhances public welfare by improving the efficiency and effectiveness of zoning regulations as described below:
• Clarity and Accessibility: The reorganization simplifies the zoning code structure, making it easier for the public, property owners, and developers to understand and comply with city regulations, thus reducing potential disputes and enforcement challenges.
• Promoting Public Safety: By ensuring consistency and clarity in development standards, the amendment supports the city’s ability to enforce regulations that protect public health and safety, such as those related to building codes, setbacks, and environmental safeguards.
• Streamlining Processes: The amendment enhances the convenience of navigating the zoning code, thereby streamlining the permitting process and reducing delays for property owners and developers, all while maintaining regulatory standards. • Community Welfare: A well-organized zoning code promotes orderly development, enhances property values, and ensures land uses that are compatible with community needs and expectations, contributing positively to the overall quality of life in San Fernando.
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ORD. NO. 1732
3 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando at its Regular Meeting held this ____day of ________ 2025.
____________________________________
Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:
____________________________
Julia Fritz, City Clerk
APPROVED AS TO FORM:
____________________________
Richard Padilla, City Attorney
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ORD. NO. 1732
4 CERTIFICATION
I, City Clerk of the City of San Fernando, do hereby certify that the above and foregoing is a full, true, and correct copy of Ordinance No. 1732 which was introduced on April 7, 2025, and adopted by the City Council of the City of San Fernando, California at a regular meeting duly held on the ____ day of ________, 2025 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHERE OF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of _______ 2025.
Julia Fritz, City Clerk
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ATTACHMENT “B”
1 NEW DIVISONS AND SECTIONS TO CHAPTER 106 (ZONING)
NEW DIVISION LIST
ARTICLE 1. GENERAL PROVISIONS
DIVISION 2. - INTERPRETATION OF ZONING CODE PROVISIONS.
Sec. 106-9. - Purpose.
This section provides rules for resolving questions about the meaning or applicability of any requirement of this chapter. The rules provided in this section are intended to ensure consistent interpretation and application of the provisions of this chapter.
Sec. 106-10. – Authority.
The Director shall have the responsibility and authority to interpret the requirements of this chapter unless specified otherwise in this chapter.
Sec. 106-11. – Rules of interpretation.
A. Terminology. When used in this chapter, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to . . . .” The words “buildings and structures” are referred to as “structures.”
B. Common words use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries.
C. Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days, unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a Cityrecognized holiday, or a day the City is not open for business.
D. Minimum requirements. When any regulation of this chapter is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (such as height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).
E. State law requirements. Where this chapter references provisions of State law (e.g., The California Government Code, Subdivision Map Act, Public Resources Code, and the like), the reference shall be construed to be the current State law provisions, as they may be amended from time to time.
F. Residential zones. Whenever this chapter refers to “residential zones,” it shall mean properties in the R1, R2, R3, RPD overlay and residential zones with a PD overlay.
G. Calculations – rounding. Wherever this chapter requires calculations to determine applicable requirements, any fractional result of the calculation shall be rounded to the next higher whole number when the fraction is 0.5 or greater, and to the next lowest whole number when the April 7, 2025 CC Special & Regular Mtg Page 411 of 651
ATTACHMENT “B”
2 fraction is less than 0.5. In the case of the number of dwelling units, numerical quantities that are a fraction of whole numbers shall be rounded to the next higher whole number.
H. Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:
1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;
2. If a district boundary divides a parcel, and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale on the zoning map; and
3. Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.
I. Allowable uses of land. If a proposed use of land is not specifically listed in Division 2 (Residential Zones), Division 3 (Commercial Zones), Division 4 (Industrial Zones), Division 5 (Specific Plan Zones) and Division 6 (Overlay Zones) of Article II, the use shall not be allowed, except as follows.
J. Applicable standards and permit requirements. When the Commission determines that a proposed use not listed in Article II is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this chapter apply.
K. Procedure for Interpretations. At the written request of any interested person, or at the Director’s discretion, the Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation.
L. Request for interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review.
M. Record of interpretations. Official interpretations shall be:
1. In writing, and shall quote the provisions of this Title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
2. Distributed to the Council, Commission, City Attorney, City Clerk, and all pertinent staff.
N. Appeals and referral. Any interpretation of this chapter by the Director may be appealed to the Commission as provided in Division 2 of Article V of the SFMC. The Director may also refer any interpretation to the Commission for a determination.
O. Amendments. Any provision of this Chapter determined by the Director to need refinement or revision should be corrected by amending this chapter as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section being interpreted.
P. Procedure for unlisted uses. Any use may be permitted which in the judgment of the commission, as evidenced by resolution in writing, are similar to and no more objectionable than any of those enumerated in the applicable zone district.
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ATTACHMENT “B”
3 Subdivision III. – MUO Mixed Use Overlay
Sec. 106-171. – Intent and purpose.
The MUO mixed use overlay zone is established to provide development opportunities for integrated, complementary residential and commercial development on the same parcel or a contiguous group of parcels. The MUO zone may be applied as an additional zone classification to land zoned C-1 limited commercial zone or C-2 commercial zone.
Sec. 106-172. – Use regulations.
A. Property may be developed solely for residential uses at a density range of 20-35 units per acre.
B. Property may be developed solely for uses permitted or conditionally permitted in accordance with the provisions of the underlying zoning district.
C. Uses mandated by state law to be permitted in mixed use zone districts are permitted in the Mixed Use Overlay (Transitional and Supportive Housing, Low Barrier Navigation Centers and Accessory Dwelling Units).
D. If property is developed with a mix of residential and non-residential uses within the same project area, the following are required:
1. For the commercial component, property may be developed with uses permitted or conditionally permitted in accordance with the provisions of the underlying zoning district, except for the specific limitation identified in section 106-72.
2. Commercial uses are required on the ground floor adjacent to arterial streets and at all corners adjacent to arterial streets.
3. On corner parcels, the non-residential use shall turn (wrap around) the corner for a distance of at least 30-feet, or at least 50% of the building façade, whichever is less. The termination of use shall occur at an architectural break in the building.
4. For buildings located within 20 feet of a public street, the non-residential component of a mixed-use project shall contain at least 60% pedestrian-oriented commercial uses intended to increase pedestrian activity on the adjacent streets. Other non-residential uses may be substituted for commercial uses, if authorized by a resolution of the Planning and Preservation Commission, provided, it can be demonstrated that such nonresidential use will increase pedestrian activity on the adjacent streets and is not a prohibited use listed below.
5. All commercial tenant spaces on the ground floor shall have a minimum depth of 30 feet.
6. Overall commercial floor area shall be a minimum of 25% of the project’s total gross floor area.
7. Residential uses shall occupy a minimum of 50% of the project’s total gross floor area.
8. The minimum residential density permitted is 20 units per acre.
9. The permitted residential component of the mixed-use project includes:
10. Multiple-family dwellings;
11. A live-work unit, defined as a dwelling unit that combines residential and commercial or office space within the same space, shall be considered a residential unit or development in the Mixed Use Overlay. A live-work unit or development must comply April 7, 2025 CC Special & Regular Mtg Page 413 of 651
ATTACHMENT “B”
4 with all building code requirements which may require size, separation and use requirements and limitations.
12. The following uses and activities shall not be permitted within the Mixed Use Overlay zone when a mixed use project is proposed:
a. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, or any similar use.
b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.
c. Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.
d. Any activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
1. After approval, a mixed-use building shall not be converted to entirely residential use.
2. A City-approved covenant shall be executed by the owner of each residential unit within a mixed use development for recording in the land records of Los Angeles County, and shall include statements that the occupant(s) understand(s) and accept(s) the person is living in a mixed use development, and that commercial activities are permitted pursuant to the regulations in the SFMC. If the project includes rental residential units, the project owner shall execute such covenant and a copy of the recorded covenant shall be provide to each new occupant of the rental units.
Sec. 106-173. – Density and massing development standards.
Any project developed pursuant to this division shall comply with the following, and any permit issued shall be subject to such provisions established as conditions of approval. Please note if residential uses are not proposed, only the Development Standards of the underlying zone district apply:
TABLE 106-186: DEVELOPMENT STANDARDS – MIXED-USE OVERLAY (MUO) District MUO (100%
Commercial)
MUO
(100%
Residential
)
MUO
MixedUseAdditional Regulations
Density (du/acre) N/A 20-35 20-35
Yards/ setbacks (ft.)
See sections 106-188
and 106-189 for
additional
requirements on
setbacks.
Front (min./max.) (1) 5/10 (3)(4) 0/15
(2)(4)
Reference to living wall
requirements
Street side (min./max.) (1) 5/10 (3)(4) 0/0 (2)(4)
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ATTACHMENT “B”
5 Interior Side (min.) (1) 5 [5] 0 (5)
Rear (1) 5 [5] 0 (5)
Maximum height (ft.) (1) 45 (7) 45 (7)
Building site coverage (max. %) (1) 80 80
Open space standards (sq ft.) See section 106-173 C.
Private (min.) - 80 60
Common (min.) - 100 100
Specific Limitations:
(1) Follow the base zone district (Section C-1 & C-2) development standards. (2) A 0-15-foot setback is allowed to accommodate pedestrian-oriented outdoor uses and amenities which the Director of Community Development determines are appropriate to an urban setting, such as outdoor patio dining areas, plazas and courtyards, fountains, public art, entry forecourts, and landscaping.
(3) A reduced setback may be permitted if the ground floor is used for non-living areas such as manager’s office, gym, etc.
(4) A 15-foot setback is required when abutting single family residential uses to match front yard setback.
(5) A 10-foot setback is required if proposed or existing uses will abut existing or proposed nonresidential uses. (6) Applies to the non-residential components of the project only (7) Certain Roof mounted structures may exceed height. See Division 6 of Article III.
A. General Standards
1. Screening. When a multi-story building is proposed and the second story or above is located within 50 feet of the side or rear yard of a single-family lot, screening measures should be applied to provide a reasonable degree of privacy. a. Screening measures include, but are not limited to, landscaping, alternate window and balcony placements, placing windows at least six feet from the floor of the interior of the unit, incorporating wing walls or louvers, using glass block or other translucent material, and other such methods.
b. Sufficiency of Screening. The Planning and Preservation Commission shall determine the sufficiency of the proposed screening measures and may require additional measures.
2. Security Barriers.
a. Any security barriers installed on the windows or the doors of the premises shall be installed only on the interior of the building and in compliance with all City Building, Zoning, and Fire Codes.
b. Security barriers shall meet the following criteria:
i. Only open grill design security systems located on the inside of the building shall be permitted on elevations visible from the street. ii. Open grill design security systems shall be primarily transparent with not less than seventy-five percent (75%) visibility from the street.
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ATTACHMENT “B”
6 iii. Solid roll-down security doors are prohibited unless part of a vehicle loading bay.
iv. Interior security gates shall be opened and fully retracted during the hours of operation.
B. Building Standards
1. Façade modulation and articulation.
a. Building Length Articulation. At least one projection or recess shall be provided for every 50 horizontal feet of wall in one of the following manners:
i. Projections or recesses for buildings 50 feet wide or less shall be exempted from the building length articulation requirement; projections or recesses for buildings greater than 50 feet in width but less than 100 feet in width shall be no less than 12 inches in depth; or projections or recesses for buildings 100 feet wide or wider shall be no less than 24 inches in depth.
ii. The depth and width of the projection or recess shall be proportionate to the overall mass of the building.
b. Building Height Articulation. In order to maintain a human scale for multi-story buildings, the height of façades shall be broken into smaller increments as follows:
i. Ground Floor. A substantial horizontal articulation of the façade shall be applied at the top of the first story. This element shall be no less than 18 inches tall, and should project from the adjacent wall plane. It shall be designed as a cornice, belt course, or a similar architectural element which is appropriate to the style of the building.
ii. Top Floor. Buildings or portions of buildings which are three stories in height or taller shall also provide articulation for the top story of the building. This may be accomplished by a color change, material change, a cornice/belt course at the bottom of the uppermost story, by stepping the uppermost story back, or similar measures.
Figure 106-173.1. Building Height Articulation
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ATTACHMENT “B”
7 c. Blank building facades shall be prohibited. Building facades without the use of windows or doors shall not span a continuous horizontal length greater than 20 feet across any story.
Figure 106-173.2. Blank Façade
d. Façade design.
i. The street-facing façade shall use of at least two different façade materials or colors, each covering a minimum of 20 percent of the street-facing façade.
ii. All façade materials and colors, such as siding, window types, and architectural details, used on the street-facing façade shall be used on all other building façades.
2. Transparency. Placement and orientation of doorways, windows, and landscape elements shall create strong, direct relationships with the street. Street-facing façades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses.
a. Commercial ground-floor uses. Windows and openings facing streets shall constitute a minimum of 50% of street-facing building faces. Windows shall provide a clear and transparent view into ground floor-uses or shall display merchandise to reinforce a pedestrian scale. Film may be provided to protect from the sun or as required to satisfy State or local energy efficiency requirements as long as some level of transparency is maintained. b. Commercial upper-floor uses. Windows and openings facing streets shall constitute a minimum of 40% of street-facing building faces. c. Residential ground-floor uses. Windows and openings facing streets shall constitute a minimum of 30% of street-facing building faces. d. Residential upper-floor uses. Windows and openings facing streets shall constitute a minimum of 20% of street-facing building faces.
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ATTACHMENT “B”
8 C. Open Space Standards. Maintaining open space areas provides recreational opportunities, allows sunlight to enter into living spaces and provides a spacious and inviting feel. Open space requirements are as follows:
1. Private open space(s) attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units.
2. Any common open space shall measure at least 15 feet in length in any direction. A minimum of 25 percent of the total area of the common open space shall be landscaped.
3. The following regulations apply to required residential open space areas within all mixed-use zoned lots.
a. More than one open space area may be provided on a lot. The sum of square footages for all eligible open space areas on a lot shall comprise the total open space area for that lot.
b. Required side or rear yard areas may be included in the calculated open space area but a required front yard area may not.
c. All required open space shall be usable. Usable open space shall be improved to support residents’ passive or active use. Such open space shall be located on the same parcel as the dwelling units for which it is required. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, changing facilities, fountains, planters, benches, and landscaping.
d. Open space areas shall have no parking, driveway or right-of-way encroachments.
e. Usable open space does not need to be located on the ground. Rooftop gardens and rooftop landscaping, including rooftops above parking structures, may be used to satisfy the open space requirement. Rooftop open space features and vertical projections such as sunshade and windscreen devices, open trellises, and landscaping shall not exceed 16-feet in height beyond the maximum permitted height.
4. Landscaping. A landscaping plan for all common open areas shall be submitted with the other plans. Approval of the landscape element shall include approval of an acceptable watering system, and assurance of continued maintenance. a. New development shall plant new trees and bushes along the main street frontage to the full extent.
5. Fences, walls, and hedges.
a. Whenever a mixed-use zoned lot shares a side or rear property line with a residentially zoned lot, and non-residential uses are located within 15 feet of that side or rear property line, a six-foot tall solid masonry wall shall be provided, along or adjacent to all such side and rear lot lines. The wall shall conform to the height regulations applicable to front yard areas of the residentially zoned lot having the common lot line. A landscape buffer shall also be provided along the shared lot lines.
b. Roll down security gates or fencing may not be on the exterior of buildings.
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ATTACHMENT “B”
9 D. Parking Standards
1. Applicable Standards. The applicable standards and requirements, including number of minimum parking stalls, required in Division 3 of Article V of this chapter shall apply, with the following additional standards in this subsection.
2. Parking reduction in proximity to transit. Pursuant to Government Code § 65863.2, the required off-street vehicular parking may be waived for certain projects within one-half mile distance of public transit, as applicable.
3. Parking reduction for mixed-use and residential projects. A reduction in off-street parking requirements may be granted pursuant to Division 3 of Article V.
4. Screening.
a. Screening. Any parking structure with at least one floor of parking at grade or above, and which contains primary property frontage along a primary street, shall incorporate wrapped residential uses or retail businesses with shopping windows viewable from the sidewalk along the ground floor, or two or more of the following features:
i. Display or shopping windows;
ii. Landscape material (e.g., foundation plantings, vertical trellis with vines, planter boxes with cascading landscape material) that results in the parking structure being adequately screened from adjoining parcels; iii. Architectural detailing and articulation that provides texture on the façade or structure openings and effectively integrates the parking structure into the basic building design.
b. Surface parking. Surface parking shall be located on the interior side or rear of the site to the greatest extent practicable. Surface parking between the sidewalk and buildings shall be prohibited unless no alternatives are feasible.
E. Site Standards
1. Access and circulation.
a. Building entrances.
i. Street-facing primary entrances for non-residential uses shall be accessible to the public during business hours. Residential and nonresidential entries shall be clearly defined features of front façades, and of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance, while maintaining a pedestrian scale. ii. When non-residential and residential uses are located in the same building, separate exterior pedestrian entrances, elevators and lobbies shall be provided for each use. The entrances for non-residential uses shall be designed to be visually distinct from the entrances for residential uses.
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ATTACHMENT “B”
10 Figure 106-173.3. Building Entrances
b. Pedestrian access. Pedestrian access from the adjacent street public right-of-way shall be incorporated into all ground floor uses within the MUO zone. c. Development projects shall promote walkability and connectivity to include design and orientation standards including:
i. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas and pedestrian amenities.
ii. Lighting shall be incorporated along sidewalks or other pedestrian walkways to enhance the pedestrian environment and provide for public safety. Lighting shall be low mounted and downward casting in a manner that reduces light trespass onto adjacent properties.
iii. Connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the primary entry and sidewalk, generally no more than 125% of the straight-line distance.
2. Exterior lighting. Lighting for non-residential uses shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the residential uses in the development nor any adjacent residential uses. All exterior lighting shall be 90 degrees cutoff downlight. The rays of any such lighting shall be confined to the property.
No spillover shall be permitted.
3. Trash and Recycling. Recycling and refuse storage facilities for non-residential uses shall be separate from residential uses, clearly marked, located as far as possible from residential units and shall be completely screened from view from the residential portion of the development. Recycling and refuse storage facilities for non-residential uses shall be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors when residential uses might be impacted. Trash areas for food service and sales uses, when occupying the same building as residential uses, shall be refrigerated to control odor.
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ATTACHMENT “B”
11 4. Signs. The applicable provisions for signs in Division 9 of Article III shall apply.
5. Loading and unloading. Where applicable, the covenants, conditions, and restrictions of a mixed-use development shall indicate the times when the loading and unloading of goods may occur on the street, provided that, in no event, shall loading or unloading take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.
6. Uses restricted to indoor. All non-residential uses must be conducted wholly within an enclosed building. The following uses or businesses are exceptions to this rule:
7. Outdoor dining and food service in conjunction with a cafeteria, café, restaurant or similar establishment;
a. Other sales and display areas as approved through a conditional use permit or similar discretionary permit; and
b. Other uses as approved by the Planning and Preservation Commission through a Conditional Use Permit process.
8. Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas.
Sec. 106-174. – Procedure.
A. Development of land in a MUO mixed use overlay zone for mixed use development shall be approved with a site plan review procedure, unless proposed non-residential uses require a conditional use permit.
In that case, a conditional use permit is required. Housing development projects with 20% affordable units shall be processed ministerially under the Zone Clearance, Streamlined Development process.
