SEAL BEACH : Court OKs Issuance of Building Permits

An Orange County Superior Court judge has clarified an order that stopped the city from issuing residential building permits, saying that the ban applied only to permits requiring approval from the City Council or Planning Commission.

The city was ordered on March 6 not to issue any more permits for residential construction until a state-required housing plan, which assesses future housing needs in the city, had been updated. City officials interpreted that order to mean that no residential building permits, even for remodeling, could be issued.

But the judge’s clarification allows the city to issue permits for remodeling, room additions, replacement of existing structures and the construction of any single-family home as long as the project doesn’t require a variance or conditional use permit, City Manager Robert Nelson said.

Conditional use permits and variances, which must be approved when projects need an exception to city zoning codes, must be issued by the City Council or Planning Commission.

On Monday, the city began issuing permits under the judge’s modified order after three weeks of denying all requests for residential construction permits. By mid-afternoon, 28 permits had been issued.

“I’ve been standing at the counter most of the day,” said account clerk Judy LaBriola, who normally issues five to 10 permits a day. “I’ve seen a lot of delighted people today. They’re very happy that we’re finally issuing these permits.”

Though Commissioner Ronald L. Bauer’s ruling on Friday cleared up most questions, the city will be requesting further clarification from the court because of special circumstances faced by homeowners of the so-called “hill area” in central Seal Beach.

“Any application on the hill requires a variance because the garages on almost all of those houses are of insufficient size,” Nelson said. People who wish to put an addition on a home with an undersize parking area need to obtain discretionary permits from the city, which are still not being issued, Nelson said.