Zoning & entitlements
Waiver (density bonus)
Unlimited relief under Gov. Code § 65915(e) from any development standard that would physically preclude a density-bonus project at its awarded density.
Definition
A waiver or reduction of development standards under Government Code § 65915(e) removes any standard that would physically preclude construction of a density-bonus project at its permitted density with its granted concessions. Unlike concessions, waivers are unlimited in number and require no cost-reduction showing — only physical preclusion.
Height limits, floor area ratio caps, lot coverage, open-space ratios and setbacks are all waivable on that showing. The city may refuse only for a specific, adverse health or safety impact or a conflict with state or federal law.
Why it matters in an underwrite
Waivers do the heavy lifting in bonus deals: a 50% unit bonus is worthless under an intact 35-foot height cap, and the waiver removes that cap as of right — no variance findings, no hardship showing. Support each request with a massing study demonstrating that the standard physically precludes the awarded unit count; that exhibit, not argument, is what carries the entitlement. HCD's advisory walks through the preclusion analysis.
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.