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
| Jul 23, 2014
House passes 2015 GSA budget with 17% cut for new construction projects
The General Services Administration’s construction budget for fiscal year 2015 passed by the House this month includes cuts in both new construction and renovation/repairs compared to 2014.
| Jul 16, 2014
Coastal flooding increasing along East Coast, says report
An analysis of tidal levels and flood data by the news organization Reuters concludes that flooding has increased along the Eastern Seaboard over the past four decades.
| Jul 16, 2014
Local hiring requirement a tough challenge for new Detroit arena project
An agreement for a land transfer from the City of Detroit to Ilitch Holdings Inc., that enabled construction of a new arena for the Detroit Red Wings requires that 51% of the project’s construction workers must come from the city.
| Jul 16, 2014
Local hiring requirement a tough challenge for new Detroit arena project
An agreement for a land transfer from the City of Detroit to Ilitch Holdings Inc., that enabled construction of a new arena for the Detroit Red Wings requires that 51% of the project’s construction workers must come from the city.
| Jul 16, 2014
Massive $6.5 billion Silicon Valley development gets key city approval
The Santa Clara (Calif.) City Council approved the next steps for a massive development project next to Levi’s Stadium, the new home of the San Francisco 49ers.
| Jul 11, 2014
California Supreme Court rules that architects can be sued by condo association
The decision held that even though, on most projects, the developer has the final say on design choices, the architect can’t escape liability to the end user.
| Jul 10, 2014
Latest construction accident fatality statistics reverse trend of declining deaths
The latest data on construction site fatalities for 2012 shows a rise in the death rate to 9.9 per 100,000 workers after 2011 had reached a recent low of 9.1 per 100,000, according to an analysis of data by the AFL-CIO.
| Jul 10, 2014
EPA seeking public comments on site contamination rules
The Environmental Protection Agency (EPA) is accepting public comment on its proposal to eliminate the dual standard for compliance with rules pertaining to testing of land that may have been contaminated by chemical pollution.
| Jul 10, 2014
Southern California city considers new water fee for developers
A persistent drought in Southern California could lead to a water fee for new construction projects in Ventura.
| Jul 1, 2014
$1 billion master planned development in California clears key hurdle
Plans for a new section of the proposed $1 billion La Entrada master-planned community in Coachella, Calif., moved ahead after the developer and city council agreed that the plan would include 500 affordable housing units.
