Chapter 11.5.20 — DEVELOPMENT PERMITS

• A. Minor Use Permits. The planning commission may issue minor use permits for certain uses identified in Parts II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of surrounding properties.

• B. Conditional Use Permits. The planning commission may issue conditional use permits for certain uses identified in Parts II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity.

• C. Variances. The planning commission may issue variances to adjust dimensional and performance standards, subject to the following:

  1. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated; and

  2. A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone district regulations governing the parcel of property.

• (Ord. 1598)

The following tables set forth use types that are permitted by right, permitted by right with specified limitations, or require administrative or conditional use permit approvals:

• Table 11.2.05.010: Use Regulations—Residential Districts;

• Table 11.2.10.010: Use Regulations—Commercial and Mixed-Use Districts;

• Table 11.2.15.010: Use Regulations—Light Manufacturing and Oil Extraction Districts;

• Table 11.2.20.010: Use Regulations—Public and Semi-Public Facilities Districts; and

• Table 11.2.25.015: Use Regulations—Open Space and Parks Districts.

In addition, Table 11.5.20.010: Review Authority lists the types of land use entitlements that require either a minor use permit or a conditional use permit. The planning commission shall consider variance applications.

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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Chapter 11.2.05 - Residential Districts
Private School Table 11.2.05.010, Note X
L-1
Exterior stairway - flood zone Table 11.2.05.015, Note X
areas L-2
Surfside - non-habitable Section X
architectural features 11.2.05.015.A.6.b
Surfside - zero side yard Section X
11.2.05.015.A.7.c
Surfside - nonconforming Section X
building expansion 11.2.05.015.A.7.g
Maximum height of Section 11.2.05.015.H X
downslope skirt walls
Greater porch width Section 11.2.05.015.K.3 X
Exception to allowable curb Section 11.2.05.015.L X
cuts and driveways - RLD-9
District
Garage for more than 3 Section 11.2.05.015.N.1 X
vehicles
Detached garage on front ½ Section 11.2.05.015.N.1 X
of lot
Exception to maximum Section 11.2.05.015.N.2 X
garage width
Exception to allowable Section 11.2.05.015.N.7 X
parking locations - multi-unit
residential
2-story cabana or Section 11.2.05.015.S.2 X
manufactured home in mobile
home park
Chapter 11.2.10 - Commercial and Mixed-Use Districts
Business Services uses on Table 11.2.10.010, Note X
Main Street - ground floor L2
Laboratory uses on Main Table 11.2.10.010, Note X
Street - ground floor L2
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Offices, Business and Table 11.2.10.010, Note X
Professional uses on Main L2
Street - ground floor
Offices, Medical and Dental Table 11.2.10.010, Note X
uses on Main Street - ground L2
floor
Personal Improvement Table 11.2.10.010, Note X
Services uses on Main Street - L2
ground floor
Coffee House/Dessert Shop - Table 11.2.10.010, Note X
more than 1,000 square feet L6
and 10 seats or more - MSSP
Public open space location Section 11.2.10.015.E.1 X
exceptions
Parking location exceptions - Section 11.2.10.015.F.2 X
LC/RMD, PO, and MSSP
zones
Exceptions to locations of Section 11.2.10.015.H X
truck docks, loading, and
service areas
Buildings oriented with Section X
primary façade and entrance 11.2.10.015.I.1.a
not to a public street
Pedestrian access to buildings Section 11.2.10.015.N X
Chapter 11.2.20 - Public and Semi-Public Facilities Districts
Public parking facilities - not Table 11.2.20.010; Note X
in conjunction with a public L-1
or semi-public facility
Public parking facilities - not Table 11.2.20.010; Note X
in conjunction with a golf L-2
course facility
Chapter 11.2.25 - Open Space, Parks and Recreation Districts
Agricultural Nurseries Table 11.2.25.015; Note X
L-1
Chapter 11.3.05 - Residential Conservation Overlay Zone
Bed and breakfast facility Section 11.3.05.010.B X
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Parking on separate parcel Section X
11.3.05.015.B.16.c
