City of Seal Beach, CA: Conditions of Approval.

11.5.20.005 Minor Use Permits, Conditional Use Permits and Variances.

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.

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.

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

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

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)

11.5.20.010 Review Authority.

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.

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

(Ord. 1598)

11.5.20.015 Review Procedure.

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.

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.

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.

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)

11.5.20.020 Required Findings.

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:

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

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;

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;

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

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.

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

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

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;

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;

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)

11.5.20.025 Conditions of Approval.

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

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;

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

Achieve the findings required by this chapter;

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

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.

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

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

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

Specifying building design elements;

Requiring installation and maintenance of landscape and erosion control measures;

Regulating vehicular ingress and egress and traffic circulation;

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

Regulating signs;

Regulating parking;

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)

11.5.20.030 Appeals—Expiration and Extensions.

Appeals.

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.

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.

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

(Ord. 1598)