Long Beach Municipal Code Div. VIII Special Setbacks

Special setback lines may be established by ordinance as provided and regulated by this Title. These special setback lines supersede the setback requirements of the particular zoning district in which they are located. The purposes of establishing special setback lines are, among other things, to adjust zoning district requirements to conform to local conditions and existing neighborhood standards and to protect and preserve land for future right-of-way purposes.

(Ord. C-6533 § 1 (part), 1988)

Whenever a special setback line is established in accord with these regulations, the setback area shall be considered a required yard area. The special setback line and setback area shall take the place of the otherwise applicable yard requirements for the zone district, except that when the regular setback of the district is greater than a special setback, the regular setback shall supersede the special setback and be controlling.

(Ord. C-6533 § 1 (part), 1988)

A. Procedure. Notwithstanding any other provision of this Title 21, the procedure to establish or change a special setback line may be initiated in one (1) of the following three (3) ways:

1. City Council. The City Council may initiate the procedure by requesting a recommendation and a report on the matter from the Planning Commission.

2. Planning Commission. The Planning Commission may initiate the procedure.

3. Petition. Property owners of at least fifty percent (50%) of the street frontage affected may initiate the procedure by filing a petition with the Department of Planning and Building.

B. Limitations. The minimum frontage that shall be considered in any action to establish or change a special setback line shall be one (1) block face.

(Ord. C-6533 § 1 (part), 1988)

The procedures established in this Title for rezoning shall apply to establishing or changing a setback line.

(Ord. C-6533 § 1 (part), 1988)

A. Planning Commission. After completing its investigation and holding the required public hearing, the Planning Commission shall file a recommendation and a report with the City Council. The Commission may recommend:

1. Approval in whole or in part;

2. Denial in whole or in part; or

3. Establishment of an alternate special setback line.

However, the Commission may not make recommendations on any property not included in the original action or petition.

B. City Council. Within sixty days of receiving the Planning Commission's recommendation, the City Council shall act on the recommendation. The Council shall establish or change a special setback line by ordinance.

C. Notation. Notation shall be made on the official zoning map in applicable areas that a special setback line has been established or changed.

(Ord. C-6533 § 1 (part), 1988)

Structures permitted in, over or under established special setback areas shall be the same as those allowed in the required yard area of the applicable zoning district. However, subterranean parking garages shall not be allowed under special setback areas, unless approved by the City Engineer.

(ORD-19-0028 § 6, 2019; Ord. C-6533 § 1 (part), 1988)

Once a special setback line is established by ordinance, a variance to permit a structure to project into the special setback area may be granted in accordance with and subject to the findings of fact required for a variance as set forth in Division III of this Chapter. However, no variance shall be granted if the encroachment is within a setback established for the protection and preservation of rights-of-way.

(Ord. C-6533 § 1 (part), 1988)

A replacement fence within the special setback area shall not be considered a nonconformity and shall be permitted provided such fence is located in a side or rear yard and provided the fence height does not exceed six feet (6'), six inches (6").

(Ord. C-6533 § 1 (part), 1988)