Local zoning · Manhattan Beach

Manhattan Beach — Variances and Exceptions

Q: When can the Community Development Director approve an exception instead of a variance?

The Director may approve a minor exception for limited changes — commonly to allow alterations/additions to preexisting nonconforming structures, or to allow ADUs in some legal preexisting structures — when the Director finds the project is compatible, causes no significant detrimental neighbor impacts, there is practical difficulty justifying deviation, existing nonconformities will be brought closer to compliance where reasonable, and the project is consistent with the General Plan and zoning title (§ 10.84.120) .

Variances and Exceptions under the Manhattan Beach local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page explains how Manhattan Beach handles variances and exceptions under its local zoning regulations (the zoning provisions collected in the City's municipal code). It covers who decides, what findings the City requires, how minor exceptions differ from Planning Commission variances, and special rules that apply in specific districts and overlays. All statements below are grounded in the Manhattan Beach Municipal Code; check the cited §'s and verify parcel-specific details with the Community Development Department.

How the city treats Variances vs. Exceptions (quick orientation)

A variance is a Planning Commission-level discretionary approval used to relieve strict application of quantitative development standards (yards, height, distances between structures, lot area, open space, parking, etc.) when property-specific hardships exist; the Planning Commission makes the findings required by the code (§ 10.84.020; § 10.84.060) .
A minor exception (administrative exception) is reviewed by the Community Development Director to allow limited deviations — commonly used to permit alterations to pre‑existing nonconforming structures, certain ADU situations, and small departures from dimensional standards without a full public hearing (§ 10.84.020; § 10.84.120) .
Both variance and minor-exception approvals can carry conditions, lapse if not exercised, and are appealable under the City's appeal rules (§ 10.84.070; § 10.84.090) .

(Links you may need in the process: see Manhattan Beach Development Standards, parking, design review, overlay districts, and ADUs.)

Core procedural rules (what the code requires)

Decision authority: The Community Development Director decides minor exceptions and precise development plans; the Planning Commission decides use permits, variances, and site development permits (§ 10.84.020) .
Application contents: Variances and use-permit/variance applications must include a completed form, fee, deeds/power of attorney where applicable, plans, a vicinity map, a map and mailing list of owners within 500 feet, and other exhibits the Director prescribes (§ 10.84.030) .
Notice and hearing: Planning Commission variances require a public hearing with mailed notice to owners within 500 feet, posted and published notice per Government Code timing (§ 10.84.040) .
Findings: To approve a variance the Commission must find: (1) special circumstances of the property create undue hardship; (2) the relief won’t substantially harm public good or neighbors; (3) approval is consistent with the zoning title and not a special privilege; (and an OS-district-specific finding where applicable) (§ 10.84.060 (findings for variances)) .
Minor-exception findings (Director): the Director must find compatibility with surrounding properties, no significant detrimental impacts (privacy, light, circulation), practical difficulty justifying deviation, that existing nonconformities will be brought closer to compliance where reasonable, and consistency with the General Plan and zoning title (§ 10.84.120 (Director findings for minor exceptions)) .
Conditions, lapse, revocation, transfer: The City may impose reasonable conditions to carry out the purposes of the zoning title (§ 10.84.070). Approvals lapse after two years unless a building permit/expenditure/certificate of occupancy/renewal intervenes; discontinuance for 12 consecutive months may cause lapse; approvals are transferable subject to Director action; approvals may be revoked for violations (§ 10.84.090) .

Table — Quick comparison (decision-relevant)

Approval type	Typical scope	Decisionmaker	Required core findings	Appeal / Lapse	Code Reference
Variance	Yard, height, lot dimension, spacing, parking departures that create or increase a nonconformity	Planning Commission	Undue hardship from property circumstances; no substantial detriment; consistent with zoning purposes (and OS-specific test where applicable)	Public hearing; 500′ notice; lapses 2 yrs unless acted on (§ 10.84.040; § 10.84.090)	§ 10.84.020; § 10.84.040; § 10.84.060
Minor exception	Small deviations for nonconforming structures, some ADU situations, limited site adjustments	Community Development Director	Compatible with neighbors; no significant detrimental impact; practical difficulty; bring nonconformities closer to compliance; consistent with General Plan	Notice to neighbors (no public hearing required); Director decision appealable; lapses 2 yrs (§ 10.84.120; § 10.84.090)	§ 10.84.020; § 10.84.120; § 10.84.090

District-by-district notes (how Variances/Exceptions are used in major Manhattan Beach zones)

The Manhattan Beach code is organized by zones and area districts; the excerpts below emphasize how variances/exceptions commonly interact with each district. Verify parcel-specific standards with the applicable district table in the Municipal Code.