B. As part of the Site Plan Review or Conditional Use Permit submittal, the applicant shall submit a copy of a sewer and water capacity analysis prepared by a licensed engineer that shows that existing or proposed sewer and water infrastructure is adequate to support operations of the mixed use development.
C. As part of the Site Plan Review or Conditional Use Permit submittal, the applicant shall submit a copy of a fiscal analysis that provides a detailed evaluation of the potential financial impacts on municipal services, including any projected increase in costs of providing municipal services like police, fire, and code enforcement services.
DIVISION 4. – LANDSCAPE STANDARDS FOR PRIVATE PROPERTY
Sec. 106-342. – Purpose.
This division establishes requirements for landscaping on private property to improve the livability and attractiveness of the city, enhance the appearance of development, provide shade, reduce heat and glare, control soil erosion, conserve water, screen and buffer incompatible land uses, reduce paving, increase permeable surfaces, enhance the quality of neighborhoods, and improve air quality.
Sec. 106-343. – Applicability.
The provisions of this section shall apply to all development and land uses as follows:
A. Development Projects. All projects that require an administrative or discretionary permit, including conditional use permits, site plan review for major remodels as described in subsections (C) and (D) below, and subdivisions shall provide landscaping in compliance with this section.
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ATTACHMENT “B”
12 B. Model Water Efficient Landscape Ordinance (MWELO). All projects that require landscape and irrigation plans compliant with MWELO shall provide landscaping in compliance with this section.
C. Existing Development. Any application for the expansion of an existing multifamily residential, commercial, or industrial development that results in a 20 percent or more of the existing square footage or 500 square feet, whichever is less.
D. Single Family Dwellings. Projects involving the new construction of one or more single-family dwellings, or an addition of 500 square feet or more to an existing single-family dwelling, shall be required to submit landscape and irrigation plans.
E. Parking Lots. Redesigned or resurfaced multi-family, commercial, or industrial parking lots when the work is in association with a development project, or if grading is required.
Sec. 106-344. – Landscape design and irrigation plans.
The project applicant shall submit a landscape design plan and irrigation plan that meets the criteria set forth in this section for all projects that meet the applicability standards above. All landscape design and irrigation plans shall be prepared by a California licensed landscape architect or other qualified professional and shall include the following:
A. Plans showing landscape areas, hardscape areas, and allowable impervious surfaces.
B. The project applicant shall ensure that the defensible space required by the city code is maintained and shall avoid fire-prone plant materials and mulches.
C. A description of the type and size of all proposed plant materials.
D. Any proposed stormwater facilities.
E. A description of all hardscape materials and features.
F. Irrigation plans shall accompany the landscape design plan and incorporate low water use systems as required by the California Model Water Efficient Landscape Ordinance.
Sec. 106-345. – Landscaping standards.
A. Tree Requirement. All new development projects require a minimum one 15-gallon, native canopy tree within a street facing setback.
B. Residential zones. The following landscaping standards shall apply to all residential properties within the R-1, R-2, R-3, RPD zones:
1. A minimum of 20 percent of the lot area not comprised of buildings or required vehicular access and parking areas shall be comprised of pervious surfaces such as landscaping, gravel, rocks, or other similar pervious materials.
2. A minimum of 50 percent of all street-facing yard areas between the principal dwelling unit and the public or private street curb, shall be maintained as a landscaped area.
Hardscape areas containing impervious surfaces shall only be used for the purpose of pedestrian and vehicular access, and paved patios and decks.
3. No more than 50 percent of the required landscaped areas may consist of decorative features such as boulders, river and lava rock, fountains, ponds, rock riverbeds, pedestrian bridges, arbors and pergolas with a maximum height of 9 feet.
4. Mulch may be used as an integral part of required landscaped areas.
5. The following standards shall apply to multi-family residential properties with surface parking lots:
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ATTACHMENT “B”
13 a. A minimum 5-foot landscape buffer strip shall be provided between a parking lot and public right-of-way and shall be maintained with a permanent automatic irrigation system.
b. Parking lot canopy trees shall be provided at the ratio of one (1) tree for every four (4) parking spaces.
6. No vehicle shall be parked in a required landscape area.
Figure 106-345-1. Residential Landscaping Diagram
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ATTACHMENT “B”
14 C. Commercial zones. The following landscaping standards shall apply to all commercial properties within the C-1 and C-2 zones:
1. A minimum 50 percent of all street facing setback areas shall be maintained as a landscaped area except for driveways, pedestrian walkways, or parking aisles.
2. For commercial buildings where no setback is provided on a street facing part of the building, a minimum 25 percent of the wall area shall area shall be planted with a living wall or minimum 2-foot wide planter boxes or planting beds.
3. The following standards shall apply to commercial properties with surface parking lots:
a. A minimum of 2 percent of parking lot area shall be landscaped and shall be so arranged as to emphasize visual attractiveness as viewed by the public from surrounding streets and walkways.
b. A minimum 5-foot landscape buffer strip shall be provided between a parking lot and public right-of-way.
c. Parking lot canopy trees shall be provided at the ratio of one (1) tree for every four (4) parking spaces.
d. The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.
e. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped, unless it is determined by the community development Director that landscaping is not necessary to fulfill the purpose of this section.
Figure 106-345-2. Commercial Parking Lot Landscaping Diagram April 7, 2025 CC Special & Regular Mtg Page 424 of 651
ATTACHMENT “B”
15 D. Industrial zones. The following landscaping standards shall apply to all industrial properties within the M-1 and M-2 zones:
1. A minimum 50 percent of all street facing setback areas shall be maintained as a landscaped area except for driveways, pedestrian walkways, or parking aisles.
2. For industrial properties with parking lots the following standards shall apply:
a. A minimum of 2 percent of parking lot areas shall be landscaped and shall be so arranged as to emphasize visual attractiveness as viewed by the public from surrounding streets and walkways.
b. A minimum 5-foot landscape buffer strip shall be provided between a parking lot and public right-of-way and shall be maintained with a permanent automatic irrigation system.
c. Parking lot canopy trees shall be provided at the ratio of one (1) tree for every four (4) parking spaces.
d. The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.
e. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped, unless it is determined by the community development Director that landscaping is not necessary to fulfill the purpose of this section.
Sec. 106-346. – Modification to landscape standards.
The community development Director may modify the landscape requirement by a maximum 1 percent in the required setback areas, open space areas, and areas not devoted to lot coverage and paving. The modification may only be approved if the Director finds that the project provides: a higher overall quality of landscape design than would normally be expected for a similar development project; a superior landscape maintenance plan; and for outdoor dining activities, special paving or other examples of exceptional architectural quality in the project’s design.
Sec. 106-347. – Plant materials and planting standards.
Plant materials shall be of a type and placement compatible with the project site and surrounding land uses as follows:
A. Artificial turf is prohibited.
B. Invasive plant species are prohibited.
C. Landscape planting shall emphasize drought-tolerant and native species and be suitable for the soil and climatic conditions of the site.
D. Native plant material or compatible, nonnative plant material shall be selected.
E. Plant materials shall be provided in the following sizes and shown on the landscape plan:
1. The minimum acceptable size for trees shall be a 15-gallon.
2. Newly planted trees shall be supported with stakes or guy wires.
3. Shrubs shall be a minimum size of five gallons. When planted to serve as a hedge or screen, shrubs shall be planted with two or four feet of spacing, depending on the plant species.
4. Shrubs and hedges shall not exceed three feet in height within the front and street side setback areas.
5. Ground cover shall be generally spaced at a maximum of six to eight inches on center.
When used as ground cover, minimum one-gallon sized shrubs may be planted 10 to 24 inches on center.
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16 F. Trees planted within ten feet of a street, sidewalk, paved trail or walkway shall be a deep-rooted species or shall be separated from paved surfaces by a root barrier to prevent physical damage to public improvements
G. A minimum distance of 15 feet is required between the center of trees to street light standards, water meters, back-flow prevention systems, sewer cleanouts and fire hydrants.
H. New and replacement tree species shall be in conformance with the City of San Fernando Urban Forest Management Plan or as approved by the community development Director.
Sec. 106-348. – Landscape maintenance standards.
The following landscape maintenance standards are required for all landscaped areas in the City:
A. All landscaping shall be permanently maintained in a healthy and thriving condition at all times, in compliance with the approved landscape design plan.
B. Lawn and ground cover shall be trimmed or mowed regularly. All planting areas shall be kept free of weeds and debris.
C. All plantings shall be kept in a healthy and growing condition. Fertilization, cultivation, and tree pruning shall be a part of regular maintenance. Good horticultural practices shall be followed in all instances.
D. Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs and cleaning shall be a part of regular maintenance.
E. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.
Sec. 106-349. – Enforcement.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of these landscape standards or failing to comply with any order or regulation made hereunder, shall be subject to the penalties set forth in Chapter 1 Article III of the San Fernando Municipal Code.
Sec. 106-350. – Tree preservation and protection on private property.
The following regulations apply to the protection, preservation, maintenance, removal, and replacement of any heritage tree, protected tree, or native tree on private property:
A. A heritage or protected tree that is a threat to the public welfare as determined by the Los Angeles Fire Department, San Fernando Police Department, or San Fernando Public Works Director or removal as directed by a county, state, or federal agency, or an insurance provider shall be exempt from obtaining a zoning clearance, administrative permit, or discretionary permit approval for its removal.
B. The planning and preservation commission upon a recommendation from the Director is authorized to approve the removal of a heritage tree, native tree, or protected tree based on the findings of a report prepared an International Society of Arboriculture (ISA) certified arborist confirming one or more of the following factors:
1. The tree is dead.
2. The tree has reached an over-protected condition for its pre-existing location and will result in the deterioration of surrounding hardscaped areas potentially resulting in a health and safety hazard.
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ATTACHMENT “B”
17 3. The tree which is infected with a disease which cannot be treated successfully, or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
4. The tree has a severe void of heartwood due to wood consuming organisms which could potentially cause catastrophic failure (i.e., collapse).
5. A tree has been determined to be a hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk.
6. The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction of its capacity to support itself thereby creating a potential safety hazard.
7. A healthy living tree that has caused damage to any underground utility as a result of root blockage.
8. A tree that is causing an immediate threat to the health and safety or general welfare of the property owner or the public.
9. The removal is necessary to prevent a substantial inconvenience or financial hardship to the property owner as determined by the community development Director.
C. Where it has been determined that preservation of a heritage tree, native tree, or protected tree is infeasible, replacement tree(s) shall be provided at a 1:2 ratio as follows:
1. Replacement trees shall be planted on the site where the tree has been removed, except in instances where on-site planting and future tree survival is shown to be infeasible in which case the community development Director shall authorize other off-site locations where maintenance will be guaranteed.
2. If the relocation or replacement tree is to be planted on private property, the owner of the proposed suitable relocation site consents in writing to the placement of a relocated or replacement tree.
3. Replacement trees shall be canopy trees as defined in this section.
4. The property owner shall sign a covenant to maintain the tree and replace it in 3 years if it dies. Follow up with survival of required trees after 3 years. Trees that have not survived establishment must be replaced.
D. Tree protection before construction. Construction projects that will impact more than 1,200 sq ft of land must submit a Tree Protection Plan as a part of building plan check outlining what measures will be taken to protect existing trees during construction including:
1. The location, species, DBH, and condition of trees
2. The Tree Protection Zone for all trees to be preserved
3. Tree fencing (to be installed under dripline)
4. Erosion control
5. Tree pruning
6. Soil compaction mitigation
7. Irrigation
8. Tree maintenance schedule
9. A Tree Root Plan will be required in the case of grading or excavation. Tree plans should be approved and overseen by a certified arborist.
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18 E. Tree protection during construction. Care shall be exercised by all individuals, developers and contractors working near heritage trees or protected trees so that no damage occurs to such trees. During construction, these trees shall be protected in the following manner:
1. All trees to be saved shall be enclosed/delineated by an appropriate temporary construction barrier, such as fencing or other mechanism, prior to commencement of work. Barriers are to remain in place during all phases of construction and may not be removed without the written consent of the community development Director.
2. Such barrier(s) must be located a distance from the trunk base of two times the trunk diameter, up to a maximum of 15 feet, unless otherwise approved in writing by the community development Director.
3. No fill material shall be placed within three feet from the outer trunk circumference of any tree.
4. No fill materials shall be placed within the drip line of any tree in excess of 18 inches in depth. This guideline is subject to modification to meet the needs of an individual tree species, as determined by a certified arborist or licensed landscape architect.
5. No substantial compaction of the soil within the drip line of any tree shall be undertaken.
6. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to 3½ times the trunk diameter, as measured at ground level. Actual setback may vary to meet the needs of individual tree species as determined by a certified arborist or licensed landscape architect. When some root removal is necessary, the tree crown may require thinning to prevent wind damage.
7. Any tree that dies as a result of construction must be replaced with two 15 gallon size trees with a mature tree canopy of at least 20 ft and low water requirement.
F. The community development director, through city police officers, building inspectors, community preservation officers and members of the community development department, in the course of their duties, when monitoring construction activities, shall check for compliance with the provisions of this article. Any irregularities or suspected violations of this article shall be reported immediately to the community development Director.
G. Immature trees may be relocated or removed without a permit.
Sec. 106-351. – Model Water Efficient Landscape Ordinance (MWELO) requirements.
Landscape design plans are required to comply with California MWELO standards as follows:
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, commercial, or industrial) project with a landscape area greater than 2,500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
B. Property owners or their building or landscape designers that meet the threshold for MWELO compliance above shall:
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ATTACHMENT “B”
19 1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling. b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The irrigation plan shall include sustainable landscaping principles and must prevent irrigation runoff, low head drainage and overspray.
3. The installation of synthetic grass or artificial turf in landscaping plans for private development is prohibited.
4. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in section 70-147(a) shall consult the full MWELO for all requirements.
5. Comply with LID stormwater management standards by encouraging the construction of roofs on new private development that directly runoff into vegetated areas onsite, or include a rain gutter that is directed toward vegetated areas.
C. If, after the adoption of this article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
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ATTACHMENT “B”
20 Figure 106-351. Example of MWELO Compliance
Sec. 106-352. - Reserved.
DIVISION 5. – LIGHTING
Sec. 106-353. – Outdoor lighting.
General Standards for Outdoor Lighting. Exterior lighting shall comply with the following requirements:
A. All lighting shall be energy-efficient (e.g., LED, or other lighting technology) with a rated average bulb life of not less than 10,000 hours.
B. All lighting shall be shielded and/or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.
C. Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness.
D. All outdoor lighting for non-residential uses shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building(s) is not in use and the lighting is not required for security.
E. All lighting fixtures on the site should be uniform or compatible with respect to base support, finish material texture, color, and/or style of poles and luminaires. Landscaping and pedestrian walkway lights shall be less than four feet in height.
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ATTACHMENT “B”
21 F. Maximum Height. Freestanding light poles and luminaires shall not exceed the following maximum heights:
G. 15 feet for residential and mixed-use projects.
H. 18 feet for non-residential projects, or a lesser height determined by the Director, to mitigate any impacts to adjoining properties.
I. Security Lighting.
1. Multiple-Family Residential Developments. Aisles, passageways, and entryways/recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candles at the ground level during the hours of darkness.
2. Non-Residential Developments. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter foot-candles of light.
ARTICLE III. – GENERAL REGULATIONS
DIVISION 6. – SCREENING
Sec. 106-364. – Screening.
A. Screening. When a multi-story building is proposed and the second story or above is located within 50 feet of the side or rear yard of a single-family lot, screening measures should be applied to provide a reasonable degree of privacy.
1. Screening measures include, but are not limited to, landscaping, alternate window and balcony placements, placing windows at least six feet from the floor of the interior of the unit, incorporating wing walls or louvers, using glass block or other translucent material, and other such methods.
2. Sufficiency of Screening. The Planning and Preservation Commission shall determine the sufficiency of the proposed screening measures and may require additional measures.
B. Equipment Screening. All of the following equipment and spaces shall be screened on all sides and subject to the standards of this section:
1. Solid walls and/or fences of six feet in height shall screen mechanical equipment, garbage receptacles, loading areas, and other unsightly areas, and provide privacy at the back of lots and alongside streets.
2. All rooftop mechanical equipment shall be placed behind a permanent parapet wall and shall be completely screened from view.
3. Screening shall be equal in height to the highest portion of the equipment or ducting and shall be permanently maintained.
All wall air conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.
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ATTACHMENT “B”
22 ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND
ACTIVITIES
DIVISION 1. – ACCESSORY DWELLING UNITS
Subsections A. through K. establish the standards for the development of an Accessory Dwelling Unit and Subsection L. establishes the standards for the development of a Junior Accessory Dwelling Unit through a ministerial process, in compliance with section 106-42 (Use regulations ) and California Government Code Sections 66310 to 66342. If any provision of this Chapter or the underlying zoning district standards conflict with state law, the latter shall govern per Government Code Section 66316.
A. Minimum Lot Size. No minimum lot size shall be required for an accessory dwelling unit.
B. Statewide Exemption Accessory Dwelling Unit. As established by Government Code Section 66313, development standards in this section shall apply to the extent they do not prohibit the construction of an accessory dwelling unit of up to 800 square feet that is up to 18 feet in height if detached or 25 feet in height if attached, with four-foot side and rear yard setbacks.
C. Maximum Unit Size.
1. The maximum permitted unit size of an attached accessory dwelling unit, or an accessory dwelling unit located entirely within a proposed or existing primary dwelling unit, shall not exceed 850 square feet for a one-bedroom unit or 1,200 for a two or more-bedroom unit, or 50% of the gross square footage of the primary dwelling unit on the lot, whichever is less, except as noted in section b. above.
2. The maximum permitted size of a detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,200 square feet for a two or more-bedroom unit.
3. Maximum permitted unit size shall include any living area as defined in the California building code confined from exterior wall to exterior wall.
D. Minimum Unit Size. The minimum unit size of an attached or detached accessory dwelling unit shall be at least 150 square feet, including a kitchen and at least one 3/4 bathroom.
E. Zones in which Accessory Dwelling Units may be Constructed. The construction, use, and maintenance of accessory dwelling units shall be permitted in areas zoned to allow single-family or multiple-family dwelling residential use, or mixed-use. For purposes of this division, a multiple-family dwelling unit is two or more attached dwelling units on a single property.
F. Accessory Dwelling Unit Density and Development Standards.
1. Single-family Dwellings. Accessory dwelling units are allowed on a property containing existing or proposed single family dwellings under the following circumstances:
a. No more than one accessory dwelling unit per lot within the proposed or existing square footage of a single-family dwelling or existing square footage of an accessory structure that meets specific requirements such as exterior access and setbacks for fire and safety.
b. No more than one detached new construction accessory dwelling unit. A new construction-attached accessory dwelling unit may be constructed in lieu of the new construction detached accessory dwelling units.
c. No more than one junior accessory dwelling unit per lot within the proposed or existing space of a single-family dwelling that meets specific requirements such as exterior access and setbacks for fire and safety as described in Subsection l. d. The maximum height for accessory dwelling units shall be 18 feet in height and an additional two (2) feet for roof pitch to align with the roof pitch of the primary dwelling April 7, 2025 CC Special & Regular Mtg Page 432 of 651
ATTACHMENT “B”
23 unit if detached or 25 feet in height if attached. For accessory dwelling units proposed above a garage, the maximum height of the accessory dwelling unit shall not exceed one (1) story from floor to ceiling height.