Roof-mounted mechanical Section 11.3.05.025 X
equipment
Chapter 11.3.15 - Commercial/Park Overlay Zone
Project development plan Section 11.3.15.005 X
approval
Chapter 11.4.05 - Standards for Specific Uses
Incidental Business Activity Section 11.4.05.010.D.4 X X
Alcohol Beverage Section 11.4.05.015.A X
Establishment
Alcohol Beverage Section 11.4.05.015.E X
Establishment -
nonconforming use
Assisted Living Facilities Section 11.4.05.025.B X
Automated Teller Machines Section 11.4.05.030.A X
Automobile Service Station Section 11.4.05.035.A X
Tow Service Section X
11.4.05.035.B.23
Sale of beer and wine Section X
11.4.05.035.B.24
Automobile/Vehicle Sales
and Services
Tow Services Section 11.4.05.040.E X
Child Day Care Facilities
Large Family Day Care Section 11.4.05.045.A X
Homes and Child Day Care
Centers
Large Family Day Care Section 11.4.05.045.B.2 X
Homes and Child Day Care
Centers - Exterior Structural
Alteration to existing
facility
Drive-In and Drive-Through Section 11.4.05.050.A X
Facilities
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Extended Hour Business Section 11.4.05.055.A X
Home Occupations Section 11.4.05.060.D X
Kiosks Section 11.4.05.065.A X
Liquor Stores Section 11.4.05.070.A X
Meeting Facilities, Private Section 11.4.05.080.A X
Schools and Similar
Institutional Uses
News and Flower Stands Section 11.4.05.085.A X
Outdoor Displays and Sales - Section 11.4.05.090.A X
Temporary
Outdoor Displays and Sales - Section 11.4.05.090.B X
Accessory
Outdoor Displays and Sales - Section 11.4.05.090.C.1 X
Permanent
Outdoor Dining Area - no Section 11.4.05.090.D X
more than 12 seats
Outdoor Dining Area - more Section 11.4.05.090.D.1 X
than 12 seats
Outdoor Dining or Seating Section 11.4.05.090.D.6 X X
Area - Sound and Music
Outdoor Dining Area - Section X
Outdoor Cooking 11.4.05.090.D.10
Recycling Collection Point Section 11.4.05.095.B X
Recycling Processing Facility Section 11.4.05.095.C X
Residential Accessory Uses - Section 11.4.05.100.D.4 X
detached accessory structures
between 225 and 350 square
feet in total area
Residential Accessory Uses - Section 11.4.05.100.H X
Garage larger than 600 square
feet
Residential Accessory Uses - Section 11.4.05.100.I.1 X
more than 1 guest room or
pool house
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Residential Accessory Uses - Section 11.4.05.100.I.3 X
2nd Story guest room or pool
house
Residential Accessory Uses - Section 11.4.05.100.K.2 X
Minor accessory structure
greater than 6 feet high in
required setback
Residential Accessory Uses - Section 11.4.05.100.L.1 X
Tennis and other recreation
courts
Residential Care Facility - Section 11.4.05.105.E X
delivery hours between 8 p.m.
and 8 a.m.
Restaurant - Alcohol Sales Section 11.4.05.120.A X
Senior Citizen Apartments - Section 11.4.05.125.A X
Independent Living Facilities
Accessory Nonresidential Section 11.4.05.125.H X
Facilities
Temporary Structures, Section 11.4.05.130.A.1 X
Trailers, and Modular Units
Vacation Rentals Section 11.4.05.135.A.1 X
Chapter 11.4.10 - General Site Standards
Mechanical Equipment Section 11.4.10.015.B X
Screening - Exceptions
Height of Light Standards Section 11.4.10.020.A.6 X
Recreational court lighting Section X
modifications 11.4.10.020.A.7.i
Modifications to lighting Section X
standards 11.4.10.020.A.8.d
Increase in Allowable Section X
Outdoor Noise Levels for 11.4.10.020.B.2.a
Residential Areas
Swimming Pool Setbacks in Section 11.4.10.030.B X
Nonresidential Zone
Public and Semi-Public Section 11.4.10.030.E X
Swimming Pool
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Minor Addition - Section 11.4.10.040.C X
Improvements required in
conjunction with street
dedication
Deviation - Improvements Section 11.4.10.040.D X
required in conjunction with
street dedication
Chapter 11.4.15 - Fences, Hedges and Walls
Modification to fence height Section 11.4.15.010.C X
standards
Retaining wall between 30 Section 11.4.15.015.A.2 X
and 48 inches in height
Retaining wall greater than 48 Section 11.4.15.015.A.3 X
inches in height
Retaining wall greater than 30 Section 11.4.15.015.B.2 X
inches in height - RLD-9
District, Ocean Avenue area
Walkway and driveway Section 11.4.15.025.B X
architectural features
Sport facility and golf course Section 11.4.15.025.D X
