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
Codes and Standards | Aug 5, 2021
Contractors can be liable for building failures many years after project completion
Personal injury suits could be brought decades after substantial completion.
Codes and Standards | Aug 4, 2021
Mass timber is a natural choice for building recycling through deconstruction
Designing wood buildings to optimize recovery of materials for disassembly aids carbon sequestration.
Codes and Standards | Aug 3, 2021
Dept. of Energy releases initial version of the Spawn of EnergyPlus software
Targets new use cases in advanced controls, district systems, and grid integration.
Codes and Standards | Aug 2, 2021
Several U.S. cities among most expensive places to build in the world
San Francisco, New York, and Boston head the domestic list.
Codes and Standards | Jul 28, 2021
American Concrete Institute creates new director of innovative concrete technology post
Aim is to attract emerging technologies for development.
Codes and Standards | Jul 28, 2021
Higher ed faces infrastructure backlog of $112.3 billion
Study recommends integrated strategic planning for best results.
Codes and Standards | Jul 27, 2021
Add a wobbly moon to flooding risk factors
Earth satellite’s orbit variations will lead to sunny-day flooding in the mid-2030s.
Codes and Standards | Jul 26, 2021
Revamping of Florida building codes on the table after condo collapse
Tragedy could prompt upgrades like post-Hurricane Andrew effort.
Codes and Standards | Jul 21, 2021
Proposal to give Calif. hospitals more time for earthquake retrofits stirs controversy
State hospital association says 2030 deadline should be extended.
Codes and Standards | Jul 20, 2021
New York, New Jersey legislatures may revamp bidding rules to promote low-carbon concrete
Contractors would have to certify that their concrete is in compliance.
