Court Upholds Density Bonus Law That Exempts Certain Housing Projects From Local Restrictions

San Francisco Chronicle (February 3, 2022) A state appeals court says developers who agree to include affordable housing in their projects can be exempted from zoning rules, height limits and other local restrictions on neighborhood construction. The ruling, in a case from San Diego, has potential statewide impact as tensions over local control and the state's housing crisis continue to escalate. California's 1979 density bonus law “incentivizes the construction of affordable housing,” the Fourth District Court of Appeal said in a decision it certified Wednesday as a precedent for future cases. 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. Allen Matkins partner Heather Riley, a lawyer for Greystar, the San Diego project developer, said Thursday that although the Density Bonus Law has been on the books for more than 40 years and has been upheld by the courts, it is not always enforced. “Some agencies are still hesitant to approve density-bonus projects when neighborhood groups are opposed,” she said. Read More (subscription required)