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 | Jan 25, 2016
Dept. of Energy releases decision guides for plug and process loads
Plug and process loads consume about 30% of the primary energy in U.S. commercial buildings today.
Codes and Standards | Jan 22, 2016
ConsensusDocs releases new multi-party IPD agreement and joining agreement
The documents serve as a comprehensive revision of previous IPD agreement
Codes and Standards | Jan 22, 2016
State Savings Calculator analyzes savings associated with energy codes
The calculator breaks down the cost-effectiveness of energy codes on a state-by-state basis.
Codes and Standards | Jan 22, 2016
Metal Roofing Seaming Guide published by Metal Construction Association
The free document is specifically tailored for metal roof installation.
Codes and Standards | Jan 22, 2016
Treasury Dept. will start crackdown on illicit money in luxury real estate
The move is expected to impact high-end condo development.
Resiliency | Jan 13, 2016
LEED credits on resiliency expected to influence future of building design
Post-disaster survivability is a key goal.
Codes and Standards | Jan 12, 2016
Batteries are the next step in raising sustainability standards
Battery technology will reduce electricity costs and promote a more stable, flexible grid.
Codes and Standards | Jan 4, 2016
Denver broadens its use of design reviews as construction booms
Support strong, but some wary of giving more say to review boards.
Codes and Standards | Dec 23, 2015
International Code Council approves updates based on NIST study of Joplin, Mo. tornado
Applies to schools and other high occupancy buildings.
Codes and Standards | Dec 21, 2015
Changing building codes to protect against mass shootings at odds with other safety measures
Fire and other emergencies require getting people out quickly, not locking down sections.