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The City of Los Angeles's closely watched density bonus ordinance has been struck down because the city did not subject the ordinance to California Environmental Quality Act (CEQA) review.
Los Angeles County Superior Court Judge Thomas McKnew Jr. ruled that a fair argument could be made "that portions of the ordinance which go beyond the minimum standards set by state law" may have a significant adverse impact and, therefore, must undergo environmental review.
The city ordinance adopted in early 2008 was based on SB 1818 from 2004, a measure that modified the density bonus law to increase bonuses and require local governments to grant development concessions if a project contains a certain percentage of affordable housing (see CP&DR, September 2004). While the state law permits density bonuses of up to 35%, the Los Angeles ordinance allows bonuses of up to ...
Source: HighBeam Research, California Environmental Quality Act (CEQA) review.(inbrief)(Brief...