2. Multiple-family Dwellings. Accessory dwelling units are allowed on a property containing multiple-family dwellings or mixed-use structures on a lot containing multiple-family dwelling units under the following conditions:
a. The number of accessory dwelling units shall not exceed 25% of the number of existing units, minimum one unit.
b. The accessory dwelling units shall only be located within areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages which are attached or detached. Non-livable space used to create accessory dwelling units must be limited to residential areas within a mixed-use development and not the areas used for commercial or other activities. c. The maximum height shall be 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multiple-family, multistory dwelling. d. Each accessory dwelling unit must comply with state building standards for dwellings. e. A maximum of eight detached, accessory dwelling units shall be allowed on a property with existing multiple-family dwelling units, not to exceed the number of existing units on the lot.
f. A maximum of two detached accessory dwelling units shall be allowed on a property with a proposed multiple-family dwelling.
G. Minimum Room Dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction.
H. Location.
1. Accessory dwelling units may be within, attached to, or detached from and on the same lot as, a proposed or existing single-family dwelling, or within or detached from a multiple-family dwelling, and subject to compliance with front, side, and rear yard setback standards of the underlying zone except as allowed in subsection b above.
2. Accessory dwelling units may be located entirely within a proposed or existing primary dwelling unit or existing accessory structure; provided, the accessory dwelling unit has independent exterior access from the existing primary dwelling or accessory structure.
3. An ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress.
I. Parking. Parking for an accessory dwelling unit and replacement parking is not required.
J. Habitability. Accessory dwelling units are fully habitable and shall include independent kitchen and bathroom facilities. Accessory dwelling units shall be independent from the main dwelling without internal access.
K. Occupancy, Sale, and Rental Restrictions. Owner occupancy is not required for accessory dwelling units.
Accessory dwelling units shall not be sold or conveyed separately from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with Government Code Sections 66340 and 66341. Accessory dwelling units shall not be used for rentals of terms of 30 days or less unless
L. Setbacks.
1. An accessory dwelling unit shall have side and rear yard setbacks of at least four feet from lot lines. An accessory dwelling unit shall abide by the front yard setback requirements of the zone in which it is located.
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ATTACHMENT “B”
24 2. An accessory dwelling unit constructed entirely within a proposed or existing primary dwelling unit or accessory structure, which has side and rear setbacks that are sufficient for fire safety, as determined by the City of Los Angeles Fire Department, shall not be subject to setback standards for new development.
3. An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall be setback a minimum of four feet from side and rear lot lines. An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall abide by the front yard setback requirements of the zone in which it is located.
M. Junior Accessory Dwelling Units. In addition to an accessory dwelling unit as provided in this section, Junior accessory dwelling units are permitted within an existing or proposed single family residence, including attached garages, consistent with state law. The following establishes standards for junior accessory dwelling units.
1. Maximum Unit Size. A junior accessory dwelling unit may be up to 500 square feet. a. Maximum permitted unit size shall include any livable space from exterior wall to exterior wall.
2. Density. No more than one junior accessory dwelling unit is allowed on a property.
3. Location. A junior accessory dwelling unit shall be located entirely within a proposed or existing primary dwelling unit, subject to the following:
a. A junior accessory dwelling may be in an attached garage but may not be in a detached accessory structure.
b. A junior accessory dwelling unit shall have separate exterior access independent from the proposed or existing primary dwelling unit.
c. A junior accessory dwelling unit may share significant interior connection to the primary dwelling if they are sharing a bathroom facility.
4. Parking. Parking for a junior accessory dwelling unit and replacement parking is not required.
5. Habitability. Junior accessory dwelling units shall include an efficiency kitchen which shall include a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
6. Occupancy, Sale, and Rental Restrictions. Owner occupancy is required in either the remaining portion of the primary residence, another dwelling unit on the same lot, or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. These occupancy restrictions shall be enforced through recordation of deed restrictions or covenant agreement recorded against the property per Government Code Section 66333. The form of the deed restriction will be provided by the City and shall provide that: The junior accessory dwelling units shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law; the JADU is restricted to the approved size and other attributes allowed by this section.
7. Conveyance. Junior accessory dwelling units shall not be sold separately from the primary dwelling unit and shall not be used for rentals of terms of 30 days or less.
N. Other Development Standards and Requirements.
1. Unless stated in this section, all other development standards for accessory dwelling units and junior accessory dwelling units shall apply according to the zone in which the subject property is located; including but not limited to, setbacks, building height, and distance between structures.
2. Conversion of Existing Structures. For the purpose of converting an existing structure into an accessory dwelling unit or junior accessory dwelling unit, an existing structure is defined as one of the following:
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ATTACHMENT “B”
25 a. A structure that has been erected prior to the date of adoption of the appropriate building code that does not present a threat to public health and safety or one for which a legal building permit has been issued
3. When a garage is converted into an ADU or JADU, the garage door must be removed and replaced with windows or entry doors.
4. Architectural requirements. Accessory dwelling units shall be subject to the following architectural requirements.
a. The materials and colors of the exterior walks, roof, windows, and doors shall be the same as the materials and colors of the primary dwelling. b. The roof slope shall match the dominant roof slope of the primary dwelling, whereby the dominant roof slope means the slope shared by the largest portion of the roof. c. Exterior lighting shall be limited to down-lights or as otherwise required by the building or fire code.
5. Entrances. Entrances for accessory dwelling units constructed above garages shall not face adjacent properties.
a. An exterior entrance to the second story of an accessory dwelling unit shall not project into any required minimum setback and shall be located to either face the primary dwelling unit and/or the side and/or rear property line that it is furthest away from.
6. Pedestrian walkways. ADUs shall provide pedestrian access to the sidewalk that is at least 4 feet wide.
7. Landscape requirements. Landscape screening must be planted and maintained between the accessory dwelling unit and the side and rear lot lines of the property in accordance with Division 4 of Article III.
8. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if sprinklers are required in the primary residence. The construction of an accessory dwelling unit does not trigger the requirement for fire sprinklers to be installed in the existing primary dwelling.
9. Solar panels. New construction accessory dwelling units are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached accessory dwelling unit (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the accessory dwelling unit or on the primary dwelling unit. Accessory dwelling units that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.
O. Application Process. The following is the ministerial application process for accessory dwelling units and junior accessory dwelling units.
1. A building permit is required for accessory dwelling units and junior accessory dwelling units. The completed building permit application shall be submitted to the Building Safety Division on an application form prepared by the Building Official and shall include the submittal requirements.
In order to be deemed complete, plans shall comply with all current applicable development standards, any applicable Department handouts, and any additional information required by the Building Official in order to conduct a thorough review.
2. The Building Division shall approve or deny the application within 60 days of acceptance of a complete application if there is an existing single-family or multifamily dwelling on the lot, as established for accessory dwelling units in Government Code Sections 66314-66332 and for junior accessory dwelling units in Government Code Sections 66333-66339. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family or multifamily April 7, 2025 CC Special & Regular Mtg Page 435 of 651
ATTACHMENT “B”
26 dwelling on the lot, no permit for the accessory dwelling unit or the junior accessory dwelling unit shall be issued until the permit application to create the new single-family or multifamily dwelling has been adjudicated, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the project is denied, the applicant will receive a full list of comments with remedies to correct any Code deficiencies.
3. Prior to Building Permit issuance, applicant for an accessory dwelling unit shall submit an Address Assignment Request Fee and Application to the Public Works Department.
4. Prior to Building Permit issuance, projects resulting in the addition of 750 square feet or more for an accessory dwelling unit located at the subject property shall pay all impact fees of this Code, except that any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). For the purposes of this Paragraph, impact fees do not include any connection fee or capacity charge for water or sewer service.
5. Prior to the Building Permit issuance, projects resulting in 500 square feet or more for an accessory dwelling unit located at the subject property shall pay all school impact fees.
ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 4. – ANIMAL BOARDING, PET DAY CARE, VETERINARY CLINICS AND ANIMAL
HOSPITAL
Sec. 106-567. – Purpose.
This section provides operational standards for kennels, pet day care facilities, veterinary clinics and animal hospitals in compliance with the development standards within the underlying zone district.
Sec. 106-568. – Operational standards.
A. All operations must be conducted within a completely enclosed building.
B. Outdoor dog runs and training activities are permitted only within the M-1 and M-2 Zone, and when the facility is located at least 200 feet from a residential zone.
C. The areas within the building where animals are boarded shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to surrounding properties, as determined by the Director.
D. The areas of the building where animals are boarded shall have a minimum of 10 air changes per hour.
E. Animal isolation areas shall have 100% fresh air, with all air exhausted and none returned to the ventilation system.
F. Public access areas shall be provided with a separate ventilation system from the animal boarding and treatment areas.
G. The areas used for animal boarding, isolation, and treatment shall be constructed of easilycleaned materials.
H. All areas where animals are present shall be cleaned a minimum of twice daily in order to provide appropriate odor control and sanitation.
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ATTACHMENT “B”
27 ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 5. – AUTOMATIC TELLER MACHINES (ATMS)
Sec. 106-569. – Purpose.
This section provides location, development, and operating standards for automatic teller machines (ATMs) in compliance with the development standards within the underlying zone district.
Sec. 106-570. – Development standards.
A. Location requirements.
1. Setback from an adjacent street curb or alley by a minimum of seven feet.
2. A privacy area immediately in front of each ATM, measuring at least five feet wide by four feet deep, shall be provided. Methods for defining the privacy area shall be approved by the Director.
3. Located to not eliminate or substantially reduce any landscaped areas.
4. Located to ensure the safety and security of patrons.
B. Design. All construction and modifications to the exterior of the structure pertaining to the installation of the ATMs shall be completed in a manner consistent with the architectural design of the structure, and in conformance with all applicable City architectural standards and guidelines.
C. Lighting. Each exterior ATM shall be provided with security lighting in compliance with Division 5 of Article III or State law, whichever is more restrictive.
D. Maintenance. Each ATM shall be provided with receptacles sufficient in size and number to accommodate trash and smoking materials generated by users of the ATM.
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ATTACHMENT “B”
28 ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 7. – DRIVE-THROUGH ESTABLISHMENTS.
Sec. 106-601. – Purpose.
This section provides standards for the location, development, and operation of drive-in and drive-through facilities in compliance with the development standards within the underlying zone district, which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness.
Sec. 106-602. – Development standards.
A. Drive aisle length. The drive-through aisle shall provide a minimum of 140 feet of queuing length, of which at least 60 feet shall be provided before an on-site menu board. The drive aisle shall be measured along the centerline, from the entry or beginning of a drive-aisle to the center of the farthest service window area.
B. Drive aisle width. Drive aisles shall have a minimum 10-foot interior radius at curves, and a minimum 12- foot width.
C. Drive aisle separation. Each drive aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to any off-street parking spaces.
D. Drive aisle entrance. Each entrance to a drive aisle and the direction of traffic flow shall be clearly designated by signs and/or pavement markings, as deemed necessary by the Director.
E. Walkways. To the extent possible, pedestrian walkways should not intersect the drive aisles. Where they do, they shall have clear visibility and be emphasized by enhanced paving or markings, as deemed necessary by the Director.
F. Circulation Plan. A parking and vehicle circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements of the American with Disabilities Act.
G. Trash receptacle provision. A minimum of one outdoor trash receptacle shall be provided onsite.
H. Noise generating equipment. No noise-generating compressors or other such equipment shall be placed on or near any property line adjoining any residential zoned property.
I. Speaker system noise. Drive-through speaker systems shall emit no more than 50 decibels four feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residentially zoned property.
J. Screening. Each drive aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjoining land uses, public rights-of-way, and parking lots, as deemed necessary by the Director.
K. Decorative wall. A six-foot-high, solid decorative masonry wall shall be constructed on each property line that adjoins a residential developed parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director.
Sec. 106-603. – Operational standards.
A. Hours of operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
B. Litter. Employees shall collect on-site and off-site litter generated by customers at least once per business day.
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ATTACHMENT “B”
29 ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 8. – ESTABLISHMENTS SELLING ALCOHOL
Sec. 106-604. – Purpose.
The language of this division shall apply to all establishments selling alcohol, including bars, breweries, distilleries, tap rooms, tasting rooms, clubs, restaurants, and wine bars. The purpose of the language codified within this article is to set forth regulations and enforcement procedures that:
A. Address community problems associated with the on-site consumption of alcoholic beverages, such as litter, loitering, graffiti, misconduct, and escalated noise levels; B. Ensure that there is no degradation of the deemed approved activities; C. Prevent such prohibited activities and activities contrary to deemed approved activities from becoming public nuisances; and
D. Ensure such adverse impacts are monitored, mitigated and/or controlled such that they do not negatively contribute to the change in character of the areas in which they are located.
Sec. 106-605. – Application procedure.
The applicant shall be required to submit to the Planning Division the following:
A. A floor plan shall be reviewed and approved to identify the areas in which all on-site sale and consumption of alcoholic beverages shall occur. This shall be limited to the confines of the building and approved outdoor patio or dining area.
B. A plan to encourage use of ride share programs, designated drivers, and other methods to discourage intoxicated driving shall be established, and documentation of such a program shall be provided.
C. A security plan shall be submitted for review and approval prior to the opening of the business.
1. Security personnel shall be required by the City for establishments with occupancy load of over 100 people.
2. The doors to the establishment shall remain closed except upon entering and exiting the business.
3. The security plan shall include a video surveillance system and exterior lighting plan, satisfactory to the Community Development Director or designee, shall be submitted and approved prior to issuing a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring of both the interior and exterior the property. A Digital Video Recorder (DVR) or similar video recording device, capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than 30 days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors and the business address.
Sec. 106-606. – Operational requirements.
A. Prior to the service of alcohol within the establishment, the operator shall obtain a valid license from the ABC and provide a copy of the license to the Planning Division.
B. The City reserves the right to request of the ABC additional conditions, such as hours of operation restrictions, restriction of the type of alcohol sold, or other conditions that the City may deem necessary in order to reduce potential impacts.
C. Should the ABC issue a license suspension or citation, the operator shall provide a copy of said suspension or citation to the Planning Division.
D. The operating business shall comply with all applicable noise regulations.
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ATTACHMENT “B”
30 E. The operator shall be responsible for requiring that there be no loitering on the site, on the public rightof-way and or/ in front of adjacent properties at any time and that all customers shall leave the site no later than 30 minutes after closing, after which, only employees shall be allowed on the premises.
F. Litter and trash receptacles shall be located at convenient locations, both inside and outside establishment, and trash and debris shall be removed on a daily basis.
G. The property shall be maintained in a clean and neat manner at all times and shall comply with property maintenance standards as set forth in the San Fernando Municipal Code.
H. Exterior public telephones shall not be located on the premises.
I. Graffiti shall be removed within 48 hours of its application.
J. No person shall appear in a state of nudity in any bar, club, or similar business establishment.
1. For the purposes of this section, "nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or below the nipple.
K. Bona fide eating establishments (restaurants) shall only sell alcoholic beverages during hours that meals are being served and gross receipts from alcohol sales shall not exceed fifty percent (50%) of the total revenue of the business.
L. Special events are permitted with the approval of a Special Event Permit in compliance with San Fernando Municipal Code section 106-1112 (Temporary Uses and Structures: Religious and entertainment assembly).
M. No establishment may sell alcoholic beverages for on-premises or off-premises consumption unless a Conditional Use Permit for alcoholic beverages has been approved for such establishment or unless exempted by this Code section or another operative plan.
N. No new establishment selling alcohol shall be permitted within 200 feet of either a residence, family day care home, schools for minors, child day care facility, convalescent home, a residential care homeretirement home, or any residentially zoned lot or parcel.
O. Tasting rooms for breweries, wine blending facilities, wineries, or distilleries shall be allowed to be open to the public during from 11:00 A.M. to 12:00 A.M. daily.
P. Bars and bona fide eating establishments (restaurants) are prohibited from selling any spirits for consumption off of the premises. The consumption of spirits shall be limited to the restaurant or drinking area as defined per applicable licenses from the ABC. However, beer and wine may be purchased for off-site consumption, provided that the beer and wine may not be consumed within any public common area near the establishment, within any public right-of-way, or outside of any nearby property.
ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 12. – LIVE/WORK DEVELOPMENT
Sec. 106-652. – Purpose.
This section provides location, development, and performance standards for live/work developments in compliance with the development standards within the underlying zone district.
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ATTACHMENT “B”
31 Sec. 106-653. – Applicability.
A. The provisions in this section shall regulate the conversion and new construction of live/work uses, where allowed by the applicable zoning districts.
B. Except as specifically provided in this section, live/work projects shall be in compliance with the development standards within the underlying zone district.
C. Where an Owner-Participation Agreement, Disposition and Development Agreement, or Development Agreement with the City applies to a land parcel, and the provisions of such agreement differ from the Live/Work Development Standards, the provisions of the agreement shall prevail.
Sec. 106-654. – Use regulations.
A. Permitted uses/occupations. The following uses/occupations are permitted in live/work units:
1. Accountant;
2. Architect;
3. Artist and artisan;
4. Attorney;
5. Computer software- and multimedia-related professional;
6. Engineer;
7. Fashion, graphic, interior and other designer;
8. Insurance, real estate and travel agent;
9. Photographer;
10. Psychologist/psychiatrist;
11. Other similar uses/occupations, as determined by the Director, may be permitted, provided that the allowed uses/occupations are permitted by the underlying zone.
B. Occupancy and Employees.
1. At least one of the full-time employees of the live/work unit must be a full-time resident of the live/work unit and shall possess a valid Business License Certificate.
2. Only one residential component per live/work unit shall be allowed.
3. The residential component shall not be rented separately from the working space.
4. No more than one employee, other than the resident(s) of the live/work unit, shall be permitted on site at any given time in units that are less than or equal to 1,499 square feet.
5. No more than 2 employees, other than the resident(s) of the live/work unit, shall be permitted on site at any given time in units that are greater than or equal to 1,500 square feet.
C. Business activity. None of the uses permitted shall be operated in an objectionable manner, due to fumes, odor, dust, smoke, gas, noise, or vibrations that are or may be detrimental to properties and occupants in the neighborhood and/or to any other uses and occupants on the same property.
D. Special and/or temporary events. Special and/or temporary events in live/work units shall be required to follow the permit process for special and/or temporary events contained in Division 9 of Article V. – Temporary Use Permit and Special Event Permit.
E. Covenant. A City-approved covenant shall be executed by the owner of each live/work unit and shall include statements that the occupant(s) understand(s) and accept(s) he/she is living in a live/work unit and must operate a business from said unit. The covenant shall also set forth the required use conditions as described in this section.
1. The residential component shall be contiguous with, and integral to, the working space, with direct access between the two areas, and not as a separate stand-alone dwelling unit.
2. Only one residential component per live/work unit shall be allowed. The residential component space and the business component space shall only be used as one contiguous habitable space and, if rented, shall only be rented together as one tenant space.
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ATTACHMENT “B”
32 3. Any lease between the owner and a tenant, or between a tenant and a subtenant, shall refer to the fact that the live/work unit is subject to the above-referenced covenant.
4. A resident in any live/work unit shall operate a business from the unit and shall possess a San Fernando Business License Certificate in good standing for business activities conducted within the unit.
Sec. 106-655. – Development standards.
