Waiver Requirements

Waiver of Development StandardsREQUIREMENTS

Fee: $2,785

Step 1.  Come to the Planning Counter to review your request with Planning Staff.  Prior to submittal for a building permit, the applicant is required to submit a written request to the Community Development Department stating how the proposal will improve the design of the project pursuant to the Huntington Beach Zoning and Subdivision Ordinance, Chapter 241.22 Waiver of Development Standards.

A.Standards Which Can Be Waived:  The Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he finds that such a waiver improves project design and does not exceed 10 percent deviation.

B.Expiration: A waiver may become null and void six months after date of approval, unless exercised.

C.Extensions: A waiver may be extended up to one year.  Additional extensions may be granted if the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval.  To initiate an extension, applicant shall submit a written request to the Planning Department a minimum of thirty days prior to expiration including an Extension Fee.

D.Limitations: A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to density.

E.Decisions and Appeals: The Director’s decision may be appealed in accord with Chapter 248.  The Director’s decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision.

Step 2: The request for a waiver of development standards shall be in writing and include the following:

a)Name of applicant.

b)Phone number and property address.

c)Authorization from property owner.

d)Three sets of plans fully dimensioned.

e)Narrative stating specific request and how the proposal improves the project design.

f)Waiver of Development Standards Request Letter. (Courtesy letter provided)

Step 3: The requests are typically processed in two weeks.  You will be notified in writing of the Department’s decision.  At the time of submittal for building permit, the applicant shall include the approval letter of Waiver of Development Standards with plans.

Questions regarding this process should be directed to the Zoning Counter at: (714) 536-5271