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 25, 2012
Philadelphia councilmen move to crack down on contractors working without licenses, permits
Two Philadelphia city councilmen are trying to crack down on the "underground economy" of developers and contractors who work without licenses and permits, pay cash under the table, and operate unsafe job sites.
| Oct 25, 2012
OSHA and NIOSH offer Spanish version of nail gun safety document
The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health have made available a Spanish version of “Nail Gun Safety - A Guide for Construction Contractors.”
| Oct 25, 2012
AGC holding webinar on sequestration’s potential impacts on the construction industry
AGC will hold a free webinar on sequestration and its potential impact on federal construction contractors on Nov. 7.
| Oct 25, 2012
Nashville providing incentives for green roofs
The city of Nashville, Tenn., is promoting the installation of green roofs through a measure providing a $10 reduction in a property's sewer fees for every square foot of vegetative roof.
| Oct 25, 2012
Net Zero buildings will use operating systems like computers to save energy
As buildings become more efficient and begin to use distributed electricity generation, they will need to become “smarter,” using operating systems much as a computer does.
| Oct 18, 2012
Princeton, N.J. residents upset over proposal to exempt colleges from land use laws
Princeton, N.J. residents criticized proposed legislation that would exempt private colleges and universities from following local land use laws for construction projects.
| Oct 18, 2012
Utah contracting firm challenges state immigration law
Universal Contracting LLC of American Fork, Utah, has filed suit challenging the constitutionality of Utah’s 2011 immigration law.
| Oct 18, 2012
More than 65,000 construction, design jobs may be cut if sequestration takes place
About $2 billion worth of construction and design projects would be eliminated if scheduled federal budget cuts, referred to as sequestration, take effect on Jan. 2, 2013.
| Oct 18, 2012
OSHA investigating parking garage collapse that kills four at Doral, Fla. college
OSHA is investigating the collapse of a five-story concrete parking garage under construction at Miami Dade College West Campus in Doral, Fla. that killed four workers and injured several others.