Long Beach zoning board revokes temporary variance for 419 East Fulton Street after inspector finds accessory structure inhabited

The Long Beach Zoning Board of Appeals voted to revoke a conditional temporary variance for 419 East Fulton Street after City zoning inspector Richard Xu testified that a rear accessory structure at the property was being used as a residence.

Zoning inspector Richard Xu told the board that during a March 28, 2025 reinspection he encountered a man in his 60s who said he lived in the accessory structure with a girlfriend, and that the unit contained personal effects, a hot plate and a functioning bathroom. Xu said he reported those findings to the corporation counsel and that a prior court-ordered reinspection in August 2024 had shown the accessory structure vacant.

The vote followed testimony from homeowner Manuel Oliva and questioning by board members. Oliva said the occupants were long-term residents who were being helped to relocate and told the board they would be out within two weeks. "We were acting in good faith with them, like, finding a place," Oliva told the board. He also apologized for previous testimony that said the structure was empty.

Why it matters: The board’s action removes the temporary relief the owner had obtained to treat the accessory structure as part of the property’s permitted use. Under the board’s revocation, the accessory structure may not be inhabited by anyone, family or nonfamily, and the city’s enforcement and court processes will proceed accordingly.

Board hearing and evidence: At the start of testimony, Chairman Morelli noted the presence of Deputy Corporation Counsel Joseph Lupo. Richard Xu, who identified himself as a City of Long Beach zoning inspector with 25 years' service, described multiple inspections related to the property. Xu said an initial inspection a year earlier led to court involvement; a reinspection on Aug. 15, 2024 found the accessory structure vacant. On March 28, 2025, Xu said he encountered a male he estimated to be about 60, who invited him into the structure and showed personal belongings. Xu described the interior as "what appeared to be a studio apartment" with a kitchen area (including a hot plate), personal effects and a bathroom being used.

Oliva testified that the occupants were asked to leave and that he and his family were assisting them in finding housing. He acknowledged that his wife had previously told the board the structure was empty and apologized for that earlier statement. When asked on the record whether anyone still lived in the accessory structure as of the hearing, Oliva said, "Until right now, yes, I do."

Motion and vote: A board member moved to revoke the conditional temporary variance; another member seconded. During roll call, Commissioners Callahan, Markowitz, Lease, Alvarado, De Pasquale and Chairman Morelli voted to revoke; Commissioner Brooks recorded an abstention. The board announced, "The subject variance has been revoked." The board instructed the homeowner that the accessory structure may not be inhabited by anyone, family or nonfamily.

Context and next steps: The transcript indicates the variance had been granted only a few weeks earlier and that the revocation stems from evidence the accessory structure was occupied in violation of the conditions under which the variance was issued. Xu said he forwarded his findings to the corporation counsel; the board’s stated remedy removes the temporary authorization and leaves enforcement to pending court or city processes. The hearing record shows the board accepted Xu’s reinspection findings and acted on them with a formal vote.

The hearing concluded following the roll call and the board closure.