In addition to the density bonus, developers of affordable projects are entitled to one or more incentives or concessions from the local jurisdiction to assist in the construction of the project, with the number based on the percentage of affordable units in the project. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. trailer Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000001945 00000 n 0000002030 00000 n 0000013527 00000 n 0000008271 00000 n An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. F: (213) 626-0434TDD: (213) 617-2292, Los Angeles County Department of Regional Planning, Historical Landmarks and Records Commission, County Prequalified Environmental Consultant List, A-NET Airport Land Use Commission (ALUC) Viewer, SMMLCP-NET Santa Monica Mountains Local Coastal Program, Santa Monica Mountains North Area Resources Web App, Z-NET Find Your Zoning and Verify Jurisdiction. For more information please refer to our Privacy Policy. Density Bonus | Los Angeles City Planning Density Bonus Density Bonus serves as a local incentive program, and is designed to encourage the production of on-site affordable housing in neighborhoods where multi-family zoning is allowed. 0000004605 00000 n %PDF-1.5 % 0000012780 00000 n Clarifies that for purposes of qualifying for a density bonus, the total units in a housing development include affordable units that are designated to satisfy local inclusionary housing requirements. d~[T!NV endstream endobj 77 0 obj<> endobj 78 0 obj<>/Font 80 0 R/ProcSet[/PDF/Text/ImageC]>>/Type/Page>> endobj 79 0 obj[] endobj 80 0 obj<> endobj 81 0 obj<> endobj 82 0 obj<> endobj 83 0 obj[278 355 556 889 191 333 333 389 278 333 278 278 556 556 556 556 556 556 556 556 556 556 278 278 667 667 722 722 667 611 778 722 278 667 556 833 722 778 667 778 722 667 611 722 667 944 667 667 611 556 556 556 500 556 556 278 556 556 222 222 500 222 833 556 556 556 556 333 500 278 556 500 722 500 500 500 584 556 350] endobj 84 0 obj<>stream The amount of density bonus required to be given under Californias Density Bonus Law is set on a sliding scale based on the percentage of affordable units provided. 0000012326 00000 n hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 0000002364 00000 n F: (213) 626-0434TDD: (213) 617-2292, Los Angeles County Department of Regional Planning, Historical Landmarks and Records Commission, County Prequalified Environmental Consultant List, A-NET Airport Land Use Commission (ALUC) Viewer, SMMLCP-NET Santa Monica Mountains Local Coastal Program, Santa Monica Mountains North Area Resources Web App, Z-NET Find Your Zoning and Verify Jurisdiction. Please send website questions and comments to webadmin@planning.lacounty.gov. California Government Code Section 65943 to the Los Angeles City Planning Department on or after January 1, 2020, and requires a discretionary entitlement process with CPD. The Court next determined that while AB 2501 prohibited a municipality from requiring an additional report or study that is not otherwise required by state law, AB 2501 did not prohibit a municipality from requesting or considering information relevant to cost reductions. The nonprofit housing corporation must then sell each home to a lower income buyer subject to affordability requirements with a term of at least 45 years, an equity sharing agreement, and a repurchase option in favor of the nonprofit corporation. State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000011960 00000 n hL 0UADCB~87(c}K$qmg~wv/>J2EP With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. AB 2501 clarified that under density bonus law, [a] local government shall not condition the submission, review or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. (Gov. These practices can lead to inconsistencies between state law and local ordinances. xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000002922 00000 n Along with the City's Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeles's biggest driver in producing mixed-income and 100% affordable housing. 0000003129 00000 n 0000002753 00000 n 0000005253 00000 n Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. According to ZIMAS, the project is not located on a substandard street in a Hillside area 0000001236 00000 n Prior to 2021, the Density Bonus Law permitted a maximum density bonus of thirty-five percent (35%) for a housing development in which (a) at least eleven percent (11%) of the total units are for very low income households, (b) at least twenty percent (20%) of the total units are for low income households, or (c) at least forty percent (40%) of Clarifies that for purposes of qualifying for a density bonus, affordable units for very low or lower income households can be either rental or for-sale units. Provides one incentive or concession for density bonus projects that include at least 20% of the units for lower income students in a student housing development. Before 2021, developers of density bonus projects were automatically entitled to obtain parking requirements of two spaces for two and three bedroom homes by requesting that standard, but AB 2345 lowers this standard to one and one-half spaces for two and three bedroom homes. . Eliminates the ability of local governments to disapprove a developers request for an incentive or concession, or a waiver or modification of development standards, on the grounds that it would have a specific adverse impact on the physical environment. 76 0 obj <> endobj AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. City of Los Angeles. 0000011691 00000 n Discretionary Review For more information please refer to our Privacy Policy. Share. Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. 0000004758 00000 n In 2018, the City Planning Commission approved the project, including the applicants request for off-menu incentives, finding that the record did not contain substantial evidence that would allow the City Planning Commission to deny the incentives. AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. AB2345 is modeled after the City of San Diegos Affordable Homes Bonus Program, and is intended to be another tool to address the states ongoing housing crisis. The court found that a City of Los Angeles ordinance requiring density bonus applicants to submit information to show incentives and concessions are needed to make the project economically feasible was preempted by state density bonus law because the requirement was based on a former version of the law that has since been revised. }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg Before 2021, the maximum density bonus was 35% for housing projects which included either 11% very low income units, 20% lower income units, or 40% moderate income units. (Affordable units for moderate income households still must be for-sale units and may not be rental units). PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H 0 0000005421 00000 n Developers can request off-menu incentives and waivers of development standards that extend beyond the incentives enumerated by State Density Bonus Law provided that applicants can demonstrate that their request is necessary to allow for the project's physical construction. |\+@cq 4& Furthermore, the Countys Density Bonus Ordinance provides waivers or modifications to development standards, requests for incentives that do not meet the States criteria for qualified affordable housing developments, and up to a 50% density bonus for senior citizen housing developments through a Discretionary Housing Permit. 