California Court Upholds Density Bonus Law

In a rebuff to proponents of local control, a California state appeals court upheld a 1979 law that allows developers to bypass local zoning regulations when including affordable housing in their projects.

1 minute read

February 8, 2022, 8:00 AM PST

By Diana Ionescu @aworkoffiction


Gaslamp Quarter

Sean Pavone / Shutterstock

In a 3-0 ruling, a state appeals court in California upheld a 1979 density bonus law that allows developers who include affordable housing in their projects to claim exemption from local zoning rules and restrictions. As Bob Egelko reports, the court affirmed the goals of the law, which is designed to incentivize affordable housing construction.

According to the court, "Once the developer commits to making a specified portion of the project affordable to lower-income households, 'local government must allow increased building density, grant permits, and waive any conflicting local development standards unless certain limited exceptions apply,' Justice Judith Haller said in the 3-0 ruling."

Opponents of the decision such as Everett DeLano, lawyer for the Bankers Hill/Park West Community Association, say the ruling "seems be saying that if you have a density-bonus project, you can do whatever you want," removing local control.

The development at the heart of this case is a 20-story, 204-unit building under construction at the edge of San Diego's Balboa Park, in which the developer plans to include 18 affordable units. Local opponents expressed concern about views, shade, and potential interference with airport flight paths. The court's decision to uphold the state law could mark a shift toward less local control and stricter enforcement of the state's affordable housing mandates.

Thursday, February 3, 2022 in San Francisco Chronicle

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Small rural USPS post office in manufactured one-story grey building with American flag in front.

Delivering for America Plan Will Downgrade Mail Service in at Least 49.5 Percent of Zip Codes

Republican and Democrat lawmakers criticize the plan for its disproportionate negative impact on rural communities.

February 12, 2025 - Cowboy State Daily

Chicago

Test News Post 1

This is a summary

April 8 - 2TheAdvocate.com

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog

Military humvee driving through gate at Fort Indiantown Gap Natl Guard training center in Pennsylvania surrounded by winter trees and dead leaves.

Balancing Bombs and Butterflies: How the National Guard Protects a Rare Species

The National Guard at Fort Indiantown Gap uses GIS technology and land management strategies to balance military training with conservation efforts, ensuring the survival of the rare eastern regal fritillary butterfly.

February 24 - Esri Blog