Cerritos — Variances and Exceptions

Last reviewed: July 3, 2026

Overview

This page explains how the City of Cerritos treats variances and limited exceptions under the local development code (Title 22 / procedural Chapter 23). It summarizes who may apply, the approval criteria and process, what a variance may and may not do, and where narrowly‑tailored “exceptions” appear in other chapters (for example, wireless facilities). All legal requirements below are pulled from the Cerritos development code and cited to the controlling code sections.

What the code says (headline rules)

• Purpose: a variance exists to avoid an inequitable result where strict application of the development code would deprive a property of privileges enjoyed by similarly zoned properties (the variance’s purpose). § 23.20.010.
• Eligibility: a variance may be requested from requirements imposed by Title 22 or area development plans, but a variance may not be used to authorize a land use that the zone does not allow. § 23.20.110.
• Approval criteria: the approving authority must find all three criteria in § 23.20.210 (special circumstances, no material detriment, and consistency with the general plan and the zone). § 23.20.210.
• Conditions, expiration, revocation and extensions: conditions to protect the public interest may be attached; variances expire if not exercised (typically one year if not otherwise stated); the planning commission may recommend revocation and approvals may be extended per §§ 23.20.310, 23.20.710–750.
• Procedure and findings: applications are filed with the director of community development, reviewed for eligibility, placed for a planning commission public hearing with mailed notice, and (if recommended) forwarded to the city council for final action — written findings supporting the criteria are required in the approving resolution. §§ 23.20.410–23.20.610.

Note: The code also uses the term “zone exception” when referring to older/parallel approvals; prior exceptions are subject to the same rules and revocation/extension provisions. § 23.20.730.

District-by-district (how variances/exceptions are used across actual Cerritos zones)

Below are the districts where the ordinance explicitly spells out uses or overlay standards in the retrieved materials and how variances/exceptions typically interact with them. Where the municipal code text in the uploaded materials did not include full zone tables (for example, numeric setbacks for single-family RS), I note that the detail was Not found in retrieved materials and to Verify with the jurisdiction.

When this page mentions related topics (development standards, parking, design review, overlays, ADUs, signage, and the state code), follow the inline links to the city topic pages for more context: Cerritos Development Standards, Cerritos Parking, Cerritos Design Review, Cerritos Overlay Districts, Cerritos ADUs, Cerritos Signage, and California Building Standards Code.

MC-2 (Industrial/Commercial — MC-2)

• Purpose: the MC-2 zone accommodates a mix of industrial/commercial uses with a broad set of permitted and conditional uses intended for manufacturing, warehousing and compatible retail/service uses. § 22.33.700 et seq..
• Typical permitted/conditional uses: warehouses, self-storage, manufacturing, clinics, hotels, retail (listed under conditional uses in § 22.33.430). § 22.33.430.
• Key dimensional/site standards (decision-relevant): minimum parcel width/area, coverage limits and building height caps are set in the same chapter and may be modified at precise plan/conditional-use review; the planning commission may allow modest deviations when consistent with the development plan. (See §§ 22.33.600–22.33.700).
• How variances work here: a variance can waive numerical site standards (setbacks, coverage, height where authorized) but cannot authorize a use that § 22.33.430 does not permit; findings required by § 23.20.210 must be met and conditions may be imposed.

ADP-5.1 — Cerritos Auto Square Overlay (ADP-5.1)

• Purpose and where it applies: the ADP-5.1 overlay covers the Cerritos Auto Square area along Studebaker Road and modifies underlying zone standards to support auto-retail campus development. § 22.61.010–.020.
• Typical permitted uses and process: uses under the overlay are allowed only with conditional uses and precise plans; accessory uses and site design rules are set out in § 22.61.070–.110. § 22.61.070–.110.
• Key standards: minimum parcel area (2.5 acres for primary uses), building coverage caps (generally 50% but may be higher for existing buildings up to 65%) and special height/setback rules (distinct east/west of Studebaker Road). § 22.61.110(1)–(4).
• Variance/exception notes: the overlay allows the planning commission to authorize minor variations to ensure desirable development; however a variance cannot be used to circumvent the overlay’s use approvals — a variance may only relax numeric standards when the code’s variance findings are satisfied. § 22.61.110; see the variance criteria § 23.20.210.

