Long Beach Conditional Use Permit (CUP) Guide
In the City of Long Beach, a Conditional Use Permit (CUP) is a discretionary grant that allows for specific land uses deemed compatible with a neighborhood only if they meet specialized development standards and undergo a public hearing. Applications must be submitted to the City of Long Beach Department of Development Services, and a public hearing before the Planning Commission must be scheduled within 60 days of a completed application being received.
Understanding the Conditional Use Permit (CUP)
The City of Long Beach defines a "Conditional Use" as any use of land that requires special standards and discretionary review to ensure it conforms with the Long Beach Municipal Code because of its unique characteristics [Section 21.15.620]. The Conditional Use Permit is the official discretionary document granted by an authorized hearing body to establish that specific use [Section 21.15.630].
The primary purpose of the CUP process is to allow the City of Long Beach to individually review certain land uses to determine if they are compatible with surrounding properties. Through this review, the City may impose specific development conditions to mitigate potential impacts on the community [Section 21.25.201].
The CUP Application Process
To initiate a CUP in the City of Long Beach, the owner of the subject real property or their authorized agent must submit an application [Section 21.21.201].
Step 1: Submission
The applicant must file a complete application with the City of Long Beach Department of Development Services. This includes:
- Standard application forms provided by the Department.
- A filing fee as established by the City Council.
- All additional information and technical studies required by the Director of Development Services [Section 21.21.201].
Step 2: Public Notification
Once the application is deemed complete, the City must provide public notice for the hearing. Notification must occur no less than 14 days and no more than 45 days before the scheduled hearing date [Section 21.21.302.A]. Notice is sent to:
- The project applicant.
- All owners and occupants of the subject property.
- All owners of real property within 300 feet of the site (or up to 1,000 feet for industrial/City projects).
- All tenants of real property within 300 feet (or 1,000 feet for industrial/City projects) [Section 21.21.302.B].
Step 3: Public Hearing and Decision
The Zoning Administrator must set the matter for a public hearing within 60 days of receiving a completed application [Section 21.25.207]. The following table outlines the discretionary review responsibilities for a CUP in the City of Long Beach:
| Type of Procedure | Responsible Hearing Body | Notice Required |
|---|---|---|
| Conditional Use Permit (CUP): Initial Hearing | Planning Commission (PC) | Yes |
| Conditional Use Permit (CUP): Appeal | City Council (CC) | Yes |
[Table 21-1]
Criteria for Approval
Before the City of Long Beach can approve or deny a CUP, the responsible hearing body must analyze the following findings:
- General Plan Consistency: The use must be consistent with the City of Long Beach General Plan and any applicable specific plans or local coastal programs.
- Community Welfare: The proposed use must not be detrimental to the health, safety, or general welfare of the surrounding community, nor to its environmental quality.
- Special Conditions: The use must comply with all special conditions for specific uses listed in Chapter 21.52 of the Long Beach Municipal Code.
- Green Building Standards: The project must be consistent with the City’s green building standards as listed in Section 21.45.400 [Section 21.25.206].
Waivers
The City of Long Beach may waive certain conditions required by Chapter 21.52 if it is found that the waiver does not conflict with the other required findings for protection of public health, safety, and welfare [Section 21.25.209].
Exceptions for Minor Expansions
In certain cases, a full CUP may not be required for the expansion of an existing conditional use. If the expansion is 25 percent or less of the existing use and involves 5,000 square feet or less of building area, the application may be processed as an Administrative Use Permit (AUP) by the Zoning Administrator [Section 21.25.205.B].
Appeals and Expiration
Any decision regarding a CUP can be appealed by an aggrieved person. The appeal must be filed in writing with the Department of Development Services within 10 days of the original decision [Section 21.21.502].
A CUP will terminate if the authorized use has not commenced within two years of the permit being granted. However, a one-year extension may be requested from the Zoning Administrator upon a finding that substantial circumstances have occurred to prevent the commencement of the use [Section 21.21.406].
Sections Cited
- Section 21.15.620 - Conditional use.
- Section 21.15.630 - Conditional use permit.
- Section 21.21.201 - Application.
- Section 21.21.302 - Noticing requirements for hearings.
- Section 21.21.406 - Expiration.
- Section 21.21.502 - Time to file appeal.
- Table 21-1 - Discretionary Review Responsibilities.
- Section 21.25.201 - Purpose.
- Section 21.25.205 - Jurisdiction.
- Section 21.25.206 - Required findings.
- Section 21.25.207 - Timely action.
- Section 21.25.209 - Waiver of required conditions.