Long Beach Standards Variance Findings and Requirements
To grant a standards variance in Long Beach, the city must find that a property's unique physical or topographical conditions cause undue hardship (not just financial loss). The variance must not increase density or intensify land use. For right-of-way relief, findings must show the requirement lacks public necessity or has a proportionally excessive cost compared to the project scale.
A standards variance in Long Beach provides property owners relief from specific development standards within the Zoning Regulations. This relief is granted only under specific circumstances where the physical nature of the property makes strict compliance impractical or creates an undue hardship [§ 21.15.2890].
General Criteria for a Standards Variance
To qualify for a standards variance, the application must demonstrate that the request meets the following criteria and definitions:
- Physical or Topographical Conditions: The need for relief must arise from the particular physical or topographical condition of the property [§ 21.15.2890].
- Undue Hardship: Compliance with existing development standards must result in an "undue hardship" on the owner. This is legally distinguished from a "mere inconvenience" or a simple "desire to make more money" [§ 21.15.2890].
- No Intensification of Use: A standards variance cannot be used as a mechanism to intensify the use of a property or to increase the density on a lot [§ 21.15.2890].
- Conformance with Spirit of Title: If a request is escalated from a "minor modification" to a standards variance because the Zoning Administrator deems it not minor in nature, it must still be pursued under the procedures of Chapter 21.25 [§ 21.10.047].
Specific Findings for Public Right-of-Way Relief
When a standards variance is requested to seek relief from the requirements of Chapter 21.47 (Dedication, Reservation, and Improvement of Public Rights-of-Way), the decision-maker must make at least one of the following findings:
- Lack of Public Purpose: The required dedication or improvement is not necessary for a public purpose generated at least in part by the development project.
- Proportionality of Cost: The cost of the required dedication or improvement is proportionally excessive when compared to the scale of the project or the demand generated by the project [§ 21.47.040].
For these specific cases, the Director of Public Works must file a request and recommendation with the Zoning Administrator prior to the public hearing [§ 21.47.040].
Findings Required for Modifications
Certain developments, such as Planned Unit Developments (PUDs) or specific sign types, require a standards variance if they do not conform to established codes:
- PUD Alterations: Any alteration, modification, or expansion within a PUD that does not conform to the development standards set forth in the residential district chapter or the specific PUD approval requires a standards variance [§ 21.31.325.B.3].
- Signage Exceptions: Exceptions to standards for Electronic Message Center Signs (EMCS) or changeable copy signs for unauthorized users (those other than churches, schools, etc.) require a standards variance application [§ 21.44.800, § 21.44.230].
Findings on Appeal
If a decision regarding a standards variance is appealed, the appellate body's decision must address and be based upon the same conclusionary findings required for the original decision [§ 21.21.505].