Standards Variance Application Process in the City of Long Beach
A property owner or authorized agent in the City of Long Beach may apply for a standards variance to obtain relief from specific development regulations when the physical conditions of a site create an unnecessary hardship. The process requires a formal application, a public hearing conducted by the City of Long Beach Zoning Administrator, and specific legal findings regarding the uniqueness of the property and the absence of adverse community impacts [Section 21.25.301, 21.25.305].
Understanding the Standards Variance
In the City of Long Beach, a "Standards Variance" is defined as a permit granting a property owner relief from certain development standards of the Long Beach Municipal Code [Section 21.15.2890]. This relief is only granted when a particular physical or topographical condition of the property would result in "undue hardship" to the owner if the code were strictly applied.
It is important to note that a variance in the City of Long Beach cannot be used to:
- Intensify the use of a property [Section 21.15.2890].
- Increase the allowable residential density on a lot [Section 21.15.2890].
- Permit a use that is not otherwise allowed in the specific zoning district [Section 21.25.303].
Initiation and Application
The process is initiated by the owner of the real property or their authorized agent [Section 21.21.201]. The applicant must submit a complete application to the City of Long Beach Department of Development Services, which includes required forms, a filing fee, and any additional information the Director of Development Services deems necessary to evaluate the suitability of the request [Section 21.21.201.D].
Minor Modifications
If a project is located outside of the Coastal Zone and involves "practical difficulties" rather than a full hardship, the City of Long Beach Zoning Administrator may grant a "minor modification" [Section 21.10.047]. If the Zoning Administrator determines the request is not minor in nature, the applicant must instead pursue the full Standards Variance Permit process [Section 21.10.047].
Public Hearing and Noticing
All variance applications require a public hearing. The City of Long Beach Zoning Administrator must set the matter for a public hearing within 60 days of receiving a completed application [Section 21.25.309].
Noticing Requirements
The City of Long Beach must provide public notice for the hearing no less than 14 days and no more than 45 days before the scheduled date [Section 21.21.302].
| Type of Notice | Requirement |
|---|---|
| Mailed Notice | Sent to the applicant, local agencies, and all owners and occupants of the subject property [Section 21.21.302.B]. |
| Residential Radius | Notice mailed to all owners and tenants within 300 feet of the property [Section 21.21.302.B.4]. |
| Industrial/City Projects | Notice mailed to all owners and tenants within 1,000 feet of the property [Section 21.21.302.B.4]. |
| Site Posting | A sign at least 30" by 40" must be posted on each street face of the property [Section 21.21.302.B.5]. |
| Web Posting | All notices must be posted to the City of Long Beach website [Section 21.21.302.B.4]. |
Required Findings for Approval
The City of Long Beach Zoning Administrator cannot approve a variance unless specific facts are analyzed and adopted into the record. The applicant must demonstrate the following:
- Physical Uniqueness: The site or its improvements are physically unique when compared to other sites in the same City of Long Beach zoning district [Section 21.25.306.A].
- Hardship: The unique situation creates a hardship that deprives the applicant of substantial rights enjoyed by other properties in the same zone. This cannot be based on a desire to make more money or a mere inconvenience [Section 21.25.306.B, 21.15.2890].
- No Adverse Effect: The variance will not cause substantial adverse effects upon the surrounding community [Section 21.25.306.C].
- Coastal Zone Compliance: If the property is in the City of Long Beach Coastal Zone, the variance must carry out the local coastal program and not interfere with access to or the psychological aspects of the coast [Section 21.25.306.D].
Jurisdiction and Appeals
The primary authority for variances lies with the Zoning Administrator, though the application may be referred to the Planning Commission for consideration [Section 21.25.305].
| Review Level | Responsible Body |
|---|---|
| Initial Hearing | Zoning Administrator (or Planning Commission if referred) [Table 21-1] |
| Appellate Body | Planning Commission (or City Council if referred) [Table 21-1] |
Filing an Appeal
Any aggrieved person may appeal a decision made by the City of Long Beach. The appeal must be filed in writing with the Department of Planning and Building within 10 days of the date of the decision [Section 21.21.502].
Expiration of Variance
A variance granted by the City of Long Beach typically terminates three years after the date of approval if the project has not commenced [Section 21.21.406.A]. A one-year extension may be granted by the Zoning Administrator if a request is filed before the permit expires [Section 21.21.406.B].
Sections Cited
- Section 21.10.047 - Granting of minor modification
- Section 21.15.2890 - Standards variance
- Section 21.21.201 - Application
- Section 21.21.302 - Noticing requirements for hearings
- Section 21.21.406 - Expiration
- Section 21.21.501 - Authorization and jurisdiction (Appeals)
- Section 21.21.502 - Time to file appeal
- Section 21.25.301 - Purpose (Standards Variance)
- Section 21.25.303 - Applicability (Standards Variance)
- Section 21.25.305 - Jurisdiction (Standards Variance)
- Section 21.25.306 - Required findings (Standards Variance)
- Section 21.25.309 - Timely action (Standards Variance)
- Table 21-1 - Discretionary Review Responsibilities