Land Use & Zoning Lawyer in Long Beach, CA
Land use and zoning law in Long Beach operates across several overlapping layers: city zoning ordinances, Los Angeles County regulations where applicable, California state housing and environmental statutes, and in coastal areas, the California Coastal Act. For property owners and developers, that layering creates a regulatory environment where a single project may require approvals from multiple agencies, where state law may limit local authority in ways that are not fully reflected in local ordinances, and where a denial at one level can sometimes be challenged at another.
Kassouni Law represents private property owners and developers in Long Beach and throughout Los Angeles County in land use and zoning disputes. The firm has never represented a government agency. Its attorneys have been involved in seminal California land use cases, including a published Court of Appeal decision that changed the legal standard for permit denials statewide, and have contributed to landmark property rights rulings at the United States Supreme Court level.
“There’s no other private law firm like this in California, a government watchdog for Constitutionally protected private property rights.” – Client, Bay Area, CA
The Land Use Regulatory Framework in Long Beach
City of Long Beach Zoning and Planning
Long Beach administers its own comprehensive zoning code under its charter city authority. The City of Long Beach Development Services Department oversees planning, zoning, and development approvals, including use permits, variances, coastal development permits in the city’s coastal zone, and general plan consistency determinations. The Long Beach General Plan guides land use policy across the city’s residential, commercial, industrial, mixed-use, and port-adjacent areas. Local zoning decisions are subject to appeal within the city’s administrative structure before judicial review becomes available.
State Law Overlay
California state law increasingly constrains local land use authority, particularly in the context of housing. The Housing Accountability Act, the Density Bonus Law, and a series of recent statutes, including SB 330, SB 9, and AB 2011, impose restrictions on how local agencies may deny or condition residential development approvals. Where local ordinances conflict with these state mandates, state law generally controls. Long Beach, as a charter city, retains some autonomy over municipal affairs, but courts have generally held that statewide housing policy displaces local authority where the conflict is direct.
California Coastal Commission Jurisdiction
A significant portion of Long Beach falls within the coastal zone regulated by the California Coastal Commission under the California Coastal Act of 1976. Development within the coastal zone generally requires a coastal development permit in addition to any local approvals. The Commission has historically interpreted its jurisdiction broadly and its authority to impose conditions on coastal development permits has generated substantial litigation. Property owners in Long Beach’s coastal areas, including the waterfront, Belmont Shore, and areas near the port, may face permit requirements and conditions from both the city and the Coastal Commission.
Port-Adjacent Properties
Properties adjacent to the Port of Long Beach operate within specialized zoning overlays and are subject to state and federal environmental requirements that affect development options. The port’s ongoing expansion and infrastructure projects, including the Gerald Desmond Bridge replacement and the Pier B On-Dock Rail Support Facility, have generated land use pressures on nearby properties. Port-related noise, air quality, and traffic impacts also figure into environmental review processes for development in surrounding areas.
Land Use and Zoning Practice Areas in Long Beach
Zoning Disputes and Variance Applications
Zoning disputes arise when a property owner seeks to use land in a manner that is restricted or prohibited under the applicable zoning classification, or when the city enforces zoning requirements in a way the property owner believes is incorrect or disproportionate. Variances, which authorize deviations from dimensional or physical zoning standards, and conditional use permits, which authorize uses not permitted as of right, are both subject to findings requirements that must be supported by substantial evidence in the administrative record. Where findings are not made or are not supported by the evidence, legal challenges may be available. A detailed overview of how these approvals work in California appears at Zoning Variances and Use Permits in California: How to Get Approval. The firm’s zoning law practice is at Zoning Law.
Development Approvals and Permit Disputes
Developers in Long Beach regularly encounter delays, conditions, and denials in the discretionary approval process. Where an agency imposes conditions that exceed what the applicable law permits, or denies an approval on grounds not supported by the record, remedies may include administrative appeal, judicial review through a writ of mandate, and in cases of arbitrary denial, Constitutional property rights claims. California’s Permit Streamlining Act (Cal. Gov. Code §§ 65920 et seq.) imposes deadlines on agency action and provides that certain applications may be deemed approved if the agency fails to act within the required timeframe. The firm’s development law practice is at Development Law.
State Housing Law Preemption
Recent California legislation has significantly restricted local authority to deny or condition residential development projects. SB 330, the Housing Crisis Act of 2019, limits the conditions local agencies may impose on housing applications and restricts downzoning in many circumstances. An overview of how SB 330 affects developers is at SB 330: Housing Crisis Act – What California Developers Need to Know. Where a local agency denies a housing project in violation of these state mandates, AB 253 and AB 301 provide additional procedural remedies, addressed at How AB 253 and AB 301 Force Permit Approvals.
Zoning Conflicts and SB 786
Conflicts between local zoning ordinances and state law have become increasingly frequent as the California Legislature has expanded its role in land use. SB 786 and related legislation have placed additional limits on how local agencies can apply zoning restrictions that conflict with state housing and development policy. An overview of how those conflicts are resolved is at Resolving Zoning Conflicts in California: What SB 786 Means for Developers.