fencing
Security fences Section 11.4.15.030.A X
Modification to restrictions on Section 11.4.15.035 X
fence materials
Chapter 11.4.20 - Off-Street Parking and Loading
Garage Parking Reduction - 6 Table 11.4.20.015.A.1 X
bedroom home or larger
Parking Reductions - Shared Section 11.4.20.020.A X
Parking Program
Parking Reductions - Other Section 11.4.20.020.B X
Parking Reduction
Off-site parking within 300 Section 11.4.20.025.B.2 X
feet
Modification to direction of Section 11.4.20.025.H.1 X
vehicle ingress/egress
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Exception to location of Section 11.4.20.035.C.3 X
loading areas
Parking Structure Section 11.4.20.040.A X
Conversion of Parking Section 11.4.20.040.C X
Structure to Fee Structure
Chapter 11.4.25 - Sign Regulations
Marquee signs above roof line Section X
11.4.25.025.D.5.b
Marquee signs with changing Section X
lights 11.4.25.025.D.5.c
Flags larger than 12 square Section X
feet 11.4.25.025.D.9.b
Main Street - outlining of Section X
buildings 11.4.25.025.D.10.j
Main Street - up to 3 tenant Section X
spaces 11.4.25.025.D.10.k.i
Main Street - 4 or more tenant Section X
spaces - Planned Sign 11.4.25.025.D.10.k.ii
Program
Subdivision identification Section 11.4.25.030.A.1 X
sign
Approved commercial use Section 11.4.25.030.A.3 X X
sign in residential area
Planned Sign Program Section 11.4.25.045.E.1 X
Exception to size, dimensions, Section 11.4.25.045.F X
height and number of signs
Designation of historic sign Section 11.4.25.070.B.1 X
Chapter 11.4.30 - Landscaping and Buffer Yards
Exceptions to Buffer Yards Section 11.4.30.040.B.4 X
Chapter 11.4.40 - Nonconforming Uses, Structures, and Lots
Specified structural repairs - Section 11.4.40.010.D X
all structures
Residential structures - Section 11.4.40.015.B X
specified minor
improvements
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Single-family residences - Section 11.4.40.020.A X
specified enlargements and
expansions
Commercial centers over 20 Section 11.4.40.030.B.2 X
acres - less than 7%
landscaping
Replacement with a more Section 11.4.40.035.A X
conforming use
Nonconforming use Section 11.4.40.035.B X
expansion in a conforming
structure
Nonconforming use Section 11.4.40.035.C X
expansion in a nonconforming
structure
Expansion within structure Section 11.4.40.035.D X
that does not conform to
California Building Code
Conform a nonconforming Section 11.4.40.040 X
use upon ordinance
requirement
Reestablishment of Section 11.4.40.045.B X
abandoned nonconforming
use
Residential reconstruction Section 11.4.40.050.B.2 X
after damage - more than 50%
subject to specified standards
Nonresidential reconstruction Section 11.4.40.050.C X
after damage - more than 50%
subject to specified standards
Exceptions for Section 11.4.40.055.A X
nonconforming historic
buildings
Chapter 11.4.60 - Hazardous Waste Facilities
Off-site hazardous waste Section 11.4.60.020 X
facility
Chapter 11.4.65 - Tattoo Establishments
Tattoo establishment Section 11.4.65.005 X
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Table 11.5.20.010
REVIEW AUTHORITY
Use Permit Required
Land Use Entitlement or Requirement Is in Minor Use Conditional Use
Activity Section: Permit Permit
Chapter 11.4.70 - Wireless Telecommunications Facilities
Wireless Telecommunications Section 11.4.70.030.B X
Facilities - New ground
mounted tower or monopole -
All other property
Chapter 11.4.75 - Common Interest Developments
Common Interest Section 11.4.75.005 X
Development
Chapter 11.4.80 - Condominium Conversions
Condominium Conversion Section 11.4.80.010 X
Condominium Conversion - Section X
Reconstruction after damage 11.4.80.030.A.4.f
Chapter 11.5.25 - Director Determinations; Section 11.5.25.015 - Temporary Uses;
Section 11.5.25.020 - Minor Modifications
Temporary Uses - Potential Section 11.5.25.015.A X
Detrimental Impacts
Minor Modifications from Section 11.5.25.020.A.1 X
Dimensional Requirements -
Not Exceeding 5% of
Standard
Modifications to Approved Section 11.5.25.020.A.2 X
Plans - Not Exceeding 5% of
Specified Approved Plan
component
Chapter 11.5.30 - Reasonable Accommodations
Reasonable Accommodations Section 11.5.30.020 X
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(Ord. 1598)

