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California court rules affordable housing developers exempt from local zoning

Codes and Standards

California court rules affordable housing developers exempt from local zoning

Case could set precedent on state law that overrides local rules.


By Peter Fabris, Contributing Editor | February 16, 2022
San Francisco

Courtesy Pixabay

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.

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