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
| Oct 3, 2013
Arizona utility pushes for change in building codes to boost efficiency on all commercial projects
Many large construction projects in Arizona are going green by paying attention to energy efficiency, but smaller buildings that are often rented out haven't yet jumped on the bandwagon.
| Oct 3, 2013
Bipartisan energy efficiency bill stalled; may not be revived this year
The Senate spent the first two weeks of September trying to pass bipartisan energy efficiency legislation, commonly known as Shaheen-Portman (S. 1392) that would have impacted building codes.
| Oct 3, 2013
LEED credential exams will feature LEED v4 material beginning next spring
The LEED Professional Credential exams for the LEED Green Associate and LEED AP with specialty designations will feature LEED v4 material beginning in late spring 2014.
| Sep 26, 2013
Ballot period on National CAD Standards open until Oct. 13
The Ballot Comment Period to update the nation’s leading computer-aided design (CAD) standard is now open.
| Sep 26, 2013
OSHA encourages comments on respirable crystalline silica rules
The Occupational Safety and Health Administration’s proposed rulemaking for respirable crystalline silica has been published in the Federal Register.
| Sep 26, 2013
EPA’s final rule on updated ASTM standard likely to be withdrawn
The Environmental Protection Agency is expected to withdraw a direct final ruleissued in Augustregarding an ASTM standard for Phase I Environmental Site.
| Sep 26, 2013
A primer on RoofPoint green-rating system for commercial roofs
The RoofPoint green-rating system can be used to construct more energy-efficient and sustainable commercial roofs.
| Sep 26, 2013
ConsensusDocs releases updated federal subcontract to help construction firms perform federal work
The newly revised ConsensusDocs standard subcontract (ConsensusDocs 752 for federal work) will make it easier for general contractors and subcontractors to perform federal work.
| Sep 18, 2013
Proposed Boston casino development approval will depend partly on sustainability
The movement toward green building has been slow to catch on in the casino industry, but that could change with Suffolk Downs, which plans to build a $1 billion casino in Boston.
| Sep 18, 2013
Regulations could ease firefighters’ fear of roof solar panels
The local fire chief says solar panels are partly to blame after a 300,000 sf refrigerated warehouse in Delanco, N.J., burned down.