Eminent Domain
When the City of Long Beach, Los Angeles County, the Port of Long Beach, Caltrans, or another authorized public entity formally initiates condemnation proceedings to acquire private property, the property owner is entitled to just compensation under the California Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). The government’s initial offer is typically based on its own appraisal, which may not reflect the full measure of compensation available to the owner. Elements of compensation in a Long Beach eminent domain matter may include fair market value of the property taken, severance damages for loss in value to remaining property, loss of business goodwill in appropriate circumstances, and litigation expenses where the final award substantially exceeds the government’s last offer. The firm’s eminent domain practice is at Eminent Domain Law.
Inverse Condemnation
Not all government impacts on private property take the form of formal condemnation. Where a public improvement, regulatory restriction, permit denial, or infrastructure failure effectively takes or damages private property without the government initiating proceedings, the property owner may have an inverse condemnation claim under Article I, Section 19 of the California Constitution. Long Beach property owners near port infrastructure, public drainage systems, and coastal zone regulatory overlays have encountered all of these scenarios.
The firm’s inverse condemnation practice is at Inverse Condemnation Law. The full scope of the land use practice is at Land Use Law.
CEQA and Environmental Review
The California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.) applies to discretionary approvals by California state and local agencies. In Long Beach, most significant development projects require some level of CEQA review, ranging from a categorical exemption determination for smaller projects to a full Environmental Impact Report for larger ones. CEQA can be used by project opponents to challenge approvals, but it can also be used by property owners to challenge agency actions that affect their properties. The timing and scope of CEQA review, and the availability of exemptions, depend on the specific project and the applicable local guidelines.
Writ of Administrative Mandate
When a local agency issues a decision that is not supported by the evidence in the administrative record, acts in excess of its jurisdiction, or fails to proceed as required by law, judicial review through a petition for writ of administrative mandate under Code of Civil Procedure section 1094.5 may be available. This is the standard vehicle for challenging planning commission decisions, city council approvals or denials, and other final administrative land use decisions in Long Beach. The 90-day statute of limitations under Government Code section 65009 applies to most zoning decisions and is strictly enforced. An overview of the writ process is at Writ of Administrative Mandate in California Land Use Law.
Long Beach Land Use: Local Considerations
Density and Infill Development
Long Beach is a fully built-out city with limited undeveloped land. Most development activity involves infill projects, adaptive reuse of commercial or industrial buildings, and densification of existing residential neighborhoods. Infill development in Long Beach is subject to the same discretionary review processes as new construction, but may qualify for streamlined CEQA review under certain statutory exemptions, including the urban infill exemption and exemptions available under AB 2011 for affordable housing projects on commercially zoned sites.
Mixed-Use Corridors and Zoning Transitions
Long Beach has designated several mixed-use corridors along Pacific Coast Highway, Atlantic Avenue, and the downtown waterfront where residential, commercial, and light industrial uses interact. Zoning transitions in these areas, and the conditions imposed on projects at the edges of different zoning classifications, are a frequent source of disputes. Compatibility findings, traffic studies, and noise analyses are commonly required for mixed-use approvals in these zones.
Historic Preservation Overlay Zones
Portions of Long Beach, including Bluff Park, Belmont Heights, and parts of the downtown historic district, are subject to historic preservation overlay zones that impose additional review requirements on exterior modifications and demolition. The City of Long Beach Historic Preservation Program administers these overlays. Historic designation can restrict what a property owner may do with a structure and can require approval from the Cultural Heritage Commission in addition to standard planning approvals. In some circumstances, historic preservation requirements that substantially restrict property use may give rise to regulatory takings arguments.
General Plan Update
Long Beach has undertaken a general plan update process in recent years. General plan amendments can affect the permissible uses and densities on individual parcels, and property owners whose development options are diminished by a general plan amendment may have rights to challenge the amendment or to seek compensation if the change constitutes a regulatory taking. The California Office of Planning and Research provides guidance on general plan requirements under California law.
Why Long Beach Property Owners and Developers Retain Kassouni Law
Exclusively Private-Side Representation
Kassouni Law has never represented a government agency. In a field where many California land use firms represent both public agencies and private clients, the firm’s undivided commitment to the private property side is a meaningful distinction. When the City of Long Beach, the California Coastal Commission, the Port of Long Beach, or any other public entity is on the other side of a dispute, the firm’s attorneys are not constrained by any prior or ongoing relationship with that entity.
Precedent-Setting Results
The firm’s record includes cases that altered California land use law. In Lockaway Storage v. County of Alameda, Kassouni Law obtained a trial verdict later affirmed unanimously by the California Court of Appeal, awarding more than $2.7 million in compensatory damages and attorney fees against a county that arbitrarily denied building permits. The published decision overturned prior precedent, held that arbitrary permit denial can constitute inverse condemnation, and expanded Constitutional protections for California property owners across the state. Separately, the firm contributed amicus curiae briefing in Lucas v. South Carolina Coastal Council before both the South Carolina Supreme Court and the United States Supreme Court, producing a landmark Fifth Amendment ruling that defined the parameters of categorical regulatory takings.
