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
| Aug 8, 2013
Bipartisan bill would strengthen model building codes to boost energy efficiency
The Energy Savings and Industrial Competitiveness Act, a bipartisan U.S. Senate bill, would strengthen model building codes to make new homes and commercial buildings more energy efficient.
| Aug 2, 2013
Design of world’s tallest wood skyscraper would be more sustainable than steel alternative
Architecture firm C. F. Møller has proposed building the tallest wooden building in the world in Stockholm, Sweden.
| Aug 2, 2013
Texas law expected to help reduce construction payroll fraud
Texas lawmakers want to get tough on construction companies that commit a certain form of payroll fraud, passing a new law recently signed by Gov. Rick Perry.
| Aug 2, 2013
Surveys show parking space requirements far in excess of what is necessary
Officials in the Northwest’s large metropolitan areas have sent survey takers out at night through apartment and condominium lots and garages, recording empty and full spaces, and comparing their tallies with the number of apartments.
| Aug 2, 2013
Netherlands Institute of Ecology built to zero waste principles
The Netherlands Institute of Ecology was designed and built to be the most sustainable building in Holland and incorporate the zero waste principles of Cradle-to-Cradle design.
| Aug 2, 2013
Threat of more powerful coastal storms could curtail development
Led by Stanford University’s Natural Capital Project, researchers mapped the intensity of hazards posed to communities living along America’s coastlines from rising seas and ferocious storms now and in the decades to come.
| Jul 26, 2013
AGC launches new coalition to help bring tax relief to construction sector
Associated General Contractor of America (AGC) has launched the Coalition for Fair Effective Tax Rates to bring tax relief to the construction sector.
| Jul 26, 2013
Legislation would revamp federal contracting policy impacting small design and construction firms
Legislation was introduced in the U.S. House of Representative this month to ban reverse auctions when an agency determines small businesses are qualified to bid on the solicitation.
| Jul 26, 2013
Detroit’s problems may make blue infrastructure codes more likely
The City of Detroit’s financial problems may make it more likely to adopt blue infrastructure standards.
| Jul 26, 2013
Cities should reconsider rooming houses to build affordable housing stock, says expert
Building codes have effectively outlawed the bottom end of the private housing market, driving up rents on everything above it, argues the Sightline Institute's Alan Durning.