Long Beach zoning panel approves Riptides’ east-deck variance after neighbors debate noise and parking

The Long Beach zoning board voted June 25 to grant a parking variance allowing Sand Castle LBNY Inc., which does business as Riptides, to construct an east-side one‑story deck and add seating adjacent to its boardwalk concession. Attorney Dennis G. Kelly told the board the proposed deck would add roughly 15 seats and argued the concession is boardwalk-facing rather than street-facing, meaning much patronage will be pedestrian and not generate new off‑street parking demand.

The application (Case 3505) sought relief under zoning code section 9-11216. Kelly presented a second addendum to Riptides’ lease and a petition of local supporters, and said the concession’s 9:00 p.m. closing requirement (in the lease) limits late-night disturbance. “We are simply asking for off‑street parking where the balancing test just for the moment puts us in the context of what it is,” Kelly said, adding the deck supports tourism and recreation that fund local lifeguards and maintenance.

Outside counsel for the nearby 10 West apartment building, Richard Deo, told the board the primary concern is noise and impacts on eastern-facing balconies, warning that an outdoor deck and any amplification could disturb residents. “The concern obviously is that there are apartments that are eastern facing ... and the concern is outdoor decking and the amplification of noise,” Deo said. He said the board should consider the lease conditions and the intensification of use when weighing the variance.

Board members debated relevance: some said noise and lease enforcement fall to other city agencies (police or code enforcement) and that the zoning board’s jurisdiction for this application is limited to the off‑street parking question. Commissioners noted the applicant must still satisfy the variance balancing test and that any operational violations would be enforceable by the city.

Several neighbors spoke in support of Riptides. Jamie Lyn, who gave an address on the boardwalk, said patrons typically walk or bike to the concession and that “parking really isn’t the argument here.” Robert Castaldo, a resident of 10 West who helped gather 42 signatures, said the petition resolved misconceptions about hours and noise and urged the board to require existing parking regulations be enforced to address late‑night problems.

After hearing testimony and public comment, Commissioner Alvarado moved to grant the variance; the motion was seconded and the board voted to approve the application. The board’s action grants the off‑street parking variance as applied for; the board did not adopt additional enforcement measures on noise or hours, which supporters and opponents discussed in public comment.

The next procedural step is that the applicant may proceed with required building‑department approvals and any public‑works requirements noted in the lease or by staff. The board record includes the lease addendum and petition submitted by the applicant and objections from 10 West’s outside counsel.