A. Unit size and dimension. The minimum square footage of a live/work unit shall be 700 square feet.
B. Floor plans. A live/work unit may include a single level floor plan or a multiple-level floor plan.
ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 13. – OUTDOOR DINING
Sec. 106-656. – Intent and purpose.
The purpose of this division is to establish requirements for outdoor dining area that is accessory to a restaurant, café, specialty food establishment or other eating establishments, bars, taverns, cocktail lounge, craft breweries/distilleries, tap rooms, tasting rooms or wine bars on when located on private property.
Sec. 106-657. – Requirements.
A. The outdoor dining area shall require approval of a planning review. See also section 74-196 of the San Fernando Municipal Code, “Use of Sidewalk for Outdoor Dining.” B. Prior to the installation of any structural, mechanical, electrical or plumbing improvements associated with the outdoor dining or sitting area, a Building permit shall be obtained.
C. Prior to occupancy of an outdoor dining or seating area an inspection is required.
Sec. 106-658. - Development standards.
A. Base Zone regulations for setbacks, and maximum lot coverage, and emergency access in accordance with the California Fire Code, shall apply.
B. Dining areas shall maintain building egress as defined by the Uniform Building Code.
C. Tables and chairs shall be placed only in the locations shown on the approved site plan.
D. Barriers to delineate the outdoor dining area are recommended, but not required unless alcohol will be served in the outdoor dining area. The barrier may be either permanently installed or moveable.
E. When located immediately adjacent to a residential use, or other sensitive uses, provisions shall be made to minimize noise, light, and odor impacts on the residential use.
F. Outdoor dining may be covered or uncovered. Awnings or umbrellas may be used in conjunction with outdoor dining, but shall not be used as a permanent roof or shelter over the outdoor dining.
G. Outdoor dining shall be designed and operated so that it may be used by people of all abilities by complying with all of the following:
1. The surface of the outdoor dining area shall be level and have a running slope and a cross slope that do not exceed 2 percent (1 unit vertical in 50 units’ horizontal).
2. The outdoor dining area shall not be located on a raised platform or in a sunken area, unless an accessible ramp is provided in accordance with the California Building Code, or the American Disabilities Act, whichever provides greater accessibility.
3. Access openings should be placed in a location that will not create confusion for visually impaired pedestrians.
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ATTACHMENT “B”
33 4. At least one wheelchair accessible seating space shall be provided for every 20 seats, or as required by the California Building Code, or the American Disabilities Act, whichever is greater.
5. When multiple wheelchair accessible seating spaces are provided, they shall be distributed and integrated within the outdoor dining area.
6. Wheelchair accessible seating spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth.
7. Access to designated wheelchair seating spaces shall be provided through an accessible path with not less than 48 inches unobstructed width.
H. Parking for the outdoor dining portion of an eating establishment shall only be required if and only for the area over the thresholds identified below:
1. The area of the outdoor dining area is greater than 200 square feet; or
2. The area of an outdoor dining area exceeds 25% of the combined total of the gross floor area of the associated eating establishment and the area of the outdoor dining area.
I. When outdoor dining is proposed on the parking area for the establishment, the required parking can be provided as described in the San Fernando Municipal Code section 106-284.
Sec. 106-659. – Design standards.
A. A colors and materials sheet shall be included in the site plan application to provide the colors, materials of all furniture, barriers, lighting and landscaping that is to be in the outdoor dining area. Exact dimensions and specifications shall be included.
B. Dining/seating area barriers (fences, gates, ropes, etc.) shall be visually appealing, and help to separate the dining/seating area from the sidewalk.
C. Fabric inserts (natural or synthetic) of any size are not permitted to be used as a part of a barrier.
D. The use of chain-link, cyclone fencing, chicken wire or similar material is prohibited.
E. Materials not specifically manufactured for fencing or pedestrian control are prohibited unless they are expressly allowed elsewhere in these guidelines.
F. Materials such as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc. are not permitted and shall not be used as components of a barrier.
G. All furniture and fixtures must be of sufficiently sturdy construction so as not to blow over with normal winds.
H. Furniture and fixtures must not be secured to trees, lampposts, street signs, hydrants, or any other public street infrastructure by any means, whether during restaurant operating hours or when the restaurant is closed.
I. Outdoor dining furniture shall be made of high-quality, durable materials that provide an attractive design and are appropriate use for outdoor use. Folding chairs, lightweight, plastic, deteriorated, U.V. damages, splintered or similar furniture will not be approved or placed in the outdoor dining area. Sealed or painted metal or wood tables are recommended.
J. All materials shall be well maintained without stains, rust, tears, or discoloration. Materials that show signs of significant wear/age shall be replaced.
K. Umbrellas shall be constructed of a canvas-type, durable, and fade and fire-resistant material suitable for outdoor use. No plastic fabrics, plastic or vinyl-laminated fabrics, or any type of rigid materials are permitted.
L. Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining 7 feet of clearance from the ground to the lowest edge of the umbrella.
1. The 7-foot minimum height includes not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels, or other such ornamentation.
2. No part of an umbrella may exceed a height of 9 feet above the surface of the outdoor dining area to avoid an undue visual obstruction of other businesses.
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ATTACHMENT “B”
34 M. Umbrellas shall be set back a minimum of 3 feet from the neighboring property measured from the outer most edge of the umbrella to the property line.
N. Umbrellas must be free of advertisements or product names.
1. Umbrellas must not contain signage for the restaurant or for any other entity in the form of wording, logos, drawings, pictorial or photographic representations, or any other similar identifying characteristics.
O. All parts of any umbrella (Including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.
P. Umbrellas must blend appropriately with the surrounding built environment.
Q. Umbrella fabric must be one solid color, and is not permitted to be a fluorescent or other strikingly bright or vivid color.
R. Barriers made of walls, railings, fences, planter boxes, solid wood fences or concrete walls or a combination thereof are acceptable.
S. Barriers shall be no taller than 4 feet in height, unless the barrier is preexisting and exceeds 4 feet in height or a barrier greater than 4 feet in height is required pursuant to another section of the Municipal Code or other codes. Railing and fencing must be constructed of metal, (aluminum, steel, iron, or similar) or wood and must be of a dark color (either painted or stained).
T. To ensure their effectiveness as pedestrian control devices and their ability to be detected by persons with vision impairments, barriers must meet the following measurements:
1. Planters may not exceed a height of 36 inches above the level of the sidewalk. Plants may not exceed a height of 108 inches (8 feet) above the level of the sidewalk.
2. In the case of a rope or chain enclosure, the rope or chain must not exceed 27 inches above the sidewalk surface.
3. All barriers must be detectable to visually impaired pedestrians who employ a cane for guidance.
Therefore, the bottom of the barriers must be no greater than 27 inches above the sidewalk surface.
4. Fences or other perimeter enclosures with a height of between 36 inches and 48 inches must be at least 50 percent open (see-through) in order to maintain visibility of street level activity. Any enclosure with a height over 48 inches must be at least 80 percent open (see-through).
5. Any access opening within the barrier must measure no less than 44 inches in width.
U. When abutting public property, a barrier may be in the form of open fencing, railing and /or landscape planters that must be a minimum of 3 feet, but not taller than 4 feet in height.
V. If a barrier is moveable, it shall be affixed while the establishment is open for business. Rope or chain barriers are permitted. The rope or chain must have a minimum diameter of one inch. Vertical support posts must be constructed of metal or wood. A stanchion base shall not be domed, and shall not be more than one-half (1/2) of an inch above the surface of the floor.
W. A stanchion or other vertical supporting member that has a base must not be a tripping hazard.
X. No banners or signage shall be displayed on the barrier of an outdoor dining area or within the outdoor dining area other than the name of the establishment that may be placed on umbrellas or on the valance of an awning with on overhang not lower than 84 inches from the finished grade of the ground of the outdoor dining area.
Y. Portable heaters, if provided, shall be located a minimum of 4 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
Z. Planters may be made out of wood, ceramics, stone, or high quality thick plastic planter boxes.
AA. Planters shall contain live plant materials in healthy condition. Seasonal, thematic planter displays are encouraged. Stressed, dead, or dying landscape must be promptly replaced. Artificial plants; empty planters; or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted.
BB. Planters shall have a self-contained watering reservoir system that prevents any leakage.
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ATTACHMENT “B”
35 CC. Illuminated outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of any public space or property or use.
DD. Lighting shall be mounted so that all wiring is concealed. Rope or string lights are allowed provided they are installed to the requirements of the Building Code and manufacturer’s specifications. Spotlights and illumination for adverting are prohibited.
Sec. 106-660. – Operating standards.
A. Outdoor dining shall be operated in a manner that meets all requirements of the Health Department of Los Angeles County and any other applicable regulations.
B. Exclusive of the Downtown District of the SP-5 zone, the hours of operation of outdoor dining areas citywide shall be limited to the hours between 7:00 a.m. and 11:00 p.m., daily.
1. Within the Downtown District of the SP-5 zone, the hours of operation of outdoor dining areas shall be limited to the hours between 7:00 a.m. and 12:00 a.m., daily.
2. When the primary use requires a conditional use permit, the hours and days of operation of the outdoor dining area shall be identified in the approved conditional use permit.
C. An outdoor dining area may provide either waiter/waitress service or self-service.
D. The outdoor dining area shall be clean and free of litter at all times. Waste receptacles are encouraged.
E. Dining equipment (including, but not limited to, tables, chairs, space heaters, barriers) may remain in place when not in use if located on private property; dining equipment, if stored, may not be stored in an area visible from the public right-of-way or from any plaza area.
F. Live entertainment, television monitors, screens, dancing, pool tables, billiard tables, adult entertainment uses, and cover charges are prohibited in the outdoor dining area.
G. Food trucks are permitted with an approved conditional use permit pursuant to Division 7 of Article V.
H. Outdoor dining shall comply with the sound level limits of the associated eating establishment in accordance with San Fernando Municipal Code Chapter 34 Article II.
I. All forms of vaping, smoking and the use of tobacco products in the outdoor dining area shall comply with San Fernando Municipal Code Chapter 23.
J. Outdoor cooking is permitted in an outdoor dining area in compliance with the LA County Health Department, CA Building Code and City of LA Fire Code.
K. Establishments which propose to serve alcoholic beverages in the outdoor dining area shall comply with the standards established by the California Department of Alcoholic Beverage Control and shall update their approvals from said department to include the new outdoor dining area if necessary. The outdoor dining area shall be:
1. Physically defined and clearly part of the establishment it serves as an accessory use to; and
2. Supervised by a restaurant employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.
Sec. 106-661. – Denial, Revocation, or Suspension of Permit A. Violations of the outdoor dining area standards may result in enforcement actions up to and including revocation of said permit and termination of use.
B. A violation of this chapter is subject to the administrative citation provisions of subject to SFMC Article III of this code.
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ATTACHMENT “B”
36 ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 19. – TEMPORARY STORAGE CONTAINERS
Sec. 106-758. – Purpose.
This section provides location, development, and operating standards for temporary storage containers in compliance with the development standards within the underlying zone district.
Sec. 106-759. – Approval by the director.
Temporary storage containers shall be allowed, subject to approval of a Zoning Clearance application as required in section 106-1023.
Sec. 106-760. – Applicability.
Temporary storage containers may be allowed if unusual circumstances exist that require the use of a temporary storage container, as determined by the Director. Unusual circumstances include, but are not limited to, construction, business relocation, natural disasters, and residential rehabilitation activities.
Sec. 106-761. – Development standards.
A. A temporary storage container shall:
1. Not be located in a parking area unless a zoning clearance is obtained;
2. Not be located in a landscaped area; unless a zoning clearance is obtained;
3. Be located on-site not more than 180 days during any consecutive 12-month period;
4. Require the submittal of a zoning clearance with the Planning Division, in accordance with section 106-849 if proposed for more than 180 days during any consecutive 12-month period.
B. Fences, walls, and/or landscaping, or other methods approved by the Director shall be required to properly screen the temporary storage container from a public street, right-of-way, or adjacent residential zoning districts.
C. No signs, other than the operating company identification, shall be allowed on a temporary storage container.
D. The use of a temporary storage container for seasonal storage shall be prohibited.
ARTICLE IV. – STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES DIVISION 21. – VEHICLE FUELING AND ELECTRIC VEHICLE (EV) CHARGING STATIONS Sec. 106-763. – Purpose.
This section provides location, development, and operating standards for vehicle fueling and/or EV charging stations in compliance with section 106-766.
Sec. 106-764. – Permitted uses.
Vehicle fueling or EV charging stations shall be limited to selling vehicle fuels, other fuels and other supplying goods necessary for electric vehicles or zero emission vehicles, and supplying goods and services required in the operation and maintenance of motor and/or electric vehicles. These shall include the following.
A. Automotive retail sales. The retail sale of batteries, motor fuels, tires, lubricants, and oils.
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ATTACHMENT “B”
37 B. Repairs. Incidental minor repairs, including brake, lubrication, tire, and tune up service, shall be conducted entirely within an enclosed structure, in compliance with the standards in Division 6 of Article IV and where allowed by the zone, subject to the standards of the underlying zone.
C. Convenience store. A new or existing vehicle fueling or EV charging station may include an onsite convenience store as an accessory use, where allowed by the zone.
Sec. 106-765. – Prohibited uses.
The following uses and services are prohibited at vehicle fueling or EV charging stations.
A. Autobody and fender repair, painting, upholstery work, and dismantling.
B. Tire recapping, machine work or welding.
C. Overhauling, replacement, or repairing of differentials, engines, front suspension, and transmissions.
Sec. 106-766. – Operational standards.
All vehicle fueling or EV charging stations shall comply with the following operational standards.
A. Location and display of accessories, batteries, and tires for sale shall be on or within three feet of the pump island or the main structure’s exterior;
B. No vehicle rental activities shall be conducted on the vehicle fueling or EV charging station site; and C. All outdoor/open storage of materials shall be limited to a maximum area of 150 square feet, and shall be enclosed by a 6-foot-high, solid decorative masonry wall, subject to the approval of the Director.
D. All EV charging systems shall meet the requirements of the California Electrical Code, the California Building Code, the California Green Building Standards Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, accredited testing laboratories, and rules of the Public Utilities Commission regarding safety and reliability.
Sec. 106-767. – Development standards.
All vehicle fueling or EV charging stations shall comply with the following development standards.
A. If a vehicle fueling or EV charging station adjoins a zone or overlay that allows residential uses, a 6-foothigh, solid decorative masonry wall, in compliance with Division 7 of Article III (Walls and Fences), shall be installed along the property line that adjoins the property that is zoned to allow residential.
B. A 3-foot-wide planting strip shall be located on the station site along the entire length of the wall separating the vehicle fueling or EV charging station from adjacent property that allows residential uses and public street rights-of-way, except for driveway openings. All unpaved areas shall be landscaped in compliance with Division 4 of Article III (Landscaping Standards for Private Property).
C. A planter area of not less than 100 square feet shall be provided at the corner of two intersecting streets, in compliance with Chapter Division 4 of Article III (Landscaping Standards for Private Property).
D. Additional landscaping may be required by the Director to screen the vehicle fueling or EV charging station from adjacent residential properties.
E. All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed within the roof canopy, to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with section 106.353 (Outdoor Lighting).
Sec. 106-768. – Site maintenance.
All vehicle fueling or EV charging stations shall comply with the following maintenance standards.
A. Used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles, shall not be located outside of the main structure.
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ATTACHMENT “B”
38 B. A refuse storage area, completely enclosed with a masonry wall not less than five feet high, with a solid gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located to be accessible to refuse collection vehicles.
C. Driveways and service areas shall be maintained and kept free of oil, grease, and other petroleum products, in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled oil, grease, and other petroleum products without washing them into the drainage, gutter, and sewer system.
D. Additional Conditions. Additional conditions (e.g., hours of operation, sign regulations, structure materials and design) may be imposed by the applicable review authority as deemed reasonable and necessary to protect the public health, safety, and general welfare of the community.
ARTICLE V. - ADMINISTRATION
DIVISION 3. - ZONE CLEARANCE
Sec. 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. 1270, § 30.745, 9-30-1985; Ord. No. 1305, 6-15-1987; Ord. No. 1585, §§ 1, 2, 12-1-2008) Sec. 106-824. - Applicability.
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 Section 65913.4 of the California Government Code 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.
Sec. 106-825. - Review authority.
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.
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ATTACHMENT “B”
39 Sec. 106-826. - Application.
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.
Sec. 106-827. - Notice.
Public notice shall not be required.
Sec. 106-828—106-843. – Reserved.
ARTICLE V. - ADMINISTRATION
DIVISION 4. – ADMINISTRATIVE PLANNING REVIEW
Sec. 106-844. – Purpose.
The purpose of this chapter is to establish thresholds for level of review for planning applications that do not require a full Site Plan Review or Conditional Use Permit review. Applications applied for under this division shall be reviewed and approved administratively.
Sec. 106-845. – Findings and decisions.
The Review Authority shall only approve an application for a minor or major administrative planning review if it finds that the application is consistent with the purposes of this article and with the following:
A. The applicable standards and requirements of this Code; B. The General Plan and any applicable Specific Plan, Community Plan, ordinances or policies the City has adopted;
C. Any applicable design guidelines or standards the City has adopted; D. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.
Sec. 106-846. – Thresholds for review.
No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purpose of this section, when an applicant is proposing to amend, alter, expand buildings or uses, or otherwise revise a specific project or an existing developed site, staff will be required to determine the type of application (Site Plan Review or Conditional Use Permit) and level of review based on the following below:
A. Minor Administrative Planning Review. The Director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the Review Authority and would not intensify any potentially detrimental effects of the project or create a new unanticipated impact that may or may not be significant. Minor projects typically do not require the review of other departments or agencies. Minor projects include, but are not limited to, the following:
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ATTACHMENT “B”
40 a. Residential Minor Administrative Planning Review: Architectural or exterior material, treatments or color changes which do not change the basic form and theme of an existing building or conflict with the original architectural form and theme of an existing building; and which do not require the review of other departments (excepting Building & Safety) or agencies. a. Any interior alterations that do not increase the number of rooms, bedrooms, or the gross floor area within a structure, or change or intensify the permitted use of that structure or the height of the building.
b. On-site changes to a previously approved site plan which do not change the basic form and/or function of an existing site; and, not requiring the review of other departments or agencies.
c. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping not requiring the review of other departments or agencies. d. Structural additions or alterations to existing residential projects not requiring the review of other departments or agencies, and/or which do not propose additional units exceeding density requirements for respective districts, and do not require a change to entitlement type.
e. Parking lot configurations not changing the previously approved circulation of the parking lot.
b. Non-Residential Minor Administrative Planning Review:
a. Minor structural additions to non-residential projects not requiring the review of other departments or agencies.
b. Construction of fences, walls, and screens on non-residential property which do not include vehicular or emergency service pedestrian gates. c. Any addition of solar covered parking structures less than or equal to 1,000 square feet not requiring the review of other departments or agencies. d. On-site changes to a previously approved site plan which do not change the basic form and/or function of an existing site; and, not requiring the review of other departments or agencies.
e. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping not requiring the review of other departments or agencies. f. Parking lot configurations not changing the previously approved circulation of the parking lot.
