A major court decision announced earlier this year upholds the Density Bonus Law and affirms the rights of developers who include affordable housing in their projects to be exempt from local zoning laws and restrictions. In the case Bankers Hill 150 v City of San Diego, opponents sought to halt a 20-story, 204-unit development with 18 affordable homes, expressing concerns over views, shade, and interference with airport flight paths.
The Fourth District Court of Appeals ruled that, once a developer agrees to include a number of homes that are affordable to lower-income families, local agencies must allow for increased density, and grant needed permits and waive developments standards “unless certain limited exceptions apply.” Limited exceptions include threats to public health and safety, harm to a historic resource, or conflicts with other State or federal laws.
While the court’s original ruling applied only to the San Diego project, it subsequently ruled that it was precedent for future cases, essentially ensuring that the ruling applied to all Density Bonus projects throughout the State.
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