R districts (single‑family/residential: R-1, RS)

Purpose / typical uses: single-family and lower‑density residential uses; the code treats R districts as eligible for administrative rebuild exception rules when destroyed or damaged (see below) (§ 10.68.050) .
How variances/exceptions apply: residential structures nonconforming as to yards, height, distances between structures, buildable floor area, open space or lot area per unit may in many cases be restored to the same floor area after damage; enlargements that increase nonconformity require a variance or minor exception as appropriate (§ 10.68.050; § 10.68.030(E)) .
Key references: measurement-of-height exceptions and Director authority for minor exceptions are relevant for R parcels (§ 10.60.050; § 10.84.120) .

RM / RH (multifamily residential: RM, RH)

Purpose / uses: multifamily housing — the code contains specific buildable floor‑area formulas, open‑space requirements, and special exceptions tied to lot area and area districts (Area Districts I–IV) (§ 10.60.110; § 10.60.050) .
How variances/exceptions apply: variances are used for relief from setbacks, FAF (floor area factor) limits and building separation where strict application causes undue hardship; minor exceptions are used to remodel smaller preexisting legal nonconforming buildings and to allow ADUs within legal preexisting structures that do not meet ADU development standards (§ 10.84.060; § 10.84.120) .

CL / CD (commercial core: CL, CD)

Purpose / uses: local commercial and downtown commercial uses (retail, services, mixed-use). The code expressly allows certain conforming residential uses in CD/CL to be rebuilt under nonconforming exceptions (§ 10.68.050) .
How relief is handled: variances (Planning Commission) handle larger departures (e.g., parking, building separation), while the Director can handle limited exceptions (e.g., signage exceptions) when the findings are met (§ 10.84.020; sign-exception rules) .

IP (Industrial/Professional IP)

Purpose / standards: the IP district has a stand‑alone development table — minimum lot area and width, standard setbacks, a high maximum height, and landscaping and screening requirements that are enforced and may be adjusted through the zoning process (§ IP district development table in the code) .
How exceptions apply: screening, refuse and yard requirements may be the subject of exceptions or conditions of approval; the Director may waive certain screening requirements in IP under limited circumstances (§ 10.60.100; IP table notes) .

OS (Open Space OS)

Purpose: preserves public or private open space and parks (Chapter heading present in code). Variances that affect open space or affect protections in the OS district require findings that the variance is consistent with open-space preservation and the Government Code where applicable (§ 10.24.010; variance findings referencing OS-specific test in § 10.84.060) .

D Design Overlay (selected subdistricts)

The D Design Overlay imposes additional requirements (fence setbacks/heights, story limits, special plan elements) and contains subdistrict specifics; any variance/exception in a D overlay must be evaluated against overlay requirements and may be more limited (e.g., no increase over certain heights in named subareas) (§ D overlay tables and notes) .

If you need the exact buildable floor‑area factor, setback numbers, or FAF thresholds for a particular parcel/Area District, Verify with the jurisdiction — those numeric tables are in the same zoning code but are parcel/area‑specific and must be read directly against the site’s area district and zone. Not all numeric district tables are reproduced on this page. Verify with the Community Development Department.

Practical guidance for applicants (synthesis)

Choose the right path: If you need a small dimensional tweak that fits the Director’s minor‑exception criteria (practical difficulty, compatibility, lowering nonconformity), file for a minor exception; if the change is larger (new encroachment into required yards, increased height, reduced separation) file for a variance before the Planning Commission (§ 10.84.020; § 10.84.060; § 10.84.120) .
Prepare the 500‑ft neighborhood exhibit early: variance applications require a map and property owner mailing list for all lots within 500 feet and will be noticed for a public hearing (§ 10.84.030; § 10.84.040) .
Demonstrate property-specific hardship (not just personal economic hardship) to meet the variance findings; demonstrate compatibility and mitigation for minor exceptions (§ 10.84.060; § 10.84.120) .
Expect conditions: both routes commonly carry conditions to protect neighbors and guarantee the approval is exercised as granted; approvals lapse if not acted on within two years (§ 10.84.070; § 10.84.090) .
If your project also touches parking, design review, an overlay district (overlay districts), or involves an ADU expect cross‑checks: variances or exceptions do not eliminate other required reviews; the code ties findings and conditions to consistency with the General Plan and other chapters (§ 10.84.060; § 10.84.070) .

