Hardship Requirements for Standards Variances in Long Beach
To qualify for a standards variance in the City of Long Beach, an applicant must demonstrate an "undue hardship" caused by physically unique or topographical site conditions that prevent the property from being used in the same manner as others in the same zone. This hardship must be distinguished from a mere inconvenience or a desire for financial gain, and a variance cannot be granted if it serves to increase the density or intensify the use of a lot [Section 21.15.2890, Section 21.25.303].
Defining Hardship in the City of Long Beach
Under the Long Beach Municipal Code, a "Standards Variance" is a mechanism intended to grant property owners relief from specific development standards when the physical or topographical condition of the property would otherwise cause an "undue hardship" [Section 21.15.2890].
The Long Beach Municipal Code establishes a strict threshold for what constitutes a legitimate hardship. The hardship must be rooted in the physical realities of the land itself rather than the personal circumstances or financial goals of the property owner.
Key Criteria for Hardship
The following table outlines the technical criteria the City of Long Beach uses to evaluate a claim of hardship for a standards variance:
| Criteria Category | Requirement for Approval |
|---|---|
| Physical Condition | The site or its improvements must be physically unique when compared to other sites in the same zoning district [Section 21.25.306.A]. |
| Deprivation of Rights | The unique situation must deprive the applicant of a "substantial right" to use the property in the same way other properties in the same zone are used [Section 21.25.306.B]. |
| Avoidance of Special Privilege | The variance must not constitute a grant of special privilege that is inconsistent with limitations on similarly zoned properties [Section 21.25.306.B]. |
| Use and Density | The variance cannot be used to intensify the permitted use or increase the residential density beyond what is allowed for the lot size [Section 21.15.2890, Section 21.25.303.B]. |
Required Findings for Approval
Before the City of Long Beach can approve a variance, the hearing body must analyze and adopt specific findings of fact. The primary focus of these findings is to prove that the hardship is involuntary and results from external constraints.
Physical Uniqueness
The applicant must prove that the property has unique physical characteristics—such as unusual shape, size, topography, or location—that do not apply to other properties in the vicinity. If the property is identical in character to neighboring lots that are complying with the Long Beach Municipal Code, a hardship based on physical uniqueness cannot be found [Section 21.25.306.A].
Deprivation of Substantial Use Rights
A valid hardship exists only if the strict application of the Long Beach Municipal Code would "deprive the applicant of a substantial right to use of the property as other properties in the same zone are used" [Section 21.25.306.B]. The goal of the variance is to create parity between a unique lot and its more standard neighbors, not to give the unique lot an advantage.
Coastal Zone Considerations
If the property is located within the Coastal Zone of the City of Long Beach, the variance must also carry out the local coastal program. The hardship must be evaluated to ensure the resulting development does not interfere with the physical, visual, or psychological aspects of public access to the coast [Section 21.25.306.D].
What Does Not Constitute Hardship
The Long Beach Municipal Code expressly excludes certain motivations and situations from being classified as a hardship.
- Financial Gain: A desire to make more money from the property or to maximize profit is explicitly not a hardship [Section 21.15.2890].
- Mere Inconvenience: If the zoning standards simply make a project more difficult or less convenient to execute, it does not meet the legal definition of an undue hardship [Section 21.15.2890].
- Self-Created Situations: While not explicitly detailed as "self-created" in the definitions, the requirement for the site to be "physically unique" implies that the hardship must be an inherent property trait, not a result of previous owner actions that violated the Long Beach Municipal Code.
Sections Cited
- Section 21.15.2890 - Standards variance
- Section 21.25.301 - Purpose (Standards Variance)
- Section 21.25.303 - Applicability (Standards Variance)
- Section 21.25.306 - Required findings (Standards Variance)