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 | May 27, 2021
Pittsburgh combats construction fraud
Crackdown on tax, insurance, and workers’ comp malfeasance.
Codes and Standards | May 26, 2021
Proposal to add photovoltaic panels to the R2 Standard for electronics recycling
Hundreds of facilities in 33 countries could begin recycling PVs.
Codes and Standards | May 25, 2021
International Energy Agency lays out roadmap to net zero
Focus is on energy generation, but building efficiency also plays a role.
Codes and Standards | May 24, 2021
Biden Administration will make new investments in building energy efficiency
Focus on grid-interactive buildings; Energy Star expansion; new targets for energy, water reduction.
Codes and Standards | May 20, 2021
Solar panel trade group issues guidelines to rid use of components built with forced labor
Growing concern that PV industry is dependent on work camps in China.
Codes and Standards | May 19, 2021
Smart electric panels can aid transition to renewable energy
Allow customers better control of circuits; utilities can better manage demand.
Codes and Standards | May 18, 2021
Cross-laminated timber performs better than expected in shear test
Tests conducted in support of new criteria for design of CLT diaphragm.
Codes and Standards | May 17, 2021
Latest Manual on Uniform Traffic Control Devices criticized for not considering bikes, pedestrians
More than a dozen advocacy groups want feds to start over.
Codes and Standards | May 13, 2021
LEED-certified federal buildings don’t use less energy than average
May be due to trade-offs on how score is developed.
Codes and Standards | May 12, 2021
White paper examines how to reduce pathogen transmission in ventilation
Pressure barriers and airflow distribution can be effective in existing buildings.