Appellate Capability from the Trial Stage
Many land use disputes begin at the planning commission level and later reach appellate courts. Some cases reach the California Court of Appeal or the California Supreme Court. Timothy Kassouni has argued before both courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court. That appellate experience shapes the firm’s strategy during administrative proceedings and trial court litigation. The firm builds the record that can determine an appeal’s outcome. The firm’s appellate practice appears at Appeals.
Personal Evaluation by the Managing Attorney
Timothy Kassouni personally speaks with every prospective client. He has been named a Super Lawyer, an honor limited to the top 5% of California attorneys statewide through a peer review process, and has been admitted to the California State Bar since 1989. His detailed profile is at Timothy V. Kassouni. The full attorney team is at Our Attorneys.
“Kassouni Law met and exceeded our expectations. We were able to settle out of court… All questions were answered promptly.” – Client, West Sacramento, CA
Contact a Long Beach Land Use and Zoning Attorney
Kassouni Law’s Los Angeles office at 515 South Flower Street, 18th Floor, Los Angeles, CA 90071 serves Long Beach property owners and developers. The firm also represents clients throughout Los Angeles County. Its land use practice handles zoning disputes, variance and use permit proceedings, and permit denials. The firm also handles eminent domain, inverse condemnation, CEQA challenges, and writ of mandate proceedings.
To arrange a personal consultation with Timothy Kassouni, call 877-770-7379 toll-free or reach the Los Angeles office at 213-426-2183. You can also submit an inquiry at kassounilaw.com/contact. The firm responds to all contact inquiries within one business day. Submitting a contact form does not create an attorney-client relationship.
Frequently Asked Questions
1. What land use and zoning matters does Kassouni Law handle in Long Beach?
The firm represents Long Beach property owners and developers in zoning disputes and enforcement actions. Its practice includes variance and conditional use permit proceedings, permit denial challenges, eminent domain matters, and inverse condemnation claims. The firm also handles CEQA-related disputes, Coastal Commission permit matters, and judicial review of local agency decisions through writs of administrative mandate. The firm represents private parties exclusively. It has never represented a government agency. The full scope of the firm’s land use practice appears at Land Use Law.
2. Can a Long Beach property owner challenge a zoning decision or permit denial in court?
In many cases, yes. Property owners can seek judicial review after exhausting available administrative remedies. These remedies may include appeals within the city’s administrative process. Owners can then file a petition for writ of administrative mandate. They must file the petition in Los Angeles County Superior Court under Code of Civil Procedure section 1094.5. The court reviews whether the agency exceeded its authority. It also reviews whether the applicant received a fair hearing. The court also examines whether substantial evidence supports the agency’s decision. Government Code section 65009 generally requires owners to file zoning challenges within 90 days. The deadline starts when the decision becomes final. Courts strictly enforce this deadline. For more information, see Zoning Variances and Use Permits in California: How to Get Approval.
3. Does California state housing law affect how Long Beach can zone or regulate residential development?
Yes, California law limits local authority in several important ways. The Housing Accountability Act, SB 330, the Density Bonus Law, and related statutes restrict approval conditions. They also limit findings for certain residential projects. These rules apply when projects meet applicable objective standards. In some cases, a local agency may violate state law by denying a compliant housing project. Property owners may challenge that decision. SB 330’s limits on local agency authority appear in SB 330: Housing Crisis Act – What California Developers Need to Know. Property owners can review permit delay and denial remedies under AB 253 and AB 301 in How AB 253 and AB 301 Force Permit Approvals. The application of these laws depends on the project type, zoning rules, and agency actions.
4. What is the difference between a zoning variance and a conditional use permit in Long Beach?
A variance allows a property owner to deviate from zoning standards. These standards include setbacks, height limits, and lot coverage requirements. California Government Code section 65906 allows a variance in certain circumstances. Property owners must show that strict code enforcement would deny privileges available to similar properties. The variance also cannot create a special privilege that conflicts with nearby properties. A conditional use permit (CUP) allows a use that zoning rules do not permit by right. Local agencies may approve the use with conditions that address its potential impacts. Both approvals require findings supported by substantial evidence. For more information, see Zoning Variances and Use Permits in California: How to Get Approval.
5. Can conditions imposed on a development approval in Long Beach be challenged?
Property owners can challenge conditions of approval for variances, conditional use permits, and other discretionary land use approvals in some cases. Under the constitutional standards from Nollan v. California Coastal Commission and Dolan v. City of Tigard, certain conditions face strict limits. Conditions requiring property dedication or project exactions must connect to the project’s impacts. They must also remain roughly proportional to those impacts. Property owners may challenge conditions that fail this test, even if they accept the underlying permit. Government Code section 65009 generally sets a 90-day deadline for challenging approval conditions. The deadline begins when the decision becomes final. Conditions may appear reasonable but still make a project economically infeasible. In some cases, those conditions may raise constitutional property rights issues.