Checklist

Completed application form signed by owner or authorized agent (§ 10.84.030)
Application fee paid (per Council resolution / fee schedule) (§ 10.86.260)
Site plan, floor plans, elevations and scaled drawings (include measurement of height and finished grade where relevant) (§ 10.84.030; § 10.60.050)
Vicinity map, 500‑ft owner map and mailing labels for variance applications (§ 10.84.030)
Written narrative showing required findings (variance: hardship + no public detriment + consistency; minor exception: compatibility, no significant impact, practical difficulty, bringing nonconformities closer to compliance) (§ 10.84.060; § 10.84.120)
Photos and surveys showing existing conditions (grade corner elevations if height is an issue) (§ 10.60.050)
If in overlay, historic, or coastal zone, include the extra materials required by those chapters (e.g., historic resource documentation or Coastal Act consistency) — verify specific overlay chapter references (§ 10.86 historic variance rules; Coastal Plan implementing ordinance citations referenced in code) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Is the problem a “use” or a “standard”?	Variance authority explicitly excludes changing permitted uses; use flexibility is handled by use permits, not variances. Requesting a use change via a variance is improper and will be denied (§ 10.84.060; use‑regulation restriction)	Confirm whether your request is for a dimensional standard (variance eligible) or for a new/expanded use (use permit needed) (§ 10.84.060)
Which approval body has jurisdiction?	Filing with the wrong pathway wastes time (Director vs. Planning Commission); minor exceptions are administrative while variances require hearings (§ 10.84.020)	Verify whether the requested deviation is within the Director’s minor-exception authority (§ 10.84.020)
Area‑district / parcel‑specific numeric standards	District tables and Area Districts (I–IV) determine setbacks, FAF and open‑space requirements; findings hinge on those numbers (§ 10.60.110; Area District rules)	Verify the parcel’s Area District and look up the precise setback/FAF/lot‑area table in the zoning code. If uncertain, confirm with the Community Development Director. (§ 10.60.110)
ADUs and "minor exceptions" interplay	The code allows minor exceptions to help establish ADUs within legal preexisting structures, but ADU state law and local ADU rules also apply; conflict can create processing ambiguity (§ 10.84.120; ADU references in code)	Check both the Manhattan Beach ADU chapter and the state ADU rules; confirm whether the proposed ADU falls within the minor‑exception narrowing permitted by local code (§ 10.84.120)
Historic resources	Historic Variances have separate criteria and narrower scope (development‑standard relief only) and require following the Chapter 10.84 procedures plus historic chapter rules (§ 10.86.250; historic variance clause)	If the property is an historic landmark or contributing resource, follow the historic variance process and consult the Historic Preservation chapter (§ 10.86.250)

Plain-English Summary

If a specific yard, height, parking, or other numeric rule would be impossible or unreasonably hard on your Manhattan Beach property because of the lot’s shape, grade, or existing structure, you can seek a variance (Planning Commission) or, for limited situations, a minor exception (Community Development Director). You must show property‑specific hardship or practical difficulty, submit detailed plans and neighbor notice materials, and meet the code’s findings; decisions can be conditioned, appealed, and will lapse if not used within two years (§ 10.84.030; § 10.84.060; § 10.84.090) .

Source References

Manhattan Beach Municipal Code: Decision authority, initiation, and notice for variances and exceptions — § 10.84.020; § 10.84.030; § 10.84.040
Manhattan Beach Municipal Code: Findings for variances and conditions of approval — § 10.84.060; § 10.84.070
Manhattan Beach Municipal Code: Director minor-exception process and findings — § 10.84.120 (Director findings for minor exceptions)
Manhattan Beach Municipal Code: Lapse/transfer/discontinuance/revocation of approvals — § 10.84.090; § 10.84.100
Manhattan Beach Municipal Code: Nonconforming structure rebuild/alteration rules and interaction with exceptions — § 10.68.030; § 10.68.050
Manhattan Beach Municipal Code: Height measurement and related exceptions — § 10.60.050
IP district development table and OS chapter header (district‑specific regulations cited in the code) — IP and OS excerpts in the code’s district tables (development regulations)
Historic variance rule — § 10.86.250 (historic variance; development-standards relief only)

Also see these GoCodebook internal topic pages for related processing items: Manhattan Beach Zoning, Manhattan Beach Land Use, Manhattan Beach Development Standards, Manhattan Beach Parking, Manhattan Beach Design Review, Manhattan Beach Overlay Districts, Manhattan Beach Historic Preservation, Manhattan Beach ADUs, and the California Building Standards Code.

Information Gaps

Parcel‑specific numeric standards (exact front/side/rear setbacks, lot coverage, FAF thresholds) were not extracted here. Those numbers are in the zoning district tables in the full Municipal Code; Verify with the zoning table for the property’s zone and Area District. Not found in retrieved materials (in this excerpt): the complete numeric table for every residential district and area district.
Exact section number text for the minor‑exception procedure header (the Director’s subsection is described in the code but the single‑line section header number for the entire “minor exceptions” block was not clearly visible in the snippets we used. Verify with the full code online.
Coastal-specific variance rules and how the Local Coastal Program interacts for shoreline properties may require cross‑checking the Coastal Plan Implementing Ordinance in tandem with Chapter 10.84. Verify with the City for coastal parcels.