Commercial zones — Neighborhood, Community, Regional (CN, CC, CR)

• Purpose / typical uses: these zones structure commercial activity at different scales: CN (neighborhood), CC (community), CR (regional). Drive-through and other special uses are explicitly regulated (drive-through service restaurants are allowed as conditional uses in CN/CC/CR under Chapter 22.40). § 22.40.960.
• Key standards: examples in the code include minimum parcel sizes, minimum setbacks from residential zones (e.g., 150–225 ft for certain drive-throughs), noise limits and landscaping/screening rules; these are codified in Chapter 22.40 and in the parking and development standards chapters. § 22.40.950–960.
• Variance/exception notes: variances may be sought to modify numeric development standards (setbacks, lot coverage, parking off‑sets) but cannot be used to permit a use that the zone does not authorize. Applicants should check Cerritos Parking and Cerritos Development Standards as the variance commonly interacts with those standards. § 23.20.110.

Industrial / Manufacturing (M, MC, MC-1) and Other Nonresidential Zones

• Purpose / uses: the M, MC, and MC-1/MC-2 families regulate manufacturing, warehousing, and mixed industrial/commercial uses; specific permitted/conditional use lists and site standards are in their respective chapters (see 22.29, 22.33).
• Variance/exception notes: for industrial zones, variances commonly target setbacks, lot coverage, screening, or performance standards (noise, emissions). Some provisions for nonconforming operations include administrative flexibility—e.g., the director may waive/modify abatement for minor nonconformities when undue hardship exists (see Chapter 23.50).

Residential zones (RS, RM) — (references in code)

• The code uses residential district symbols (for example RS, RM appear in zone‑lists and cross‑references in multiple chapters, particularly in wireless/telecom siting guidance), but detailed single‑family numeric tables for every residential district are not included in the retrieved excerpts. Where the code references residential zones (e.g., disfavored locations for non‑building‑mounted wireless facilities), you will see RS/RM used explicitly. See Chapter 22.42 (telecom siting lists) for examples. Not found in retrieved materials: full numeric residential setback/floor‑area tables — Verify with the jurisdiction or the full Title 22 tables.

Where “exceptions” appear in the code (examples)

• Telecommunications: the wireless chapter contains an explicit exception pathway: the city may grant an exception from standards if denial would prohibit or effectively prohibit service, subject to a high burden of proof and review by planning commission and city council. § 22.42.305 (must show clear and convincing evidence, least intrusive means, and that no feasible alternative exists).
• Nonconforming/illegal uses: the nonconforming chapter distinguishes lawful nonconformities from illegal uses and provides limited exceptions/allowances for continuation or phased abatement; it also authorizes administrative discretion for minor nonconformities. See Chapters 23.50 and 23.50.100–300.
• Area development plans / overlays (e.g., ADP-5.1) sometimes explicitly allow “minor variations” at precise plan time; those are separate from a variance and subject to overlay procedures. § 22.61.110.

Key standards and decision checklist (table)

Checklist

• Verify the subject property’s exact zoning and any overlays (e.g., ADP‑5.1, OS, MC‑2) — see Cerritos Overlay Districts. Verify parcel‑specific constraints (Verify with the jurisdiction).
• Confirm the relief sought is a numeric modification (setback, height, coverage, parking) and not a request to permit a new land use that the zone forbids (§ 23.20.110).
• Prepare application materials: plans, descriptions of existing regs, scope/degree of requested alteration, and statement how request meets § 23.20.210 findings (special circumstances, no detriment, consistency). § 23.20.420.
• Anticipate conditions of approval (screening, landscaping, reduced hours, traffic mitigation, etc.) — coordinate with Cerritos Development Standards and Cerritos Parking.
• Budget for public notice / hearing timeline and possible appeal to city council; plan for a one‑year exercise window unless the approval states otherwise (§§ 23.20.510, 23.20.610, 23.20.710).

