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 24, 2019
USGBC receives funding for LEED for Cities and Communities Program
Bank of America provides $500,000 grant to certify 15 U.S. cities.
Codes and Standards | May 24, 2019
AIA updates Interiors Contract Documents
Six revised documents available for interior construction projects.
Codes and Standards | May 23, 2019
Northern California casino offers a template for resilient microgrids
Solar power with batteries and backup generators provide weeks of self-reliance.
Codes and Standards | May 23, 2019
Austin creates innovative plan to boost affordable housing
Approach includes loosened zoning, incentives for higher density in lower-cost and mixed-income developments.
Codes and Standards | May 20, 2019
Effort launched to develop better process for zero-carbon retrofits in multifamily sector
Rocky Mountain Institute, Dept. of Energy, California Energy Commission join forces.
Codes and Standards | May 20, 2019
Property lenders shouldn’t invest for 30 years in most of Florida, expert warns
Climate ignorance driving some ‘insane’ deals.
Codes and Standards | May 17, 2019
NIMBYism is the biggest multifamily construction barrier
National Apartment Assn. report assesses reasons for difficulty in creating more apartments.
Codes and Standards | May 17, 2019
Dept. of Energy to award up to $33.5 million for advanced construction R&D
Focus is on techniques to reduce energy bills.
Codes and Standards | May 16, 2019
Mixed reviews on targeted tax break for San Francisco neighborhood
“Twitter tax break” may have worsened some of the area’s problems.
Codes and Standards | May 15, 2019
OSHA inspections to increase, says Secretary of Labor
Newly hired inspectors getting up to speed.
