Long Beach Municipal Code Div. II Conditional Use Permits

A. Purpose. The City recognizes that certain types of land use, due to the nature of the use, require individual review. Such review shall determine whether the type of use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development conditions, can be made compatible with surrounding uses. This Division establishes procedures for this review.

(Ord. C-6533 § 1 (part), 1988)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for a conditional use permit shall be limited to affected property owners or their agents. Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-6533 § 1 (part), 1988)

A. Planning Commission. The Planning Commission shall consider all applications for conditional use permits, except as set forth in Subsection 21.25.205.B., below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council.

B. Exceptions. Applications for the minor expansion of an existing conditional use shall be considered by the Zoning Administrator in accordance with the procedures for an administrative use permit as set forth in Division IV of this Chapter. Such minor expansion is limited to twenty-five percent (25%) of the existing use and five thousand (5,000) square feet of building area. Any expansion exceeding this limit shall be considered a new conditional use and shall be subject to the fees and procedures established for a new conditional use. This exception does not apply to the sale of alcoholic beverages (on-premises or off-premises).

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A. The approval is consistent with and carries out the General Plan, any applicable specific plans such as the local coastal program and all zoning regulations of the applicable district;

B. The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life;

C. The approval is in compliance with the special conditions for specific conditional uses, as listed in Chapter 21.52; and

D. The related development approval, if applicable, is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

(ORD-09-0013, § 1, 2009; Ord. C-7032 § 8, 1992: Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall set the matter for public hearing within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with other required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-6533 § 1 (part), 1988)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility. This provision shall apply to all facilities for which a conditional use permit has been issued since May 4, 1979. All uses previously approved shall come into compliance with this requirement within sixty (60) days of being notified of the need to comply.

(Ord. C-6595 § 24, 1989)

All projects for which a conditional use permit is approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-6933 § 42, 1991)