Seal Beach Municipal Code Ch. 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:

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.

Table 11.5.20.010 REVIEW AUTHORITY

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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 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.

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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.

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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;

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)