A California appeals court ruled that developers who include affordable housing in their projects are exempt from many local limits on height, zoning, and density.
California's 1979 Density Bonus Law requires local governments to grant permits and waive some development standards for builders who provide certain levels of low-income housing in their projects, the court ruled. There are exceptions to the law for threats to public health or safety, harm to a historic resource, or conflicts with state or federal laws.
The case stemmed from local opposition to a 20-story mixed-use project being built near Balboa Park in San Diego. The city approved a plan for a building more than 25% higher than local development standards allow after the developer promised to make 18 of 204 units affordable.
If the case is not appealed to California’s Supreme Court, trial courts across the state would have to adhere to the ruling.
Related Stories
Codes and Standards | Feb 22, 2019
California’s carbon reduction goals to be aided by programs to convert heating, hot water systems
Switch from propane to electricity is critical to plan.
Codes and Standards | Feb 21, 2019
Researchers develop software that can calculate potential solar energy yield at any location
Accounts for dynamic shading from trees, buildings and other structures.
Codes and Standards | Feb 20, 2019
Hospitals not making much progress in reducing their carbon footprint
Energy benchmarking survey shows flat emissions pattern over past 20 years.
Codes and Standards | Feb 15, 2019
Super Bowl stadium helps alleviate Atlanta’s flood problems
Capacity to store more than 2 million gallons of storm water on site.
Codes and Standards | Feb 14, 2019
ISO publishes first global BIM standards
Based on British standard and a publicly available standard.
Codes and Standards | Feb 12, 2019
Property technology adoption accelerates in commercial real estate industry
New business models create disintermediation.
Codes and Standards | Feb 11, 2019
Investing in downtowns pays off for cities, regions
Benefits include driving tax revenue, business activity, and smart development.
Codes and Standards | Feb 8, 2019
Oslo, Norway’s downtown goes virtually car-free
Parking spots converted to bike lanes, transit is fast and easy.
Codes and Standards | Feb 7, 2019
New North Carolina energy code has extensive lighting control requirements
Includes automatic shut offs for buildings of all sizes.
Codes and Standards | Feb 6, 2019
Solar carports can help with California’s Title 24 mandates
Can be combined with virtual net-metering software and tax-enabled financing.