B. Major Administrative Planning Review. Major administrative planning reviews typically require the review of a limited number of other departments or agencies. Major administrative planning reviews include, but are not limited to, the following:
a. Residential Major Administrative Planning Review:
a. Structural additions or alterations to existing residential projects requiring the review of a limited/abridged number of other departments or agencies, and which do not propose additional units exceeding density requirements for respective districts or require a change to entitlement type.
b. New construction or additions to residential buildings of less than 200 square feet. c. Construction of a new residential building(s) within existing residential projects exceeding either 50 percent of the existing number of units or 50 additional units, whichever is less April 7, 2025 CC Special & Regular Mtg Page 450 of 651
ATTACHMENT “B”
41 and, which do not propose additional units exceeding density requirements for respective districts and do not require a change to entitlement type. b. Non-Residential Major Administrative Planning Review:
a. Structural additions to non-residential projects requiring the review of a limited/abridged number of other departments or agencies.
b. Structural additions to non-residential projects or the construction of a new building(s) or structure(s) on developed and previously entitled land or parcels. c. Addition of a drive-through facility to an existing or previously approved building. d. New construction or expansion of existing parking lots into areas not previously utilized for parking or on-site vehicular circulation that change the previously approved circulation of the parking lot.
e. Any change or modification to an existing Conditional Use Permit (or other application type requiring noticing), which does not require or warrant re-noticing.
C. Full Review. Projects that do not fit the above criteria and projects that require a full entitlement review, as determined by the Director, shall be considered full Site Plan Reviews and/or full Conditional Use Permits.
Examples of this include, but are not limited to, the following:
a. New use on vacant/undeveloped land.
b. Changes resulting in additional environmental impacts not previously assessed; or, which are not eligible for a CEQA Exemption.
c. Construction of a new building on undeveloped land or parcel. d. Expansion of a building or use encompassing a land area not included in the previously approved entitlement.
e. Establishment of a new conditional use.
f. Expansion of a conditional use with no previously approved Conditional Use Permit on record. g. Structural additions to non-residential projects that result in 20 percent or more of the existing square footage or 500 square feet, whichever is less.
h. Structural additions to existing residential projects that are 200 square feet or more or add another level to the existing residential structure.
ARTICLE V. - ADMINISTRATION
DIVISION 5. – TEMPORARY USE PERMIT AND SPECIAL EVENT PERMIT Sec. 106-847. – Purpose.
The intent and purpose of this Division is to establish a process for reviewing proposed temporary uses and special events to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses and special events, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A Temporary Use Permit and Special Event Permit allows for short-term activities that might not meet the normal development or use standards of the applicable zoning district but are considered acceptable due to their temporary nature.
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ATTACHMENT “B”
42 Sec. 106-848. – Applicability.
A. Permit Requirement. A Temporary Use Permit or Special Event Permit approved by the applicable review authority shall be required for all uses identified in this Division and shall be issued before the commencement of the activity.
B. Exempt Activities. The following temporary uses are exempt from requiring a Temporary Use Permit or Special Event Permit and other city approval. Uses other than the following shall comply with this division.
1. On-site contractor’s construction yards, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project.
2. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at bookstores, opening receptions at art galleries).
3. Emergency public health and safety activities.
Sec. 106-849. – Allowed Temporary uses and special events.
The following temporary uses and special events may be allowed, subject to a Temporary Use Permit or Special Event Permit by the applicable review authority. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this Division in compliance with Sec. 106-848 (Applicability).
A. Temporary Use Permit:
1. Storage. Enclosed temporary storage, unrelated to a construction project, or exceeding 180 days, but in no case exceeding a maximum of one (1) year. See Division 19 of Article IV (Temporary Storage Containers) for specific standards.
2. Temporary entertainment and exhibit uses. Indoor or outdoor temporary entertainment and exhibit uses related or not related to the primary use of the property and compatible with the zoning district of the site and surrounding land uses. These temporary uses may include, but are not limited to, art exhibits and installations, museums, live or motion picture theatres, and interactive or immersive attractions, and may be permitted for more than twelve (12) days but not more than six (6) consecutive months.
3. Temporary outdoor sales. Temporary outdoor sale of merchandise, in any commercial, industrial, or SP-5 zoning district, in compliance with the following provisions:
a. There shall be no more than four (4) sales in any calendar year. b. Each sale shall be limited to three (3) consecutive days. c. The merchandise displayed shall be that customarily sold on the site. d. The site utilized for a permanently established business holding a valid business license certificate as required.
4. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sales of homes. A permit for a temporary real estate office may be approved for a maximum of one (1) year.
5. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.
6. Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed during construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force. The permit for a temporary work trailer may be granted for up to one (1) year.
7. Seasonal sales. The annual sales of holiday related items such as Christmas Trees, pumpkin lots/patches and similar items may be permitted in accordance with the following standards:
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ATTACHMENT “B”
43 a. Time Period. Seasonal sales, including Christmas Tree and pumpkin lots, associated with holidays are allowed up to a month preceding and one week following the holiday. b. Goods, signs, and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.
c. Parking. The Director may require a shake-off area or alternative design to ensure that dirt is not deposited onto public streets.
8. Temporary use of unattended collection boxes. A collection box is permitted as a temporary accessory to a principal permitted use with approval of site plan review by the community development Director pursuant to Division 6 of Article V of this chapter and subject to the following:
a. Definition. For the purpose of this section, "collection box" means an unattended canister, receptacle, or similar device, used for soliciting and collecting donations of salvageable goods and movable property, but not money or evidences of debt. This term does not include a recyclables container regulated by Chapter 70 of this Code. b. Prohibition. No person, individual, firm, corporation, partnership, association, club, society, or other entity shall engage in any of the following without a permit in accordance with this section: (i) place, install, or maintain on any real property a collection box held out to the public for donations; (ii) extract any item from a collection box; or (iii) allow, aid, abet, or suffer any such action. c. Application.
i. Any requirement to show particular information on the site plan may be waived as the Director deems appropriate.
ii. The application shall include:
A. The signed and notarized written consent to the application by the owner of the subject parcel of land;
B. Contact information for the person responsible for the ongoing maintenance of the collection box; and
C. Other information deemed appropriate by the Director. iii. A permit may be issued only to a nonprofit entity that is eligible to solicit donations of salvageable personal property pursuant to Welfare and Institutions Code Section 148.3.
d. Duration.
i. Written approval of a collection box under this section shall be considered a temporary permit and shall be valid for a period not longer than 24 months as set forth in the permit, unless otherwise provided by this section. The permit shall terminate earlier than the expiration stated therein if: (1) the permit is revoked on the grounds of non-compliance with the permit or other law; or (2) the collection box is abandoned for 30 days after the mailing date of the city's written notification to the permit holder of the abandonment.
ii. The permit holder and the owner, tenant, and person or entity in control of the parcel of land on which the collection box is placed shall be jointly and severally liable for costs incurred in removing an unpermitted or abandoned collection box.
The Director may require a cash bond or other guarantee of removal of the temporary use upon expiration of the permit.
e. Zones. Collection boxes are prohibited in the city's residential zones, except on properties with any of the following land uses approved by conditional use permit:
churches, temples or other places of religious worship or similar places of assembly, schools, nursery schools, hospitals, sanitariums, large community care facilities, museums, and libraries. This division shall prevail over the restriction against temporary April 7, 2025 CC Special & Regular Mtg Page 453 of 651
ATTACHMENT “B”
44 structures at places of religious worship. The Director may issue a temporary permit pursuant to this section for a period longer than 24 months if the applicant demonstrates that the collection box is customarily incidental to the principal use in accordance with the city zoning ordinance.
f. Location. No collection box shall be placed:
i. Within 500 feet of another collection box or a salvage and recycling business, or within 30 feet of the property line of any adjacent residentially zoned parcel. The Director shall have discretion to waive or modify these distance restrictions if justified by the following: (i) the collection box is customarily incidental to the principal use; (ii) it will cause no significant adverse effect on adjacent property; and (iii) the public necessity, convenience, general welfare or good zoning practice.
ii. Within a yard setback.
iii. Within a required off-street parking space.
g. Conditions of approval. Approvals shall be limited to one collection box per property.
The Director may impose conditions on a collection box permit to ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, including, without limitation, aesthetics and periodic review of compliance with this section. h. Maintenance. The collection box shall have a firmly closing lid. The permit holder and the parcel owner shall be responsible to:
i. Maintain the premises in a clean, sanitary condition at all times, free from discarded items, garbage, and other waste.
ii. Regularly empty contents to ensure the collection box does not exceed its capacity.
iii. Remove any graffiti or material placed outside of the collection box within 24 hours.
i. Size. The collection box shall not exceed six cubic yards in volume or six feet in height.
9. Other Temporary Uses. The Director of Recreation & Community Services shall have the discretion to determine the required permit type for temporary and special uses not listed in this Division.
B. Special Event Permit:
1. Carnivals, fairs, and festival events. Carnivals, fairs, and festival events are subject to the following standards:
a. Location. Carnivals, fairs, and festival events are limited to areas within Commercial or Employment districts, or on property owned by a public school. b. Time limit. When abutting or adjacent to a Residential District or a street that serves a Residential District the hours of operation shall be limited to 7 a.m. to 10 p.m. c. Lighting. Lighting shall be hooded and directed away from residential uses.
2. Special events and sales. Other short term special events may be permitted in accordance with the following standards:
a. Location. Events are limited to non-residential districts. b. Number of events. No more than six events at one site shall be allowed within any 12- month period. Events shall not last more than five days per event and there shall be a minimum of fourteen (14) days between events.
c. Products. The outdoor display area shall be directly related to a business occupying a primary structure on the same site.
d. Existing parking. The available parking shall not be reduced to less than ninety percent (90%) of the minimum number of spaces required by this Chapter.
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ATTACHMENT “B”
45 3. Indoor events. All event centers, as defined and permitted by this Chapter, shall comply with the following standards, in addition to those identified in section 106-853 and section 106-852 (Conditions of Approval).
a. Conformance with all applicable Building and Fire Code requirements for assembly uses including, but not limited to, egress, seismic retrofitting, and restrooms. b. Provision of off-street parking in accordance with Division 3, Subdivision II (Off-Street Parking and Loading).
c. Conformance with the following public health, safety, and welfare standards:
i. When abutting residential uses or zoning, delivery and retrieval of event materials/props and set-up and take-down operations and activities shall occur only between the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 8:00 p.m. Saturday and Sunday.
ii. Event staff shall monitor vehicle parking and retrieval to ensure there is no excessive noise before, during, or after events.
iii. Event staff shall instruct event attendees to remain respectful of nearby residential areas and signage shall be clearly and conspicuously posted and maintained in parking areas with the following wording: “Event Guests and Event Staff, please remain respectful of nearby residential and commercial neighbors and refrain from making loud noises, playing music at high volumes, and accelerating vehicle engines. Thank you for your cooperation.”
iv. Event staff shall utilize at least one (1) 3-yard plastic recycle bin, one (1) 3-yard plastic refuse bin, and one (1) green waste bin sized to Public Works Environmental Programs and Operation Division standard, which must be located and filled within the interior of the event center building. After each event, all bins must be located on the outside of the event center building for City trash pick-up operations.
v. All events and event-related activities shall occur within the interior of the event center building. No event-related activities or storage of event materials/props shall be permitted exterior of the event center building.
4. Outdoor events. The following outdoor events may be allowed:
a. Entertainment and assembly events. Outdoor entertainment and assembly events, including concerts, fairs, farmers’ markets, festivals, flea markets, food events, fundraisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, secondhand sales, swap meets, and other similar events designed to attract large crowds, and which are held on private or public property, for up to 6 days per calendar year or as determined appropriate by the Director of Recreation and Community Services.
5. Other special events. The Director of Recreation and Community Services shall have the discretion to determine the required permit for temporary and special uses not listed in this Division. (Ord. No. 1651, § 3, 2-16-2016)Sec. 106-850. – Review authority.
A. Director Review. The Director shall be responsible for the review and approval of all permits for temporary uses not reviewed by the Recreation & Community Services Committee on Permits and Licenses.
B. Committee on Permits and Licenses. The Recreation and Community Services Department oversees the Committee responsible for the review and approval of all permits for special events, unless reviewed by the Director.
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ATTACHMENT “B”
46 Sec. 106-851. – Application filing and processing.
An application for a Temporary Use Permit or Special Event Permit shall be filed with the applicable authority and processed as follows.
A. Application Contents. The application shall be made on forms made by the Community Development Department and shall be accompanied by the information identified in any applicable City handouts and permit applications.
B. Time for Filing. A temporary use or special event permit application shall be filed as follows:
1. Temporary use permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use.
2. Special event permit. A special event permit application shall be filed with the Recreation and Community Services Department at least 7 days in advance of a proposed minor event, and 14 days in advance of a proposed major event. The Director or Committee shall determine whether a proposed special event or temporary event is minor or major, based on the characteristics of, and activities associated with, the event, and the likely impacts on the surrounding community.
3. Additional permits required. Temporary uses and special events may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations.
Sec. 106-852. – Conditions of approval.
The review authority may impose reasonable and necessary specific design, locational, and operational conditions in approving Temporary Use Permit or Special Event Permit as follows:
A. The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority.
B. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints.
C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property.
D. The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Chapter.
E. The use or event will comply with all applicable provision of local, State and Federal laws or regulations.
F. Any other pertinent factors affecting the operation of the temporary use or special event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this Division
1. Conditions may require the provision of
a. Sanitary and medical facilities.
b. Security and safety measures.
c. Solid waste collection and disposal.
2. Conditions may regulate:
a. Nuisance factors, including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations. b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested.
c. Temporary signs.
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ATTACHMENT “B”
47 d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.
Sec. 106-853. – Development and operating standards.
A. General Standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards, which apply to the category of use or the zoning district of the subject parcel, shall be used as a guide for determining the appropriate development standards for temporary uses and special events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.
B. Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Article III (General Regulations), as applicable to the use, in addition to those identified in section 106-849 and section 106-852 (Conditions of approval).
Sec. 106-854. – Post-approval procedures.
The approval or denial of a Temporary Use Permit or Special Event Permit may be appealed in compliance with Division 2 of Article V The procedures of Sec.106-809 (Summary of Planning Permits and Actions) shall apply to the approval of the permit.
A. Condition of the Site Following a Temporary Use or Special Event. Each site occupied by a temporary use or special event shall be cleaned of debris, litter or any other evidence of the temporary activity, on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Chapter.
B. Revocation. A Temporary Use or Special Event Permit may be revoked or modified, with only a 24-hour notice, in compliance with Division 2 of Article V (Hearing and Appeals).
C. Extension of the Permit. The Director may extend the operational length of a temporary use or special event if the delay is beyond the control of, and was not the result of actions by, the permittee.
D. Expiration of Permit. A Temporary Use Permit or Special Event Permit shall be considered to have expired when the approved use has ceased or been suspended.
April 7, 2025 CC Special & Regular Mtg Page 457 of 651
ATTACHMENT “B”
48 NEW SECTION LIST
ARTICLE I. GENERAL PROVISIONS
DIVISION 1. – INTRODUCTORY PROVISIONS
Sec. 106-4. – Structure of the development code.
A. Organization of regulations. This Code consists of six articles:
1. Article I: General Provisions
2. Article II: Base and Overlay Zones
3. Article III: General Regulations
4. Article IV: Standards for Specific Land Uses and Activities
5. Article V: Administration
6. Article VI: Definitions
B. Types of regulations. This Code contains five types of regulations controlling the use and development of property:
1. Use regulations. These regulations specify land uses permitted, conditionally permitted, or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Use regulations for base zoning districts and for overlay districts are in Article II of this Code. Certain regulations that are applicable in some or all districts, and performance standards which govern special uses, are in Article III.
2. Development standards. These regulations control the height, bulk, locations, and appearance of structures. Development regulations for base zoning districts and for overlay districts are in Article II of this Code. Certain development regulations that are applicable to some or all districts are in Article III. These include regulations for specific uses, development and site regulations, performance standards, parking, and signage.
3. Administrative regulations. These regulations contain detailed procedures for the administration of this Code, and include common procedures, processes, and standards for discretionary entitlement applications and other permits. Administrative regulations are in Article V.
4. Definitions. Article VI provides definitions and articulates use classifications and terms and definitions used in this Code.
ARTICLE I. GENERAL PROVISIONS
DIVISION 1. – INTRODUCTORY PROVISIONS
Sec. 106-16. - Procedural requirements.
Failure to follow the procedural requirements contained in this chapter shall not invalidate City actions taken in absence of a clear showing of intent.
April 7, 2025 CC Special & Regular Mtg Page 458 of 651
ATTACHMENT “B”
49 ARTICLE III.- GENERAL REGULATIONS
DIVISION 1. – GENERALLY
Sec. 106.190. – Access.
A. Access to streets.
1. Every structure shall be constructed upon, or moved to, a legally recorded parcel with a permanent means of access to a public street, in compliance with City standards.
2. All structures shall be properly located to ensure safe and convenient access for servicing, fire protection, and parking.
3. Parcels located on a private street, which were legally established before the effective date of this Title, are exempt from the required compliance with the latest adopted City standards for private streets.
B. Pedestrian access. All multiple-family residential, non-residential, or mixed use developments shall provide a minimum of one pedestrian walkway of no less than four feet in width, from each adjoining street frontage connecting said street with either the main building entrance or common pedestrian corridor.
C. Access to Accessory Structures. Accessory structures and other on-site architectural features shall be properly located to ensure that they do not obstruct access to main structures or accessory living quarters.
ARTICLE III. – GENERAL REGULATIONS
DIVISION 7. – WALLS AND FENCES
Sec. 106-374. – All zones.
The following standards shall apply to all walls and fences city-side.
A. The height of a wall or fence located along an interior property line shall be measured from the higher natural or established grade of the two abutting properties.
B. Jacuzzi, spa, swimming pools and other similar outdoor water features shall be fenced in compliance with the Uniform Building Code.
C. Screening of outdoor uses and equipment shall be provided in compliance with Division 6 of this article or as specified in Article IV for specific land uses and activities.
D. Temporary fencing may be approved as deemed necessary and appropriate by the Director.
E. If a fence or wall obstructs the view of a property address from the street right-of-way, the address numbers shall be located on the fence so that they are clearly visible from the street right-of-way.
F. Decorative lighting fixtures may exceed the maximum allowed height for walls and fences along a street-facing property line shall reflect light down and away from adjoining properties so that the light emitted does not create a public nuisance or offense, in compliance with other applicable SFMC provisions.
April 7, 2025 CC Special & Regular Mtg Page 459 of 651
ATTACHMENT “B”
50 G. Lighting fixtures may be attached to the side of a fence along an interior property line, provided that they do not project above the top of the fence.
H. Fences or walls shall not incorporate electrical currents, razor ribbon or wire, barbed wire, concertina ribbon, protruding fragments of broken glass or similar materials shall be permitted.
I. Chain link is prohibited within any front or side yard area except as part of a temporary construction fence.
J. The Director may administratively approve fences and walls that exceed the maximum heights identified in this section, in compliance with Division 9 of Article V (modifications, 20% or less).
ARTICLE V. - ADMINISTRATION
DIVISION 1. – GENERALLY
Sec. 106-808. – Purpose.
The purpose of this article is to identify the bodies, officials, and administrators with designated responsibilities under various divisions of the Zoning Code. Subsequent divisions of Article V provide detailed information on procedures, applications, and permits, including Code text and zoning map amendments, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Code to implement the policies and achieve the objectives of the General Plan.