• A. Application Forms and Fees. Applicants for minor use permits, conditional use permits, and variances shall file an application with the director in accordance with the application procedures in Section 11.5.10.010: Application Forms and Fees.

• B. Notice. The city shall provide notice for minor use permits, conditional use permits, and variances in accordance with Section 11.5.10.025: Public Notification.

• C. Decisions on Minor Use Permits. The planning commission shall conduct a hearing for any

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application for a minor use permit. After the hearing is closed, the commission shall adopt a resolution approving, conditionally approving or denying the application.

• D. Decisions on Conditional Use Permits and Variances. The planning commission shall conduct a public hearing for any application for a conditional use permit or variance. After the hearing is closed, the commission shall adopt a resolution approving, conditionally approving or denying the application.

• (Ord. 1598)

• A. Findings for Approval of Use Permit. A use permit shall only be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts:

  1. The proposal is consistent with the general plan and with any other applicable plan adopted by the city council;

  2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the municipal code;

  3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints;

  4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and

  5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use.

• B. Findings for Approval of Variance. A variance shall only be granted if the planning commission finds, based upon evidence presented at the hearing:

  1. The variance conforms in all significant respects with the general plan and with any ordinances adopted by the city council;

  2. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

  3. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated;

  4. Authorization of the variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the city.

(Ord. 1598)

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• A. Conditions. In approving a use permit or variance, the reviewing body may impose any reasonable conditions to:

  1. Ensure that the proposal conforms in all significant respects with the Seal Beach General Plan and with any other applicable plans or policies adopted by the city council;

  2. Achieve the general purposes of this zoning code or the specific purpose of the zoning district in which the project is located;

  3. Achieve the findings required by this chapter;

  4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act; and

  5. Ensure compliance with all requirements of the National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. Discharges shall also comply with Chapter 9.20: Storm Water Management Program, Chapter 9.25: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.35: Water, and Chapter 9.50: Grading of the Municipal Code.

• B. Types of Conditions. The reviewing body may impose reasonable conditions including but not limited to:

  1. Requiring special yards, open spaces, buffers, fences, walls;

  2. Locating and orienting entrances and roll-up doors, and screening;

  3. Specifying building design elements;

  4. Requiring installation and maintenance of landscape and erosion control measures;

  5. Regulating vehicular ingress and egress and traffic circulation;

  6. Requiring street improvements and dedication of right-of-way for street widening or street extensions;

  7. Regulating signs;

  8. Regulating parking;

  9. Preserving trees;

  10. Regulating lighting;

  11. Regulating hours or other characteristics of operation;

  12. Establishing development schedules or time limits for performance or completion;

  13. Requiring public utilities and easements;

  14. Requiring periodic review by the director or the planning commission;

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15. Requiring final plans to ensure compliance with conditions of approval; and

16. Imposing other conditions deemed necessary.

• (Ord. 1598)

• A. Appeals.

  1. Any person may appeal the director's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the planning commission shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review.

  2. Any person may appeal the planning commission's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the city council shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review.

• B. Expiration, Extension, and Modifications. The regulations concerning expiration, extension, and modifications are found in Chapter 11.5.10: General Procedures.

• (Ord. 1598)

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