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 27, 2019
Oregon rescinds tsunami-zone construction ban
Other states have no ban, but have strengthened building codes for tidal wave resilience.
Urban Planning | Aug 27, 2019
Pop-up parks revitalize empty lots
Pop-up parks that provide instant open areas for public use and programming can revitalize under-utilized spaces and add vibrancy to neighborhoods.
Codes and Standards | Aug 22, 2019
Texas flood prevention initiative would create nation’s most ambitious barrier system
Plan including sand dunes and mechanical barriers would cost as much as $32 billion.
Codes and Standards | Aug 22, 2019
Multimedia app identifies construction hazards
Researchers say program will reduce injuries, save lives.
Codes and Standards | Aug 22, 2019
Cities take action to keep cool as climate heats up
Initiatives include cool streets, cool roofs, and broader urban tree canopy.
Codes and Standards | Aug 22, 2019
5G expected to give a boost to construction technology
Virtual reality, Internet of Things, robotics, and drones will all benefit from enhanced data flows.
Codes and Standards | Aug 15, 2019
New edition of Building Code Requirements for Structural Concrete available
American Concrete Institute document includes major technical changes.
Codes and Standards | Aug 13, 2019
Coaching pays off for new managers
Study finds increased engagement and readiness for new roles.
Codes and Standards | Aug 12, 2019
New curtain wall design guidelines released
AAMA document includes mandatory language, optional language, and detailed technical commentary.
Codes and Standards | Aug 9, 2019
Cities modify density zoning to spur more affordable housing projects
Solutions include eliminating single-family zoning and allowing taller apartments in higher-density zones.