Sec. 106-809. – Summary of planning permits and actions.
The following table shows, for ease of reference, a brief summary of the permits and actions that are administered under this Code. The table is not regulatory. For complete regulations, procedures, and requirements, see Divisions 2 through 14 of Article V – Administration. For purposes of this chapter, the following definitions shall apply:
A. Ministerial. Review of plans to determine compliance with codified standards. An example of a ministerial action is the Building Division approving a building permit application.
B. Discretionary Quasi-Judicial. Decisions made by administrative or executive officials or local boards and commissions that apply general rules or policies to specific circumstances. An example of a Discretionary Quasi-Judicial action is the Planning & Preservation Commission approving a Conditional Use Permit for a drive-thru facility.
C. Discretionary Legislative. Decisions made by elected bodies and establish general rules or policies that have a wider impact. An example of a Discretionary Legislative action is the City Council approving a General Plan Amendment.
TABLE 106-831: PLANNING PERMITS AND ACTIONS
Proposed Activity Permit or Action
Required
Type of Decision Review Authority
Use-Only Proposals
Establishment of a (P)
Permitted Use
Zone Clearance Ministerial Director of Community
Development
Establishment of a (C)
Conditional Use
Conditional Use Permit Discretionary QuasiJudicialPlanning & Preservation
Commission
April 7, 2025 CC Special & Regular Mtg Page 460 of 651
ATTACHMENT “B”
51 Establishment of a
Temporary use
Temporary Use Permit Discretionary QuasiJudicialDirector of Community Development
Development Proposals
Development of a (P)
Permitted Use
Site Plan and Planning
Review
Discretionary QuasiJudicialDirector of Community
Development
Request for relief from
property development
standards due to
unique conditions in
conjunction with a Site
Variance Discretionary QuasiJudicialPlanning &
Preservation
Commission
Request for minor
accommodations to
prescribed
development standards
Modification Discretionary QuasiJudicialDirector of Community Development
Other Proposals or Actions
Minor changes to
approved plans,
consistent with original
findings and conditions
Minor Administrative
Planning Review
Ministerial Director of Community
Development
Changes to a
discretionary permit or
changes to approved
plans that would affect
findings or conditions
Major Administrative
Planning Review
Discretionary QuasiJudicialDirector of Community
Development
Violation of conditions
or terms of permit
Revocation of Permit Discretionary QuasiJudicialPlanning & Preservation
Commission
Modifications of or
exceptions from
regulations to ensure
equal access to housing
for individuals with
disabilities
Reasonable
Accommodation for
Housing
Discretionary QuasiJudicialDirector of Community
Development
Proposals to change a
regulation within this
Code
Zoning Text
Amendment
Discretionary
Legislative
City Council
Proposal for
development which
complies to regulations
of an existing district,
but not the one
currently applied to the
site
Zoning Map
Amendment
Discretionary
Legislative
City Council
Change of the General
Plan land use
designation for a site
General Plan
Amendment
Discretionary
Legislative
City Council
April 7, 2025 CC Special & Regular Mtg Page 461 of 651
ATTACHMENT “B”
52 Request to qualify for
vesting and processing
benefits offered under
SB 330
Preliminary Application
Pursuant to Section
65951.1
Discretionary QuasiJudicial
Request to qualify for
ministerial review
under SB 35 (SB 423)
Preliminary Application
Pursuant to Section
65951.1
Ministerial
Large, multi-phase
project which needs
certainty regarding
regulations over time in
exchange for public
benefits
Development
Agreement
Discretionary
Legislative
City Council
Sec. 106-810. - Application process and fees.
A. Applicant.
1. The property owner(s) shall sign all applications.
2. If the application is made by someone other than the owner, written proof, satisfactory to the Director, of the right to act as the owner’s agent or to use and possess the property as applied for, shall accompany the application.
3. Written proof of authorization must be signed and dated by the property owner and expressly state what the agent is authorized to do on behalf of the owner.
B. Forms and Materials.
1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.
2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including, but not limited to, operational statements, photographs, plans, drawings, renderings, models, material and color samples, and other items necessary to describe existing conditions on the project site and in the vicinity and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.
3. Availability of Materials. All materials submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. Application Fees.
1. Payment of Application and Processing Fees. No application shall be accepted as complete and processed without payment in full of the required application and review fee per the Master Fee Schedule.
2. Multiple Applications. The City’s processing fees are in accordance with the adopted fee schedule. Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review.
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ATTACHMENT “B”
53 Sec. 106-811. - Application review.
Except as required by State law, each application filed with the Planning Division shall be initially processed as follows:
A. Completeness Review. The Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when:
1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports, and other information specified in the application form, any applicable Division handout, or any additional information on standard checklists, forms, or documents required by the Director have been provided and accepted as adequate; and
2. All necessary fees and deposits have been paid and accepted.
B. Notification of Applicant. The applicant shall receive written notification, within 30 days of submittal, that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.
C. Expiration of Application. If a pending application is not deemed complete within 6 months after the first filing with the Division, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.
D. Extension of Application. The Director may grant one 6-month extension, upon written request of the applicant. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits and other materials, will be required to commence processing of a new project application on the same property.
E. Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project, in compliance with the California Environmental Quality Act.
F. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State, or Federal law, an application filed in compliance with this Title may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
ARTICLE V. - ADMINISTRATION
DIVISION 6. – SITE PLAN REVIEW
Sec. 106-855. – Purpose.
The purpose of the site plan review procedure is to enable the Director to check development proposals for conformity with the sections of this chapter in a manner that is also consistent with the general plan, any applicable specific plans, and adopted design guidelines.
Sec. 106-856. – Applicability.
A. Development. A Site Plan Review Permit shall be required for all projects that propose development, as defined in Article VI – Definitions of this Code, of property within the City of San Fernando in addition to:
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ATTACHMENT “B”
54 1. All new construction or exterior alteration of any existing building or structure which also requires a conditional use permit or a variance;
2. All new construction or major remodel of any existing building or structure in the PD overlay, RPD zone, or SP-5 zone;
3. All new construction or exterior alteration of any existing building or structure in a residential zone that involves 200 square feet or more of floor area or will extend the structure to a second floor;
4. All new construction or exterior alteration of any existing building or structure in a commercial or industrial zone that results in a 20 percent or more of the existing square footage or 500 square feet, whichever is less.
5. All new construction of any freestanding sign in all commercial and industrial zones, other than a monument sign or any electronic message center sign.
6. All new construction or alteration of any wireless communication facility that is determined not to be exempt pursuant to section 106-771 of this Code. Generally speaking, these facilities are located on private property, including city owned property not located within the public right-of-way.
B. Exceptions. No Site Plan Review Permit shall be required for the following:
1. To confirm that the establishment of a new use with no development is permitted as a matter of right.
2. The continuation of previously approved or permitted uses, structures, or uses and structures, that are not subject to any Building Code or Zoning Ordinance regulations.
3. Sign permit applications proposing new or revised signage that meet the standards of Division 9 of Article III - Signs
4. Administrative Planning Review as outlined in Division 7 of this article.
Sec. 106-857. – Procedure.
A. The applicant shall submit copies of the site plan to the Director. The number of copies required shall be as determined by the Director. The applicant shall be required to pay appropriate fees as determined by city council resolution for processing site plan review applications.
B. The site plan shall be reviewed by the Director for conformity with sections of this chapter, the general plan, any applicable specific plans, adopted design guidelines, policies and ordinances of the City. The plans may be conditionally approved and signed by the Director which conditional approval stipulates that the development as shown, with any changes noted by the Director, conforms to the development regulations of the zone.
C. Certain development regulations in the various zones are subject to commission review and approval. In these instances the site plan review application shall be submitted to the commission and the items in question shall be placed on the agenda. The commission may approve, disapprove or approve the proposed development with conditions on the site plan review application. The commission's findings shall be noted on the plans and recorded in the commission minutes.
D. When a Site Plan Review is required, no building permit shall be issued until the site plan review application has been approved in accordance with this section, and no certificate of occupancy shall be issued unless the development complies with the approved site plan review and all conditions attached thereto.
E. If the Director determines that there are unusual circumstances or special conditions related to an application, the Director may defer action and refer such application to the planning and preservation commission for final decision.
F. The applicant may appeal the decision of the Director or the planning and preservation commission pursuant to section 106-817.
(Ord. No. 1270, § 30.745.1, 9-30-1985; Ord. No. 1305, 6-15-1987; Ord. No. 1585, §§ 1, 2, 12-1-2008) April 7, 2025 CC Special & Regular Mtg Page 464 of 651
ATTACHMENT “B”
55 Sec. 106-858. – Application.
Except as required by State law, each application filed with the Planning Division shall be initially processed as follows:
A. Completeness Review. The Division shall review an application for completeness and accuracy before it is accepted as being complete and officially files. The Division will consider an application complete when:
1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports, and other information specified in the application form, any applicable Division handout, or any additional information required by the Director have been provided and accepted as adequate; and
2. All necessary fees and deposits have been paid and accepted.
B. Notification of Applicant. The applicant shall receive written notification, within 30 days of submittal, that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.
C. Expiration of Application. If a pending application is not deemed complete within 6 months after the first filing with the Division, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.
D. Extension of Application. The Director may grant one 6-month extension, upon written request of the applicant. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits and other materials, will be required to commence processing of a new project application on the same property.
E. Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project, in compliance with the California Environmental Quality Act.
F. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State, or Federal law, an application filed in compliance with this Title may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
Sec. 106-859. – Findings and Decisions.
A Site Plan Review may be approved, with or without conditions, only after first making specific findings as outlined below, and any additional findings required for the approval of specific land uses in Article IV.
A. Findings for Approval of Non-Housing Development Projects. The Review Authority shall only approve a Site Plan Review Permit application for a non-housing related project if it finds that the application is consistent with the purposes of this article and with the following:
1. The applicable standards and requirements of this Code;
2. The General Plan and any applicable Specific Plan, Community Plan, ordinances or policies the City has adopted;
3. Any applicable design guidelines/standards the City has adopted;
4. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required;
5. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control devices, and the width and pavement of adjoining street and alleys) will be available to serve the subject site.
6. The proposed development will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
B. Findings for Approval of Housing Development Projects.
April 7, 2025 CC Special & Regular Mtg Page 465 of 651
ATTACHMENT “B”
56 1. The Project does not have a specific, adverse impact on public health or safety. A “specific adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions in existence on the date the application was deemed complete.
2. The Project is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development and objective design standards, as existed on the date the application was deemed complete.
3. The Project is consistent with the General Plan and any applicable specific plan.
4. The existing or proposed public facilities necessary to accommodate the Project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.
C. Findings for Denial or Reduced Density of Housing Development Projects. Housing development projects consistent with the General Plan, Zoning Code, and objective design standards can only be denied if the findings in Gov. Code 65589.5(j)(1) can be made.
D. Findings for Denial or Reduced Density of Housing Development Projects with 20% Affordability. Housing development projects with 20% affordable units and consistent with the General Plan, Zoning Code, and objective design standards can only be denied if the findings in Gov. Code 65589.5(d) can be made. Certain affordable housing projects shall be processed under the Zone Clearance, Streamlined Development process.
Sec. 106-860. – Conditions of approval.
In granting approval of a Site Plan Review Permit, the Review Authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article, the General Plan, and any applicable operative plan or policy the City has adopted. The conditions shall ensure compliance with the applicable criteria and standards established by this Code or mitigation required pursuant to the California Environmental Quality Act (CEQA) review. Conditions may be related to the following objectives:
A. The proposed design will not lead to an overburdening of existing or planned infrastructure capacities, including, but not limited to, capacities for water, runoff, storm water, wastewater, and solid waste systems;
B. The proposed design will ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies and design guidelines adopted by the City Council; C. The proposed design will achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;
D. The proposed project shall mitigate any potential impacts identified as a result of the environmental review conducted in compliance with the California Environmental Quality Act.
E. The proposed project shall provide the public facilities necessary to accommodate the Project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, width and pavement of adjoining streets and alleys, etc.).
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Attachment “C”
57 Sec. 106-861. – Post-approval procedures.
Procedures relating to appeals, notices, revocations and modifications, as identified in Article V (Administration) in addition to those identified in Article IV (Standards for Specific Land Uses and Activities), shall apply following the approval of a Site Plan Review.
Secs. 106-862—106-866. – Reserved.
ARTICLE V. - ADMINISTRATION
DIVISION 7. – CONDITIONAL USE PERMITS
Subdivision I. – In General
Sec. 106-875. - Post-approval procedures.
Conditional Use Permits granted pursuant to the provisions of this Chapter that are valid and in effect, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of one year with two 6-month extensions as approved by the Director, the use permit shall be deemed to be expired and shall become null and void. An applicant may request an extension by filing a written application with the Director at least 30 days, but no more than six months prior, to the expiration of the approval.
Upon expiration, further continuation of the activity on-site will require approval of a new Conditional Use Permit.
ARTICLE V. - ADMINISTRATION
DIVISION 10. - AMENDMENTS TO GENERAL PLAN TEXT, GENERAL PLAN LAND USE MAP, ZONING
CODE TEXT, ZONING MAP, AND SPECIFIC PLAN AMENDMENTS
Sec. 106-1019. – Purpose.
The city council may amend this chapter whenever required by public necessity, convenience and general welfare.
April 7, 2025 CC Special & Regular Mtg Page 467 of 651
RESOLUTION NO. 2025-01
RESOLUTION OF THE PLANNING AND PRESERVATION COMMISSION OF
THE CITY OF SAN FERNANDO RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF SAN FERNANDO ADOPT AN ORDINANCE REPEALING AND REPLACING CHAPTER 106 (ZONING) OF THE SAN FERNANDO MUNICIPAL CODE
WHEREAS, California Constitution Article XI, Section 7, enables the City of San Fernando (the "City) to enact local planning and land use regulations; and WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City's police power to protect the public health, safety, and welfare; and WHEREAS, the City has identified a need to reorganize and amend its zoning code to improve its usability, clarity, and consistency while ensuring compliance with new state laws and implementing policies and programs identified in the City's Housing Element; and WHEREAS, the City has identified a need to codify policies and procedures to improve public access to said policies and procedures; and
WHEREAS, the City has identified a need to set development standards to facilitate application review and processing; and
WHEREAS, the Planning and Preservation Commission, as part of its special meeting of January 27th, 2025, conducted a duly noticed public hearing on the. proposed code reorganization and amendments, and all testimony was received and made part of the public record; and
WHEREAS, the City prepared a revised zoning code that includes new articles, divisions, and sections, as well as modifications to existing provisions to enhance the organization, functionality, and compliance of the zoning code as detailed in Exhibit "B" attached hereto.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN FERNANDO DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Environmental Findings
This project has been determined to be exempt from the requirements of the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) because there is no possibility that the project may have a significant impact on the environment. The text 1 of 4
ATTACHMENT "C"
April 7, 2025 CC Special & Regular Mtg Page 468 of 651
amendments are administrative and regulatory in nature, focused on improving clarity, consistency, and compliance with existing State mandates and the 6th Cycle Housing Element, and do not involve any physical development or changes in land use. Therefore, there is no potential for the project to result in direct or indirect environmental impacts.
SECTION 3. Zoning Text Amendment Findings
Pursuant to San Fernando City Code Section 106-19 (Zoning Text Amendments) the following findings for adoption of the proposed amendment can be made in a positive manner as follows:
1. The proposed amendment is consistent with the objectives, policies, general land uses and programs of the city's general plan.
The proposed code reorganization aligns with and supports the San Fernando General Plan by ensuring clarity, accessibility, and consistency in the implementation of zoning regulations. Specifically:
• Consistency with Land Use Objectives: The reorganization provides clear guidance for implementing land use policies outlined in the General Plan, ensuring that zoning designations align with the intended character and uses of various districts within the city. • Policy Alignment: The amendment enhances the usability of the zoning code, making it easier for stakeholders, including residents, developers, and staff, to understand and comply with the city's development standards. This supports the General Plan's goals of promoting orderly growth, sustainable development, and efficient land use practices. • Program Implementation: By improving the structure and organization of the zoning code, the proposed amendment facilitates the effective execution of General Plan programs, such as fostering economic development, housing opportunities, and infrastructure improvements.
• Enhanced Transparency: The amendment eliminates redundancies and clarifies ambiguities, fostering greater transparency and ensuring that the zoning code serves as a reliable tool for implementing the General Plan's vision and objectives.
2. The adoption of the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.
The proposed code reorganization supports the public interest and enhances public welfare by improving the efficiency and effectiveness of zoning regulations as described below:
• Clarity and Accessibility: The reorganization simplifies the zoning code structure, making it easier for the public, property owners, and developers to understand and comply with city regulations, thus reducing potential disputes and enforcement challenges. • Promoting Public Safety: By ensuring consistency and clarity in development standards, the amendment supports the city's ability to enforce regulations that protect public 2 of 4
April 7, 2025 CC Special & Regular Mtg Page 469 of 651
. '
health and safety, such as those related to building codes, setbacks, and environmental safeguards.
• Streamlining Processes: The amendment enhances the convenience of navigating the zoning code, thereby streamlining the permitting process and reducing delays for property owners and developers, all while maintaining regulatory standards. • Community Welfare: A well-organized zoning code promotes orderly development, enhances property values, and ensures land uses that are compatible with community needs and expectations, contributing positively to the overall quality of life in San Fernando.
SECTION 4. Determination.
Based on the findings outlined in Section 3 above, the Planning and Preservation Commission of the City of San Fernando does hereby recommend that the City Council adopt an ordinance reorganizing and amending Chapter 106 of the San Fernando Municipal Code as set forth in Exhibit "A" and Exhibit "B".
SECTION 5. Record of Proceeding
The documents and other materials that constitute the record of the proceedings upon which the Planning and Preservation Commission's decision is based, which include, but are not limited to, the environmental documents, staff reports, as well as materials that support the staff reports . for the proposed project and are located in the Community Development Department of the City of San Fernando at 117 Macneil Street, San Fernando, CA 91340. The custodian of these documents is in the City Clerk of the City of San Fernando.
SECTION 6. Certification of the Resolution
The Secretary of the Planning and Preservation Commission of the City of San Fernando, California, shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the Planning and Preservation of the City of San Fernando at the special meeting held this 27th day of January 2025, by the following votes:
AYES: F. Sanchez, M. Lua, F. Diaz, F. Solorio, C. Martinez NOES: None
ABSENT:None
ABSTAIN: None
3 of 4
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ATTEST:
ERIKA RAMIREZ, S
PLANNING AND PR'
COMMISSION
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AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Wendell Johnson, Public Works Director
Isabella Tapia, Interim Public Works Management Analyst
Date: April 7, 2025
Subject: A Public Hearing to Consider Adopting an Ordinance Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way
RECOMMENDATION:
It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public testimony, approve introduction for first reading, in title only, and waive further reading of Ordinance No. 1734 (Attachment “A”) titled, “An Ordinance of the City Council of the City of San Fernando, California Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way”.
BACKGROUND:
1. On December 6, 2004, the City adopted the San Fernando Specific Corridor Plan, which aimed to transform Truman Street, San Fernando Road, and Maclay Avenue into attractive, livable, and economically vibrant districts
2. On May 30, 2008, the City issued its first encroachment permit to a business for outdoor dining, intended exclusively for restaurants along Maclay Avenue.
