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 | Dec 13, 2015
Los Angeles launches ‘Drop 100′ campaign to reduce water use in commercial buildings
Goal is to save 100 million gallons annually.
Codes and Standards | Dec 1, 2015
More than 50 design, construction, and real estate firms urge action on climate change
Call for policymakers to move on one of the ‘greatest economic opportunities of the 21st Century’
Codes and Standards | Oct 26, 2015
Chicago suburb considers bird collision deterrent requirement on all new buildings
The rule would mandate that new commercial, multifamily structures comply with LEED pilot program.
Codes and Standards | Oct 16, 2015
Anchorage may raise building height restrictions that would block precious winter sunlight
Controversial measure is part of plan to spur development.
Codes and Standards | Oct 16, 2015
Appellate court enacts nationwide stay on controversial expansion of Clean Water Act
New EPA rule suspended until court cases settled.
Codes and Standards | Oct 9, 2015
New California law means commercial building benchmarking program will be implemented
Multifamily housing to be included, a first for a U.S. state.
Codes and Standards | Oct 2, 2015
New ASHRAE guideline for commissioning existing systems and assemblies
Focuses on optimum facility and system operation.
Codes and Standards | Sep 18, 2015
New RELi standard addresses disaster resilience
Based on LEED model, may help lower insurance rates
Building Materials | Aug 28, 2015
Structural steel buildings specification available for second public review
Next year's specification open for comments until Sept. 21
Energy Efficiency | Aug 28, 2015
North American Passive House Network e-book explains Passivhaus, net-zero techniques
Free guide includes spotlight on individual projects