Risks & Ambiguities

Plain-English Summary

A variance in Cerritos lets you ask the city to relax a numeric zoning rule (like a setback or coverage) when unique conditions on your lot make strict enforcement unfair — but it cannot be used to allow a use the zone does not permit, and you must prove three findings in writing before the planning commission and city council. §§ 23.20.110, 23.20.210.

Source References

• Cerritos Municipal Code, Chapter 23.20 (Variances): § 23.20.010, § 23.20.110, § 23.20.210, § 23.20.310, §§ 23.20.410–23.20.750.
• Cerritos Municipal Code, Chapter 22.42 (Telecommunications): § 22.42.305 Exception from standards (wireless exception rules).
• Cerritos Municipal Code, Chapter 22.61 (ADP‑5.1 Cerritos Auto Square overlay) including § 22.61.070–.110 (uses, site standards, minor variations).
• Cerritos Municipal Code, Chapter 22.33 (MC‑2 zone permitted/conditional uses and standards).
• Cerritos Municipal Code, Chapter 23.50 (Nonconforming uses / illegal use distinctions).

Retrieved passages

• Cerritos Zoning Code (§ 6) High relevance show source text
• Cerritos Zoning Code (Section 23.20.210.) High relevance show source text
• Cerritos Zoning Code (Title 22) High relevance show source text
• Cerritos Zoning Code (Section 1.08.020.) Medium relevance show source text
• Cerritos Zoning Code (Section 20.30.034) Medium relevance show source text
• Cerritos Zoning Code (§ 1) Medium relevance show source text
• Cerritos Zoning Code (Title 22) Medium relevance show source text
• Cerritos Zoning Code (§ 2) Medium relevance show source text
• Cerritos Zoning Code (chapter and) High relevance show source text
• CBC § 1 (§ 1) Medium relevance show source text
• Cerritos Zoning Code (Section 22.42.305) Medium relevance show source text
• Cerritos Zoning Code (section may) Medium relevance show source text
• Cerritos Zoning Code (Section 22.42.305) Medium relevance show source text
• Cerritos Zoning Code (section are) Medium relevance show source text
• Cerritos Zoning Code (§ 5) Medium relevance show source text
• Cerritos Zoning Code (Chapter 22.61) Medium relevance show source text
• Cerritos Zoning Code (chapter shall) Medium relevance show source text
• Cerritos Zoning Code (§ 1) Medium relevance show source text
• Cerritos Zoning Code (Section 22.20.100.) Medium relevance show source text
• Cerritos Zoning Code (§ 1) Medium relevance show source text

Cited sections

• Cerritos Municipal Code, Chapter 23.20 (Variances): **§ 23.20.010**, **§ 23.20.110**, **§ 23.20.210**, **§ 23.20.310**, **§§ 23.20.410–23.20.750**. (Chapter 23.20)
• Cerritos Municipal Code, Chapter 22.42 (Telecommunications): **§ 22.42.305 Exception from standards** (wireless exception rules). (Chapter 22.42)
• Cerritos Municipal Code, Chapter 22.61 (ADP‑5.1 Cerritos Auto Square overlay) including **§ 22.61.070–.110** (uses, site standards, minor variations). (Chapter 22.61)
• Cerritos Municipal Code, Chapter 22.33 (MC‑2 zone permitted/conditional uses and standards). (Chapter 22.33)
• Cerritos Municipal Code, Chapter 23.50 (Nonconforming uses / illegal use distinctions). (Chapter 23.50)
• Cerritos_ZoningCode.md