3. On June 15, 2020, the City Council ratified Executive Order No. 2020-06-12, which allowed for temporary outdoor dining area permits within public sidewalks in commercial zones throughout the City.
4. On June 24 2020, the Public Works Engineering Division issued the first Outdoor Services permit pursuant to the Executive Order No. 2020-06-12.
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5. On March 31, 2023, Los Angeles County declaration of a local public health emergency for COVID-19 ended, effectively ending staff’s authority to issue Outdoor Dining Permits in the public right of way.
6. In the Fiscal Year (FY) 2023-2024 Adopted Budget, Community Development’s objective #4 was to create an outdoor dining program to promote pedestrian friendly and community focused design, as well as supporting post-COVID business model and economic development. Due to staff vacancies, the objective was carried forward to the FY 2024-2025 Adopted Budget.
7. On October 30, 2024, the City’s website was updated to include draft zoning code changes including outdoor dining. A draft outdoor dining ordinance and PowerPoint were shared via email with the San Fernando Mall Association and the San Fernando Chamber of Commerce.
The draft ordinance and PowerPoint were also added to the City’s website.
8. In December 2024, inserts were printed and mailed out with water bills to all residents notifying them of the zoning code updates underway and Department contact information.
ANALYSIS:
An outdoor dining program offers numerous benefits to both the community and local businesses by activating public spaces, enhancing the vibrancy of commercial districts, and supporting economic recovery and growth. It can create an inviting, flexible environment that attracts foot traffic, encourages longer visits, and increases revenue opportunities for restaurants and cafes.
Additionally, outdoor dining contributes to public health and well-being by providing open-air options for socializing and dining, improving the overall atmosphere and livability of a city or neighborhood. Furthermore, outdoor dining helps create an attractive and inviting pedestrian environment that fosters a sense of place, encourages walkability, and promotes economic growth by drawing more visitors to commercial areas.
During the COVID-19 pandemic, outdoor dining was encouraged as a way to support restaurants while minimizing the risk of virus transmission. Indoor spaces posed a higher threat due to limited ventilation and close contact among patrons, prompting public health officials to recommend outdoor seating as a safer alternative. In response, many cities relaxed regulations, expanded sidewalk and street dining, and provided financial assistance to help businesses adapt. This approach not only allowed restaurants to remain open and retain employees but also provided communities with a sense of normalcy while maintaining social distancing guidelines.
Prior to COVID-19, the City permitted outdoor dining along Maclay Avenue as an element of the San Fernando Specific Corridor Plan (SP-4), which aimed to transform Truman Street, San Fernando Road, and Maclay Avenue into attractive, livable, and economically vibrant districts.
As a result, the City began issuing Encroachment Permits to restaurants along Maclay Avenue April 7, 2025 CC Special & Regular Mtg Page 476 of 651
A Public Hearing to Consider Adopting an Ordinance Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way
that wished to offer outdoor seating. However, no formal design or development standards were implemented at the time.
The purpose of the proposed outdoor dining ordinance is to allow for this activity on a permanent basis for restaurants, bars, and other eating and drinking establishments while providing an application, review, and fee process to ensure a high quality dining experience that improves the pedestrian experience. Further, local businesses will have the potential to improve their economic viability by allowing outdoor dining and will further act as an economic catalyst for local businesses along the City’s commercial corridors.
The proposed ordinance will:
• Allow outdoor dining on public sidewalk associated with a restaurant, café, specialty food establishment or other eating establishment, bars, taverns, cocktail lounge, craft breweries/distilleries, tap rooms, tasting rooms or wine bars. • Provide design standards for outdoor furniture and layout to not impede pedestrian access. • Activate the streetscape, pedestrian oriented commercial areas, and foster a sense of community.
• Provide a high-quality environment for patrons while assuring an appropriate outdoor design.
The proposed ordinance applies to restaurants, bars, and other eating and drinking establishments that have sufficient public sidewalk space to sustain outdoor dining activity without impeding pedestrian and ADA access. The proposed ordinance provides development and design standards and operating regulations for outdoor dining with approval by the Public Works Engineering Division for dining on the public sidewalk.
An Encroachment Permit is required for use of the public sidewalk and an application consists of:
• Application form
• Site Plan with details of proposed furniture
• Colors and Materials Sheet
• Application fee
• Sewer Capital Facility Fees
Further, the applicant will be required, at its own cost and expense, to procure and maintain in force, policies of commercial general liability insurance (CGL) in an amount not less than $1,000,000 per occurrence and will also add the City of San Fernando as Additionally Insured.
One-time sewer capital fees also apply to outdoor dining areas at a rate of $243 per seat for a full service restaurant, or $162 per seat for a fast food restaurant. These fees are subject to change and are intended to cover sewage treatment costs. Since the City of San Fernando does not have its own wastewater treatment facility, it relies on the City of Los Angeles for wastewater treatment services. The relationship between the amount of the fee and the cost of the portion of the facility attributed to the development as described above is set forth in the Wastewater Rate Study dated June 28, 2004 prepared by the Public Works Director which was based on the April 7, 2025 CC Special & Regular Mtg Page 477 of 651
A Public Hearing to Consider Adopting an Ordinance Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way
September 14, 199 Wastewater Rate Study prepared by Black & Veach Corporation, Consulting Engineers, and which is on file in the office of the City Engineer.
The Public Works Engineering Division will review application materials for consistency with ordinance regulations such as dining location and area, barrier dimensions and style, required parking, and operating hours. In addition, the application will be routed to the Planning Division to determine if parking requirements are applicable. Engineering will inspect the outdoor dining area prior to dining operations commencing.
Outdoor dining will be permitted with an approved Site Plan Review on private property in accordance to proposed zoning code section Article IV Division 13. The same development and operating standards will apply. The Site Plan Review will be processed and approved through the Community Development Planning Division.
Development and Operating Standards.
The proposed ordinance requires dining areas ensure building ingress/egress, and provide a clear pedestrian path, free of all obstructions for pedestrian traffic. Access openings will be placed in a location that will not create confusion for visually impaired pedestrians including their ability to detect barriers or planters.
The proposed ordinance sets hours of operation citywide, 7 days a week with dining in the Downtown Specific Plan Area (SP-5) allowed to operate from 7 AM to 12 AM and for the rest of the City, from 7 AM to 11 PM. Further, smoking, live entertainment, pool tables, and televisions are prohibited in outdoor dining areas.
All restaurants providing outdoor dining shall post a “No Smoking” sign that follows the size and standards set by the Public Works Director. All forms of vaping, smoking and the use of tobacco products in the outdoor dining area shall comply with Chapter 23 (Outdoor Smoking Regulations) of the San Fernando Municipal Code.
Design Examples and Prohibited Materials.
Barriers are not required unless selling alcohol. Design standards require barriers such as fences, gates, and ropes, be visually appealing while clearly separating the dining area from the rest of the sidewalk. Examples include open fencing or railing, planter boxes, and ropes and outdoor dining can also include umbrellas, lighting, and heating. Furniture must be sturdy and of good quality while added planter boxes can further visually improve the look of the outdoor dining area. These same standards are also applied to dining on private property. Outdoor dining examples are included on the next page:
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The ordinance prohibits the use of fabric inserts; wooden pallets as barriers; umbrellas with advertising; and fencing made of chain link, cyclone, and chicken wire.
Parking.
Additional parking is required for outdoor dining on public sidewalks when the dining area is greater than 200 square feet or the outdoor dining area exceeds 25% of the total dining area (interior and exterior). When an outdoor dining area is proposed on a parking area of a restaurant, the required parking for the establishment may be provided off site with an approved Off-Site Parking Plan. This plan would allow for shared parking within 500 feet of the establishment.
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A Public Hearing to Consider Adopting an Ordinance Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way
Environmental Review:
The actions proposed herein are exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301, 15303, 15304, and 15311. Section 15301 exempts from review minor alterations to existing public facilities, Section 15303 exempts from review the new construction of small structures, Section 15304 exempts from review minor alterations to land such as minor temporary uses of land having negligible or no permanent effects on the environment, and Section 15311 exempts from review placement of minor structures accessory to existing commercial facilities. The actions proposed herein would fall under each of these exemptions, as the actions proposed herein are minor alterations to roadways, are temporary, and are accessory to commercial uses. If this program becomes permanent, additional environmental review as appropriate will be considered. There are no features that distinguish this project from others in the exempt classes, and therefore there are no unusual circumstances that would cause these actions to fall outside of the exemptions.
BUDGET IMPACT:
The implementation of this ordinance is expected to generate additional revenue for the City.
Businesses utilizing outdoor dining in the public right-of-way will be required to pay an annual encroachment permit fee of $920, as established through the approved 2024/25 Annual Fee Schedule. This fee covers both the permit renewal and the required inspection by City staff.
Based on records of previously issued Outdoor Services permits, 22 businesses have received permits. Using this figure, the estimated annual revenue for the City would be approximately $20,240.
CONCLUSION:
Staff recommends that the City Council conduct a Public Hearing; pending public testimony, approve introduction for first reading, in title only, and waive further reading of Ordinance No. 1734 titled, “An Ordinance of the City Council of the City of San Fernando, California Amending Chapter 74 (Streets, Sidewalks, and Other Public Places) of the San Fernando Municipal Code to Establish Outdoor Dining on the Public Right of Way”.
ATTACHMENTS:
A. Ordinance No. 1734
B. Outdoor Dining Permit Application
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ATTACHMENT “A”
ORDINANCE NO. 1734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, AMENDING CHAPTER 74 (STREETS, SIDEWALKS, AND
OTHER PUBLIC PLACES) OF THE SAN FERNANDO CITY CODE TO ESTABLISH
REGULATIONS FOR OUTDOOR DINING ON THE PUBLIC RIGHT OF WAY
AND MAKING OTHER RELATED MODIFICATIONS
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of San Fernando (“City Council”) has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of San Fernando (“City”) and its residents; and WHEREAS, the authority to adopt and enforce local ordinances that regulate the public right-of-way is an exercise of the City’s police power to protect the public health, safety, and welfare; and
WHEREAS, in June 15, 2020, the City Council ratified Executive Order 2020-06-03 allowing for temporary dining area permits within public sidewalks in commercial zones throughout the City; and
WHEREAS, in October 8, 2023, the State Legislature passed Assembly Bill 1217, which allows a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area; and
WHEREAS, the City seeks to promote outdoor dining to enhance the vibrancy of commercial areas, support local businesses, and provide additional dining options for the community while maintaining public safety and accessibility standards; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. Municipal Code Amendment Findings. The City Council finds and determines that the amendments to Chapter 74 (Streets Sidewalks and Other Public Places) of the San Fernando Municipal Code are consistent with the General Plan, promote economic development, and serve the public health, safety, and welfare by enabling outdoor dining on the public right-of-way while ensuring adequate pedestrian access and compliance with applicable safety regulations.
SECTION 3. Sections 74-196 though 74-225 of Chapter 74 (Streets Sidewalks and Other Public Places) of the San Fernando Municipal Code are hereby repealed in their entirety and are superseded and replaced with the following new sections:
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2 Sec 74-196. – Use of Sidewalk for Outdoor Dining
(a) This section establishes regulations for dining in the public right-of-way where such dining is accessory to a restaurant, café, specialty food establishment or other eating establishments, bars, taverns, cocktail lounge, craft breweries/distilleries, tap rooms, tasting rooms or wine bars located on private property. It is the policy of the City that such public right-of-way dining should not unduly restrict or impede customary use of the public right-of-way by the general public, nor should right-of-way areas used for outdoor dining be designed in manner that detracts from the image and appearance of the surrounding area.
(b) No person shall place, construct, install, affix or otherwise maintain barriers, tables, chairs or any other furniture, equipment or personal property upon any public street, sidewalk or other portion of the public right-of-way for the purpose of providing outdoor dining services without first obtaining an encroachment permit pursuant to the procedures of this section.
(c) Encroachment permits for outdoor dining shall include the following general terms, conditions and other requirements:
(1) A site plan drawn to scale that delineates the dimensions of the proposed outdoor dining area, furniture arrangement, path of travel, development standards and design standards described below; a colors and materials sheet of the proposed furniture and dimensions, fees, insurances, indemnification of the city from liability (in a form approved by the City Attorney), and any other plans, documents or information as required by the form provided by the Public Works Department.
(2) A building, electrical or mechanical permit may be required depending on the scope of the proposed outdoor dining area.
(3) Prior to occupancy of an outdoor dining area an inspection is required. (4) An annual inspection of an outdooring dining area shall be required to ensure compliance with the limited use regulations for outdoor dining. (5) Violations of the outdoor dining area standards may result in enforcement actions up to and including revocation of said permit and termination of use. (6) A copy of the approved encroachment permits and/or building permit, as applicable for an outdoor dining area shall be kept on premises of the associated establishment at all times.
(7) Each permit issued shall be personal to the permittee and is not transferable, delegable, or assignable. Any attempted transfer, delegation, or assignment of the permit shall be void. In the event of a transfer of the business of the permittee, the transferee shall obtain a new permit prior to the operation of an outdoor dining area.
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3 (8) The permittee shall, at its own cost and expense, procure and maintain in force at all times policies of commercial general liability insurance (CGL) in an amount not less than $1,000,000 per occurrence with the City of San Fernando additional insured; and Worker’s Compensation and Employer’s Liability in statutory amounts.
(d) Encroachment permits for outdoor dining shall include the following baseline development standards:
(1) Dining areas shall maintain building ingress and egress as defined by the Uniform Building Code and emergency access in accordance with California Fire Code. In addition, an unobstructed path of ingress and egress travel with a minimum 4-foot width that leads occupants directly from exit doors to the public right-of-way.
(2) All furniture associated with the outdoor dining areas shall not be permanently affixed to the sidewalk or public area in which it is proposed. (3) Tables and chairs shall be placed only in the locations shown on the approved site plan.
(4) Barriers to delineate the outdoor dining area are recommended, but not required unless alcohol will be served in the outdoor dining area. The barrier must be moveable and designed as specified below.
(5) A clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.
Obstructions include traffic signals or signs, light standards, parking meters, bus stops, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the outdoor dining area, and similar objects. i. The clear path shall be a paved sidewalk that is at least 4 feet wide. ii. The clear path may meander from side to side to avoid obstructions, but shall maintain a continuous, common surface at least 4 feet in width that provides a direct path of travel past the outdoor dining. iii. The clear path shall be measured from the outermost point of the outdoor dining to the curb or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
iv. Recesses in the building façade shall not be used to satisfy the clear path requirement.
v. A minimum emergency service access gap of 4 feet with horizontal and vertical clearance shall be required for every 20 feet of linear street frontage.
(6) Outdoor dining shall be designed and operated so that it may be used by people of all abilities by complying with all of the following:
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4 i. The surface of the outdoor dining area shall be level and have a running slope and a cross slope that do not exceed 2 percent (1 unit in 50 units’ horizontal).
ii. The outdoor dining area shall not be located on a raised platform or in a sunken area.
iii. At least one wheelchair accessible seating space shall be provided for every 20 seats, or as required by the California Building Code, or the American Disabilities Act, whichever is greater.
iv. When multiple wheelchair accessible seating spaces are provided, they shall be distributed and integrated within the outdoor dining area. v. Wheelchair accessible seating spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth. vi. Access to designated wheelchair seating spaces shall be provided through an accessible path with not less than 36 inches unobstructed width. vii. The interior of the outdoor dining area shall consist solely of moveable furnishings, including moveable tables, chairs, and umbrellas. (e) Encroachment permits for outdoor dining shall require parking for the outdoor dining portion of an eating establishment under either of the following circumstances:
(1) The area of the outdoor dining area is greater than 200 square feet; or (2) The area of an outdoor dining area exceeds 25% of the combined total of the gross floor area of the associated eating establishment and the area of the outdoor dining area.
(f) Encroachment permits for outdoor dining shall satisfy the following designrelated requirements and standards:
(1) A colors and materials sheet shall be included in the site plan application to provide the colors, materials of all furniture, barriers, lighting and landscaping that is to be in the outdoor dining area. Exact dimensions and specifications shall be included.
(2) Dining/seating area barriers (fences, gates, ropes, etc.) shall be visually appealing, and help to separate the dining/seating area from the sidewalk. (3) Fabric inserts (natural or synthetic) of any size are not permitted to be used as a part of a barrier.
(4) The use of chain-link, cyclone fencing, chicken wire or similar material is prohibited.
(5) Materials not specifically manufactured for fencing or pedestrian control are prohibited unless they are expressly allowed elsewhere in these guidelines. (6) Materials such as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc. are not permitted and shall not be used as components of a barrier. (7) All furniture and fixtures must be of sufficiently sturdy construction as not to blow over with normal winds.
(8) Furniture and fixtures must not be secured to trees, lampposts, street signs, hydrants, or any other public street infrastructure by any means, whether during restaurant operating hours or when the restaurant is closed.
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5 (9) Outdoor dining furniture shall be made of high-quality, durable materials that provide an attractive design and are appropriate use for outdoor use. Folding chairs, lightweight, plastic, deteriorated, U.V. damages, splintered or similar furniture will not be approved or placed in the outdoor dining area. Sealed or painted metal or wood tables are recommended.
(10) Upholstered chairs are permitted. Upholstery is not permitted to be of any fluorescent or other strikingly bright or vivid colors. (11) All materials shall be well maintained without stains, rust, tears, or discoloration. Materials that show signs of significant wear/age be replaced. (12) Awnings or umbrellas may be used in conjunction with outdoor dining, and umbrellas shall not be used as a permanent roof or shelter over the outdoor dining. Umbrellas should not be used during extreme wind. (13) Umbrellas shall be constructed of a canvas-type, durable, and fade and fireresistant material suitable for outdoor use. No plastic fabrics, plastic or vinyllaminated fabrics, or any type of rigid materials are permitted. Umbrellas must be free of advertisements or product names.
(14) All parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.
(15) Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining 7 feet of clearance from the ground to the lowest edge of the umbrella. The 7 foot minimum height includes not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels or other such ornamentation. No part of an umbrella may exceed a height of 9 feet above the surface of the outdoor dining area to avoid an undue visual obstruction of other businesses.
(16) A barrier may be in the form of open fencing, railing, landscape planters, rope or chain that must be a minimum of 3 feet, but not taller than 4 feet in height. (17) If a barrier is rope or chain, the rope or chain must have a minimum diameter of one inch. Vertical support posts must be constructed of metal or wood. A stanchion base shall not be domed, and shall not be more than one-half (1/2) of an inch above the surface of the floor.
(18) Fabric inserts (natural or synthetic) of any size are not permitted to be used as part of a barrier. The use of chain-link, cyclone fencing, chicken wire or similar material is prohibited. Materials not specifically manufactured for fencing or pedestrian control are prohibited unless they are expressly allowed elsewhere in these guidelines. Materials such as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc. are not permitted and shall not be used as components of a barrier.
(19) No banners or signage shall be displayed on the barrier of an outdoor dining area or within the outdoor dining area other than the name of the establishment that may be placed on umbrellas or on the valance of an awning with on overhang not lower than 84 inches from the finished grade of the ground of the outdoor dining area.
