Standards Variance Process in Long Beach, CA

In Long Beach, a "Standards Variance" is the formal procedure used to grant a property owner relief from the development standards of the Zoning Regulations. This process is specifically intended for cases where the physical or topographical condition of a property creates an undue hardship for the owner [§ 21.15.2890].

Definition and Scope

A Standards Variance is defined as relief from development standards when compliance would result in undue hardship, as distinguished from a mere inconvenience or a desire for increased financial gain. A variance cannot be used to intensify the use of a lot or increase its density [§ 21.15.2890].

Common Applications

The Standards Variance procedure is required in several specific scenarios:

• General Zoning Relief: When physical site conditions prevent compliance with standard zoning rules [§ 21.15.2890].
• Public Right-of-Way: To seek relief from requirements for the dedication, reservation, or improvement of public rights-of-way [§ 21.47.040].
• Planned Unit Developments (PUDs): For any alterations, modifications, or expansions within a PUD that do not conform to the original PUD development standards [§ 21.31.325.B.3].
• Electronic Signs: To obtain an exception to the standards governing electronic message center signs [§ 21.44.800].
• Non-Minor Modifications: When the Zoning Administrator determines that a request for a "minor modification" is not actually minor in nature, the applicant must pursue a Standards Variance Permit [§ 21.10.047].

Public Notification Requirements

All Standards Variance applications require a public hearing. Notice for these hearings must be provided between 14 and 45 days prior to the scheduled date [§ 21.21.302.A].

Mailing and Radius

The City must mail or deliver notices to the project applicant, the property owner, and all tenant households on the subject property. Additionally, notice must be sent to all owners and tenants of real property within a specific radius of the subject site:

• Residential or Commercial Projects: 300-foot radius [§ 21.21.302.B.4.a].
• Industrial, Institutional, or City Projects: 1,000-foot radius [§ 21.21.302.B.4.a].
• Coastal Zone: Notice must also be sent to the California Coastal Commission and all residents within 100 feet of the site [§ 21.21.302.B.6].

The notification radius may be extended if the project is near a residential zone, requests shared parking, or involves a use with a specific buffer requirement [§ 21.21.302.B.4.a].

Physical Posting and Story Poles

• On-Site Signs: The applicant must post a sign (at least 30" by 40") on each street face of the property at least 14 days before the hearing [§ 21.21.302.B.5.a].
• Story Poles: Applicants for building height variances are required to erect story poles. These poles must accurately represent the full extent of the proposed structure, including eaves and decks, and must be in place at least 14 days prior to the first public hearing through the end of the appeal period [§ 21.21.302.B.5.b].

Required Findings for Approval

To grant a Standards Variance, the City must generally find that the physical or topographical condition of the property necessitates relief to avoid undue hardship [§ 21.15.2890].

For variances specifically related to public right-of-way improvements, the only required finding is that the dedication or improvement is not necessary for a public purpose generated by the development, or that the cost is proportionally excessive compared to the scale of the project [§ 21.47.040].

Modification of Approved Variances

An approved variance may be modified if the change furthers the purposes of the Zoning Regulations.

• Minor Changes: If the Zoning Administrator finds the modification will not significantly alter the original action, notice is only given to those determined to be "aggrieved" at the original hearing [§ 21.21.405].
• Significant Alterations: If the modification involves relocating the project or changing the project size by more than 10%, it is considered a significant alteration and requires the full initial hearing notice procedure [§ 21.21.405].