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 | Jul 1, 2021
COVID-19 made payment delays to contractors much worse
Only one in ten companies is always getting paid in full.
Codes and Standards | Jun 30, 2021
New resource for public sector organizations to develop energy data management program
Dept. of Energy document contains more than 30 examples of successful implementations.
Codes and Standards | Jun 29, 2021
Biden China policy may spur more increased U.S. PV manufacturing capacity
Senate bill proposes advanced solar manufacturing production credit.
Codes and Standards | Jun 28, 2021
Local and state building energy performance standards aim to curb climate change
Owners must up the ante on operations and retrofits.
Codes and Standards | Jun 24, 2021
Biden Administration will restore ‘Waters of the U.S.’ protections ended by Trump
Early revision more likely to hold up in court, says legal expert.
Codes and Standards | Jun 23, 2021
Denver unveils renewable heating and cooling plan
City releases roadmap to decarbonizing existing homes and buildings.
Codes and Standards | Jun 22, 2021
Actually, few companies plan to significantly reduce their office footprint
CBRE survey shows that many firms will continue with hybrid work.
Codes and Standards | Jun 21, 2021
Vancouver, B.C., may delay new zero emissions building standards
Building permit delays may postpone new standards by a year.
Codes and Standards | Jun 17, 2021
Buffalo’s parking reform having noticeable impact on development
Elimination of mandatory parking allotments encourages new projects.
Codes and Standards | Jun 16, 2021
Inconsistent building codes make some states more vulnerable to hurricanes
Florida takes top spot for strongest building code in latest IBHS survey.