(20) Signage within an outdoor dining area is not permitted except with a valid City permit. The only required sign is a "No Smoking" sign, which must comply with the dimensions and standards set by the Public Works Director. No additional signage is allowed solely due to the presence of an outdoor dining area.
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6 (21) Portable heaters, if provided, shall be located a minimum of 4 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
(22) Planters may be made out of wood, ceramics, stone, metal or high quality thick plastic planter boxes.
(23) Planters shall contain live plant materials in healthy condition, subject to the approval of the Public Works department. Seasonal, thematic planter displays are encouraged. Stressed, dead, or dying landscape must be promptly replaced but not more than 72 hours. Artificial plants; empty planters; or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted.
No thorny plants may be placed in planters.
(24) Planters shall have a self-contained watering reservoir system that prevents any leakage.
(25) Illuminated outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of, any public space or property or use.
(26) Lighting fixtures may be permanently affixed to the front of the associated eating establishment but shall not protrude into the pedestrian path. Lighting shall be mounted so that all wiring is concealed. Rope or string lights are allowed provided they are installed to the requirements of the Building Code and manufacturer’s specifications. Spotlights and illumination for adverting are prohibited.
(g) Encroachment permits for outdoor dining shall include the following operational conditions:
(1) Outdoor dining shall be operated in a manner that meets all requirements of the Health Department of Los Angeles County and any other applicable regulations.
(2) Exclusive of the Downtown District of the SP-5 zone, the hours of operation of outdoor dining areas shall be limited to the hours between 7:00 a.m. and 11:00 p.m., daily.
(3) Within the Downtown District of the SP-5 zone, the hours of operation of outdoor dining areas shall be limited to the hours between 7:00 a.m. and 12:00 a.m., daily.
(4) An outdoor dining area may provide either waiter/waitress service or selfservice. (5) At the end of the business day, establishments shall clean (sweep and mop) the area in and around the outdoor dining area. The outdoor dining area shall be clean and free of litter at all times. Waste receptacles are encouraged. (6) Dining equipment (including, but not limited to, tables, chairs, space heaters, barriers) must be stored in an area not visible from the public right-of-way or from any plaza area outside of business hours.
(7) Live entertainment, television monitors, screens, speakers, dancing, pool tables, billiard tables, adult entertainment uses, and cover charges are prohibited in the outdoor dining area.
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7 (8) Outdoor dining shall comply with the sound level limits of the associated eating establishment in accordance with Article II (Noise) of Chapter 34 (Environment) of the San Fernando Municipal Code.
(9) All forms of vaping, smoking and the use of tobacco products in the outdoor dining area shall comply with Chapter 23 (Outdoor Smoking Regulations) of the San Fernando Municipal Code.
(10) Outdoor cooking is permitted in an outdoor dining area in compliance with Los Angeles County Health Department regulations, the San Fernando Building Code and the City of Los Angeles Fire Code as adopted by reference into the San Fernando Municipal Code.
(11) Establishments that propose to serve alcoholic beverages in the outdoor dining area shall comply with all applicable regulations and restrictions established by the California Department of Alcoholic Beverage Control (“ABC”), all ABC license terms and conditions, all requirements and restrictions of land use entitlement conditions established by the Planning and Preservation Commission and, if applicable, the City Council. Such establishments shall update their approvals from the ABC to include the new outdoor dining area if necessary. The outdoor dining area shall be:
i. Physically defined and clearly part of the establishment it serves as an accessory use to; and
ii. Supervised by a restaurant employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages. (h) Subject to the procedural requirements of this subsection (h), below, the Director of Public Works or their designee may immediately deny a permit application, or revoke or suspend a permit, if the Director of Public Works finds that: (1) the provisions of this chapter have not been satisfied or violated; or (2) any necessary health permits has been suspended, revoked, or canceled; or (3) the operation of the outdoor dining constitutes a public nuisance, pursuant to Article V (Nuisances) of Chapter 1 (General Provisions and Penalties) of the San Fernando Municipal Code; or (4) if the operation of the outdoor dining endangers, jeopardizes or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use; or (5) the primary use ceases to operate at the location. (1) Notice of violation of any standards of operation shall be made verbally or in writing to the permittee by the Director of Public Works or designee, any department or division head or designee, the Police Department or the Los Angeles Fire Department. A verbal notice of violation shall be followed by a written notice to the permittee. A copy of the notice shall be given to the Director of Public Works. The permittee shall immediately cure the violation upon receipt of verbal or written notice. If the violation is not cured immediately, the Director of Public Works or designee may revoke or suspend the permit.
(2) Notice of violation of the outdoor dining development or design standards shall be made in writing to the permittee by the Director of Public Works or designee, any department or division head or designee, the Police Department, April 7, 2025 CC Special & Regular Mtg Page 487 of 651
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8 or the Los Angeles Fire Department. A copy of the notice shall be given to the Director of Public Works. The permittee shall have 10 days to cure the violation.
If the violation is not cured within 10 days after the issuance of the notice to the permittee, the Director may revoke or suspend the permit. (3) The Director of Public Works or designee may immediately deny a permit application, or revoke or suspend a permit, for any single violation of this chapter, and shall immediately revoke the permit of any permittee who has committed three violations of this chapter within a twelve-month period. Any permittee whose permit application has been denied, or whose permit has been revoked or suspended, may request in writing a hearing before the Director of Public Works. The Director of Public Works shall grant the request and hold an informal hearing, where the basis for the denial, revocation or suspension shall be explained to the permittee. The permit applicant or permittee shall have the opportunity at the hearing to present evidence of compliance with the provisions of this code. If, after the hearing, the Director of Public Works lets stand their decision to deny the permit application, or revoke or suspend the permit, the permit applicant or permittee may appeal the decision of the Director of Public Works to the City Manager, or designee, whose action shall be deemed final.
(i) Upon permit expiration or termination (for any reason), the permittee shall promptly and diligently remove, at its own expense, all personal property, furnishings, and equipment from the public right-of-way. All outdoor dining barriers shall be removed and the sidewalk shall be returned to its original condition. Any personal property remaining within the road right-of-way or parking area shall be removed pursuant to the laws of the State of California.
(j) A violation of this chapter is subject to the administrative citation provisions of Article III (Administrative Penalties – Citations) of Chapter 1 (General Provisions and Penalties) of the San Fernando Municipal Code.
Sec. 74-197. Temporary use of sidewalk or roadway.
Except as otherwise prescribed in the case of outdoor dining in the public right-of-way under Section 74.196 of this chapter, above, the city council or administrative officer or the administrative officer’s designee is authorized to grant temporary use of any sidewalk or roadway for any purpose at such locations and under such conditions as it deems appropriate.
Sec. 74-198. Permit terms.
Any permit granted by the city council for any encroachment under any of the sections of this division may be upon such terms and conditions as the council may fix and determine.
The violation of any such terms or conditions shall be grounds for immediate revocation of such permit.
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9 Sec. 74-199. Painting or marking sidewalk.
It shall be unlawful for any person to write, paint, mark, deface, or draw upon any sidewalk or roadway without first having obtained a permit from the city council.
Sec. 74-200. Obstruction of public way declared nuisance.
Anything placed or permitted to remain upon any sidewalk or roadway, in violation of this division, is declared to be a public nuisance. In addition to other remedies provided by law, the city engineer is authorized and empowered to abate the nuisance by removing such obstruction.
SECTION 4. CEQA Compliance. The actions proposed herein are exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301, 15303, 15304, and 15311. Section 15301 exempts from review minor alterations to existing public facilities, Section 15303 exempts from review the new construction of small structures, Section 15304 exempts from review minor alterations to land such as minor temporary uses of land having negligible or no permanent effects on the environment, and Section 15311 exempts from review placement of minor structures accessory to existing commercial facilities. The actions proposed herein would fall under each of these exemptions, as the actions proposed herein are minor alterations to roadways, are temporary, and are accessory to commercial uses.
If this program becomes permanent, additional environmental review as appropriate will be considered. There are no features that distinguish this project from others in the exempt classes, and therefore there are no unusual circumstances that would cause these actions to fall outside of the exemptions.
SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Los Angeles and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the City Clerk.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
April 7, 2025 CC Special & Regular Mtg Page 489 of 651
ORD. NO. 1734
10 SECTION 7. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando this ___ day of ________, ____.
Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:
Julia Fritz, City Clerk
APPROVED AS TO FORM:
Richard A. Padilla, City Attorney
April 7, 2025 CC Special & Regular Mtg Page 490 of 651
ORD. NO. 1734
11 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 1734 which wasintroduced on April 7, 2025, and adopted by the City Council of the City of San Fernando, California at a regular meeting thereof held on the ____ day of ________, ____, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of _________, ____.
Julia Fritz, City Clerk
April 7, 2025 CC Special & Regular Mtg Page 491 of 651
ATTACHMENT “B”
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898 | Form # PWD-069.6 (7/2021) | Page 1 of 6
OUTDOOR DINING
ENCROACHMENT PERMIT APPLICATION
REQUIREMENTS
PURPOSE:
These regulations allow for a business to setup outdoor dining areas in the public right of way in an effort to ensure proper standards and regulations are being followed in all zones that allow commercial uses, including C-1 (limited commercial), C-2 (commercial), SC (service commercial), PD (precise development overlay), and all SP-5 districts except the General Neighborhood District (GN).
COMPLIANCE WITH THE LAW:
Businesses shall comply with all applicable laws, including:
Americans with Disabilities Act City of Los Angeles Fire Department Codes California Alcoholic Beverage Control Regulations San Fernando Municipal Code City of Los Angeles Building & Safety Codes
PERMIT DESCRIPTION:
Applications shall be submitted to the Public Works Department and reviewed by the Public Works Department, Community Development Department, Police Department and Finance Department for compliance with the regulations and standards outlined in this form and in City of San Fernando Municipal Code Sec. 74- 196.
Per Sec. 74-196 of the Municipal Code, the City has the right to deny applications to businesses that are not in good standing, and to suspend outdoor dining use for City use.
An annual inspection of the outdoor dining area shall be required to ensure compliance with the limited use regulation for outdoor dining. An annual inspection fee shall be applied per Appendix 3 of the City’s adopted fee schedule.
SUBMITTAL REQUIREMENTS:
A complete application package includes the following:
1. Completed Application (see page 2). Please Note: there is a permit fee of $920.00.
2. Site and Floor Plans (see page 4).
3. Colors and Materials Sheet
4. Sewer Capital Facility Fees will be $243 per outdoor seat for full service restaurant. $162 per outdoor seat for a fast food restaurant*.
*these fees are subject to change.
5. Certificate of General Liability Insurance; must include the City of San Fernando as Additional Insured.
Questions and/or Completed Application package may be submitted to:
PUBLIC WORKS DEPARTMENT
117 Macneil Street, San Fernando, CA 91340 | (818) 898-1222 | [email protected]
April 7, 2025 CC Special & Regular Mtg Page 492 of 651
OUTDOOR DINING ENCROACHMENT
PERMIT APPLICATION
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-069.6 (7/2021) | Page 2 of 6 Permit Or Copy Must Be On Job Site At All Times
PERMIT NO. DATE ISSUED
APPLICANT INFORMATION
BUSINESS NAME
APPLICANT ADDRESS CITY
PHONE EMAIL
BUSINESS LICENSE NO.
PERMIT OVERVIEW/CONDITIONS OF APPROVAL Please initial each of the following conditions.
April 7, 2025 CC Special & Regular Mtg Page 493 of 651
OUTDOOR DINING ENCROACHMENT
PERMIT APPLICATION
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-069.6 (7/2021) | Page 3 of 6
1. LOCATION:
_______ A. The outdoor service area must be located adjacent to the business, unless by written agreement with another property owner, and must not be located on any of the following:
unpaved areas, on-street parking spaces, public parks, and right-of-way that cannot provide the minimum requirement of 4 -feet clear path of travel. _______ B. An outdoor service area shall not be located or operated in a manner that jeopardizes the safety of pedestrians or vehicles. The City Engineer or Director of Public Works may impose safety measures as necessary to protect the safety of pedestrians, customers, and vehicles in and around the proposed outdoor service area.
_______ C. Use of any private property requires review by the Community Development Department.
2. NOISE:
_______ A. The business owner must undertake appropriate measures to ensure that the level of noise associated with the outdoor service area does not disturb the right to quiet enjoyment of the neighboring properties and businesses.
_______ B. No sound, apart from ambient noise from the utilization of the space, shall be permitted in the outside service area.
_______ C. Amplified music is permitted to the extent it remains in compliance with the City of San Fernando’s Noise Ordinance (SFMC Sec. 34-26 through 71).
3. MAINTENANCE:
_______ A. The permittee and the property owner shall maintain the outdoor service area clear of litter, food scraps, service waste, packaging, soiled dishes, grease, and gum. At the close of business daily, the permittee and property owner shall remove all trash and clean the area in and around the outdoor service area.
_______ B. The permittee and the property owner shall store and maintain all outdoor furniture inside whenever the outdoor service area is closed.
_______ C. The City may temporarily suspend any permit to conduct any necessary repairs or maintenance on public facilities.
4. PARKING:
_______ A. Use of a private parking lot to provide service will require approval from the Community Development Department to ensure adequate parking is provided to customers. Businesses must be able to demonstrate the ability to provide a minimum of 50% of their required parking spaces per City Standards.
_______ B. Existing disabled (ADA) access parking stalls and path of travel shall not be impacted by outdoor service.
PERMIT OVERVIEW/CONDITIONS OF APPROVAL (CONTINUED) Please initial each of the following conditions.
6. SIGNAGE:
_______ A. This permit does not confer any new rights for signage.
7. ALCOHOL CONSUMPTION
April 7, 2025 CC Special & Regular Mtg Page 494 of 651
OUTDOOR DINING ENCROACHMENT
PERMIT APPLICATION
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-069.6 (7/2021) | Page 4 of 6 _______ A. Alcoholic beverage consumption in the outdoor dining area requires approval from the California Department of Alcoholic Beverage Control.
8. RETAIL
_______ A. Retail uses are currently allowed indoor operations and do not qualify for this permit.
9. NON- TRANSFERABLE
_______ A. This permit is non- transferable.
10. VIOLATION
_______ A. Any violation of the above conditions will result in the revocation of the outdoor service permit.
APPLICATION IS HEREBY MADE FOR THE FOLLOWING ENCROACHMENT PERMIT ☐ RESTURANT/
DINING
WILL ALCHOL BE
SERVED?
☐ YES ☐ NO
ABC PERMIT NO.
________
☐ BARBER/
HAIR SALON
☐ GYM/ FITNESS ☐ PERSONAL
CARE
TYPE OF SERVICE:
☐ PLACE OF
WORSHIP
☐ OTHER
PLEASE
DESCRIBE:
DESCRIPTION OF PROPOSED ENCROACHMENT AREA
LOCATION(S)
NO. OF DAYS FROM TO NO. OF TABLES NO. OF CHAIRS
MONDAY
HOURS
TUESDAY
HOURS
WEDNESDAY
HOURS
THURSDAY
HOURS
FRIDAY HOURS SATURDAY
HOURS
SUNDAY
HOURS
INSURANCE COMPANY (LIABILITY) Must include City of San
Fernando as Additional Insured
POLICY NO.
INSURANCE COMPANY (WORKMAN’S COMP) POLICY NO.
April 7, 2025 CC Special & Regular Mtg Page 495 of 651
OUTDOOR DINING ENCROACHMENT
PERMIT APPLICATION
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-069.6 (7/2021) | Page 5 of 6
IN CONSIDERATION FOR ISSUANCE OF THIS PERMIT, APPLICANT AGREES TO HOLD THE CITY HARMLESS
FROM ANY CLAIMS OR JUDGEMENTS FOR DAMAGED OR OTHER RELIEF AGAINST THE CITY AS A RESULT OF
ACTS OR OMISSIONS OF THE APPLICATION IN THE PERFORMANCE OF WORK RELATED TO THE ABOVE
REFERENCED PERMITS WHETHER THE CONDITIONS GIVING RISE TO CLAIMS OR JUDGEMENT WAS CREATED IN WHOLE OR IN PART BY THE APPLICANT.
SPECIAL PROVISIONS
OWNER IS RESPONSIBLE FOR RENEWAL OF PERMITS. FAILURE TO DO SO MAY RESULT IN CITATION.
APPLICANT SIGNATURE DATE
FOR OFFICE USE ONLY
REVIEWED BY
☐ PUBLIC WORKS ☐ PLANNING ☐
BUILDING AND SAFETY
FINAL
CLEARANCE
DATE
PUBLIC WORKS ENGINEER DATE
SITE PLAN Draw a sketch of the area on which the proposed encroachment area will be located. Show the extent of the proposed outdoor dining area including the seating arraignment, width of right-of-way, width of the clear path of travel, length of furniture (i.e., tables, chairs, stanchions), a colors and material sheet of the proposed furniture, etc.
NO. OF TABLES NO. OF CHAIRS OTHER EQUIPMENT & QUANTITIES
APPROXIMATE SQUARE FOOTAGE OF OUTDOOR
SERVICE AREA
April 7, 2025 CC Special & Regular Mtg Page 496 of 651
OUTDOOR DINING ENCROACHMENT
PERMIT APPLICATION
Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-069.6 (7/2021) | Page 6 of 6 CERIFICATION I hereby certify that the above diagram is true and correct.
APPLICANT SIGNATURE DATE
April 7, 2025 CC Special & Regular Mtg Page 497 of 651
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Intentionally
Left Blank
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April 7, 2025 CC Special & Regular Mtg Page 500 of 651
AGENDA REPORT
RECREATION AND COMMUNITY SERVICES DEPARTMENT 208 PARK AVENUE, SAN FERNANDO, CA 91340 (818) 898-1290 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
Date: April 7, 2025
Subject: Discussion and Consideration to Declare Sanctuary City Status RECOMMENDATION:
It is recommended that the City Council:
a. Discuss and consider declaring Sanctuary City status for the City of San Fernando; and b. Provide staff direction, as appropriate.
BACKGROUND:
1. Since January 1, 2000, the City Council has adopted a number of resolutions in support of the City’s immigrant population and taking a stance on various federal immigration policies.
Copies of these resolutions are publicly available upon request from the City Clerk’s Office:
a. October 3, 2000, the City Council adopted Resolution No. 6750, urging Federal immigration reform in the national interest.
b. On July 21, 2003, the City Council adopted Resolution No. 6924 supporting the immigrant workers freedom ride “On the Road to Citizenship”.
c. On May 1, 2006, the City Council adopted Resolution No. 7111 opposing the Clear Act and the Sensenbrenner-King Immigration Restriction Bill (H.R. 4437) being considered in Congress and urging the United States Senate to reject it. d. On May 17, 2010, the City Council adopted Resolution No. 7378 opposing Arizona Immigration Law Senate Bill (“SB”) 1070 and request the Federal Government for comprehensive immigration reform.
e. On July 2, 2018, the City Council adopted Resolution No. 7871 condemning the Trump Administration’s immigration policies; calling on all members of congress on both sides of the aisle to repudiate the Trump Administration’s incompetent callous and cruel approach to immigration; and demanding that congress act immediately to enact fair and humane comprehensive immigration reform.
f. On July 1, 2024, the City Council adopted Resolution No. 8320 affirming support for immigration reform.
April 7, 2025 CC Special & Regular Mtg Page 501 of 651
Discussion and Consideration to Declare Sanctuary City Status