Density Bonus Determination
Posted: Mon Feb 07, 2022 6:35 am
San Diego won a big lawsuit last month over neighborhood opposition trying to stop a 20-story, 204-apartment project in Bankers Hill and it could set a precedent of great importance statewide, write Scott Lewis and Andrew Keatts in the latest Politics Report.
But City Attorney Mara Elliott isn’t so sure she wants that.
The project’s size is a result of California’s “density bonus” program, which lets developers build more homes than allowed by city regulations and to bypass other restrictions if they include homes reserved for low-income residents. The neighborhood group opposing it argued that the state’s program was not a free pass.
A trial judge and now an appellate court have sided with the city. And that matters because the ruling should set a significant precedent across the state: cities have no choice but to allow developers to build at increased densities and waive any conflicting regulations once a developer agrees to put low-income units on site.
But City Attorney Mara Elliott isn’t so sure she wants that.
The project’s size is a result of California’s “density bonus” program, which lets developers build more homes than allowed by city regulations and to bypass other restrictions if they include homes reserved for low-income residents. The neighborhood group opposing it argued that the state’s program was not a free pass.
A trial judge and now an appellate court have sided with the city. And that matters because the ruling should set a significant precedent across the state: cities have no choice but to allow developers to build at increased densities and waive any conflicting regulations once a developer agrees to put low-income units on site.