Zoning & entitlements
Variance
Discretionary relief from a development standard where special physical circumstances of the lot justify it (Gov. Code § 65906). Use variances are barred.
Definition
A variance relaxes a development standard — setback, height, parking — for a single property. Under Government Code § 65906 it may be granted only when special circumstances of the property (size, shape, topography, location or surroundings) mean strict application would deny it privileges enjoyed by nearby parcels in the same zone.
Two hard limits: the findings are property-specific, so self-created hardship and economics alone do not qualify; and a variance cannot authorize a use the zone prohibits — California bars use variances outright.
Why it matters in an underwrite
Variance findings are among the hardest in zoning, and denial is fully discretionary — a bad instrument to underwrite around. For a qualifying housing project, a density-bonus concession or waiver reaches the same standards relief as a matter of right, so run the § 65915 route first and hold the variance as the fallback for standards the bonus toolkit cannot reach.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.