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
| Jun 19, 2013
Construction site safety improved in 2011
On-the-job construction fatalities dropped from 802 in 2010 to 781 in 2011, and recordable injuries fell from 4.7 per 100 workers in 2008 to 3.9 per 100 in 2011, according to data from the Bureau of Labor Statistics.
| Jun 19, 2013
New York City considers new construction standards for hospitals, multifamily buildings
Mayor Michael Bloomberg’s administration has proposed new building codes for hospitals and multifamily dwellings in New York City to help them be more resilient in the event of severe weather resulting from climate change.
| Jun 12, 2013
Green Globes update complies with federal sustainability standards
The Green Building Initiative has updated its green building certification program to comply with the U.S. government’s standards for sustainability in federal buildings.
| Jun 12, 2013
Green Globes update complies with sustainability standards
The Green Building Initiative has updated its green building certification program to comply with the U.S. government’s standards for sustainability in federal buildings.
| May 31, 2013
OSHA will propose to extend crane operator certification compliance date
The Occupational Safety and Health Administration (OSHA) says it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017.
| May 31, 2013
GIS should guide zoning decisions in states hit hard by Hurricane Sandy, says expert
As New York, New Jersey and other states hit hard during Superstorm Sandy begin their long road to recovery, the decisions they make on how to rebuild are crucial to determining how well they will weather the next big storm.
| May 31, 2013
Bond package to fund $2.7 billion in new university construction dies in Texas Legislature
A $2.7 billion state bond package that would have financed expansion projects at more than a half-dozen universities in Texas died on the final day of the legislative session.
| May 31, 2013
Tax break proposal for $1.5 billion expansion of Minnesota’s Mall of America advances
The Minnesota Legislature approved tax breaks worth $250 million for a $1.5 billion project that would double the size of the Mall of America in Bloomington, Minn.
| May 31, 2013
Debate in the Northwest over how to apply lessons of net-zero construction in codes
Success in constructing net-zero homes in the Northwest has sparked debate over how far green codes should go.
| May 28, 2013
Fire Chiefs Assn., IBHS call for federal legislation to encourage states to adopt, enforce building codes
The International Association of Fire Chiefs (IAFC) and the Insurance Institute for Business & Home Safety (IBHS) are asking Congress to enact the Safe Building Code Incentive Act (SBCIA), which provides financial incentives for states to adopt and enforce building codes.