Sources

Retrieved passages

Manhattan Beach Zoning Code (Chapter 10.08.) High relevance
Manhattan Beach Zoning Code (§ 2) High relevance
Manhattan Beach Zoning Code (title without) High relevance
Manhattan Beach Zoning Code (title would) High relevance
CFC § 14 (§ 14) High relevance
Manhattan Beach Zoning Code (chapter within) High relevance
Manhattan Beach Zoning Code (Section 10.60.050) High relevance
Manhattan Beach Zoning Code (chapter or) High relevance
Manhattan Beach Zoning Code (Section 10.68.030) High relevance
Manhattan Beach Zoning Code (Section 10.12.030) Medium relevance
Manhattan Beach Zoning Code (§ 2) Medium relevance
Manhattan Beach Zoning Code (Chapter 10.100) Medium relevance
Manhattan Beach Zoning Code (Section 10.68.030) Medium relevance
Manhattan Beach Zoning Code (Section 10.12.030) Medium relevance
Manhattan Beach Zoning Code (Section 10.64.110) Medium relevance

Cited sections

Official Manhattan Beach code library

Frequently asked questions

What findings does the Planning Commission require to approve a variance in Manhattan Beach?

The Planning Commission must find (1) special circumstances of the property (shape, topography, etc.) create peculiar or undue hardship under strict application of the code, (2) the relief will not substantially harm the public good or nearby properties, (3) granting relief is consistent with the zoning title and will not be a special privilege (and for OS properties there is an additional Government Code/OS consistency test) (§ 10.84.060) .

When can the Community Development Director approve an exception instead of a variance?

The Director may approve a minor exception for limited changes — commonly to allow alterations/additions to preexisting nonconforming structures, or to allow ADUs in some legal preexisting structures — when the Director finds the project is compatible, causes no significant detrimental neighbor impacts, there is practical difficulty justifying deviation, existing nonconformities will be brought closer to compliance where reasonable, and the project is consistent with the General Plan and zoning title (§ 10.84.120) .

Do variances in Manhattan Beach change what uses are allowed on a lot?

No. The code states that authorization to grant variances does not extend to use regulations — use changes must be pursued through use permits or other processes, not variances (§ 10.84.060; code notes on variance scope) .

How are neighbors notified about a variance application and hearing?

For Planning Commission variances the City mails notice at least 10 days prior to the hearing to the applicant and all owners of property within 500 feet of the site, posts notice at City Hall, and publishes notice in a general-circulation newspaper in compliance with Government Code notice timing (§ 10.84.040) .

Does a variance or exception approval expire if I don’t build?

Yes. A variance or minor‑exception approval lapses two years after approval unless a building permit has been issued and substantial expenditures made, certificate of occupancy issued, the use established, or the approval is renewed; discontinuance for 12 consecutive months also causes lapse (§ 10.84.090) .

Can I appeal a Director decision on a minor exception?

Yes. Minor-exception decisions by the Community Development Director are appealable under the City’s appeal provisions; a Director decision becomes effective after the appeal period expires if no appeal is filed (§ 10.84.090; minor-exception appeal provisions cited in the code) .

How do nonconforming structures affect whether I need a variance versus a minor exception?

If a structure is nonconforming and your work would increase the degree of nonconformity, you need a variance or minor exception as appropriate; the code also allows certain rebuilds (even if nonconforming) after damage under specific thresholds (§ 10.68.030(E); § 10.68.050) .

Are there special variance rules for historic properties?

Yes. Historic Variances can be granted for development‑standard relief (not use) for historic landmarks or contributing resources; the historic variance follows Chapter 10.84 procedures plus the Historic Preservation chapter requirements (§ 10.86.250) .

If my project needs less parking than the standard, can I get relief through a variance?

Reduced parking is a matter the Planning Commission may consider (use permit or variance scope depends on the specific standard and overlay); some overlay rules explicitly allow reduced parking only with use permit approval and/or Planning Commission review (§ D overlay notes; see overlay table notes regarding reduced parking and use permits) .

Will a variance automatically allow me to increase floor area or height?

No. The Planning Commission requires a specific showing under the variance findings and will consider public detriment, compatibility, and whether approval constitutes a special privilege; the code also contains measurement‑of‑height rules and minor‑exception limitations that may constrain increases (§ 10.84.060; § 10.60.050; § 10.84.120) .

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