Long Beach, CA Standards Variance Process

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].

Criteria and Limitations

A Standards Variance is subject to specific legal criteria to ensure it is not used for general land-use changes or financial gain.

• Undue Hardship: Relief is only granted when compliance with regulations would result in "undue hardship" due to the property's physical or topographical conditions. This is strictly distinguished from a "mere inconvenience" or a "desire to make more money" [§ 21.15.2890].
• Prohibited Uses: A Standards Variance cannot be used to intensify the use of a lot or to increase the density beyond what is allowed by the zoning district [§ 21.15.2890].
• Minor Modifications: For practical difficulties outside of the Coastal Zone, the Zoning Administrator may grant "minor modifications" if the request is in conformity with the spirit of the Title. If the Zoning Administrator determines a request is not minor, the applicant must pursue a full Standards Variance Permit [§ 21.10.047].

Public Noticing and Hearing Procedures

The variance process requires formal public notification and a hearing. Notice must be provided between 14 and 45 days prior to the scheduled hearing [§ 21.21.302.A].

Notification Methods

• Mailing: Notice is mailed to the property owner, the applicant, and local agencies. For residential or commercial projects, notice is sent to all owners and tenants within 300 feet of the subject property. For industrial, institutional, or City projects, the radius increases to 1,000 feet [§ 21.21.302.B].
• Posting: A sign measuring at least 30 inches by 40 inches must be posted on each street face of the subject property at least 14 days before the hearing [§ 21.21.302.B.5].
• Coastal Zone: For matters in the Coastal Zone, notice must also be mailed to the California Coastal Commission and all residents within 100 feet of the site [§ 21.21.302.B.6].

Special Requirements for Height Variances

Applicants seeking a variance for building height must erect "story poles" at least 14 days prior to the first public hearing. These poles must accurately represent the full extent of the proposed structure, including eaves and decks, and must remain in place through the end of the appeal period [§ 21.21.302.B.5.b].

Specific Application Scenarios

The Standards Variance procedure is required for exceptions in several specific development contexts:

• Public Rights-of-Way: Relief from dedication, reservation, or improvement requirements for public rights-of-way may be granted if the Director of Public Works finds the improvement is not necessary for a public purpose or the cost is proportionally excessive compared to the project scale [§ 21.47.040].
• Planned Unit Developments (PUDs): Any alteration or expansion within a PUD that does not conform to established development standards requires a Standards Variance application [§ 21.31.325.B.3].
• Electronic Message Center Signs (EMCS): Any exception to the standards governing electronic message center signs requires a Standards Variance [§ 21.44.800].

Modification of Approved Variances

An approved variance may be modified if the modification furthers the purposes of the Zoning Regulations. The hearing body that granted the original approval must act on the modification request within 60 days of receipt [§ 21.21.405].

If the modification is "significant"—defined as relocating the project or changing the project size by more than 10%—a new notice of hearing must be issued to the public as if it were an initial hearing [§ 21.21.405].