0000014725 00000 n Court of Appeal Upholds the Project Approval. 0000009728 00000 n seek and receive a density or development bonus under the provisions of California Government Code Section 65915 (state Density Bonus law) or any other State or local A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12.22 A.25, is considered by-right and reviewed through a ministerial building permit process. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. %%EOF AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. 0000010310 00000 n With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. 3117 Bagley Ave, Los Angeles, CA 90034. [2] Density bonus law uses incentive and concession interchangeably. has been a mechanism to encourage developers to incorporate affordable units within a residential project in exchange for density bonuses and relief from other base development standards. 50% Density Bonus (DB50). endstream endobj 737 0 obj <>stream An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. /z!rq=_4k!%^@f2 e@C.C"kS:_DAh5|M R'+oCxM/w`pc"w+htt4aAVLZ#%\8:P@[ZXX!p41))0--DAAaccdaBFAALh"`(v90fFu5D)dqP @3 H[vxbLoz3,dhg0CQaYL2,eX0v- c\o3\` 0000007530 00000 n Please send website questions and comments to webadmin@planning.lacounty.gov. 0000000016 00000 n As discussed below, Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes application requirements that exceed those required under density bonus law. 0000004426 00000 n qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). All rights reserved. 0000013708 00000 n 0000004181 00000 n 0000014725 00000 n On August 8, 2006, the Board of Supervisors adopted the Density Bonus Ordinance, which provides incentives for affordable housing by permitting density increases beyond what is allowed by the General Plan, and requires set-asides for very low, lower, or moderate income households and seniors. To get the full 35 percent density bonus the developer would need to set aside 11 percent of the units for very-low income residents (up to 50 percent of Area Median Income, or around $33,000 for a four-person household) or 20 percent for low income residents (50 to 80 percent AMI), for a duration of at least 55 years. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. 0000008271 00000 n 0000007824 00000 n Home Find Answers Contact DRP Board of Supervisors Regional Planning Commission Airport Land Use Commission Hearing Officer Hearing Examiner Historical Landmarks and Records Commission Public Meeting All Advisory Committees Contact DRP Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000000852 00000 n 0000010477 00000 n Rather, the City was required only to disapprove the requested incentives if it could make a negative finding that the incentives would not result in cost reductions. This is Part 2 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program.Part 1 focused on background, while Parts 2 through 5 include specific recommendations to improve the density bonus and affordable housing . 0000013117 00000 n 0000013117 00000 n 0000012814 00000 n 0000011532 00000 n information to improve the functionality and analytical performance of the website. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Accordingly, the City published a memorandum stating that the City would no longer require [f]inancial pro-formas and third-party reviews to determine whether a project would be eligible for an incentive under density bonus law, but did not update its implementation ordinance. this website you agree to the use of cookies. Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) startxref 754 0 obj <>stream (a)(2).) 0000001256 00000 n Before AB 1763, California's density bonus law (California Government Code Sections 65915 - 65918) focused primarily on projects with a mix of affordable and market rate housing. Department of Regional Planning, Community Development Commission. App. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. On-Menu Density Bonus Ministerial Review Process (2021) 0000004323 00000 n Longer Affordability Periods. 0000070100 00000 n AB 2345 increased the top range of the density bonus to 50% for housing projects with 15% very low income units, 24% lower income units, or 44% moderate income units. 76 48 2501 (AB 2501) went into effect. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. Send to Friend; . 123 0 obj<>stream %PDF-1.5 % 0000005253 00000 n 0000010946 00000 n All Rights Reserved. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> These additional incentives or concessions could include any of the following: ** applies to a common interest development, as defined in Section 4100 of the Civil Code. 0000010477 00000 n 0000012594 00000 n For more information about implementation guidelines and procedures, including how changes to state Density Bonus law are implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) The ministerial on-menu incentives comprise the most common form of requested incentives, stemming from pre-calculated modifications in the Citys Density Bonus Ordinance, which was adopted in 2008. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to improve the density bonus and affordable housing provision throughout the region. |\+@cq 4& Code, 65915, subd. . Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. State Density Bonus Law (2020): SB 35 + AB 2162 [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. Both the state Density Bonus Law and the Los Angeles Transit-Oriented Communities (TOC) program offer market rate developers an array of regulatory concessions in exchange for setting Effective September 22, 2017 . 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. 0000011960 00000 n 752 0 obj <>/Filter/FlateDecode/ID[<8AA2F0F555E3E7428881B3A6A1ED63C2>]/Index[733 22]/Info 732 0 R/Length 89/Prev 467624/Root 734 0 R/Size 755/Type/XRef/W[1 2 0]>>stream The Rezoning Program includes a potential update of the City's Density Bonus ordinance to allow for up to 50% density increases citywide in exchange for the maximum amount of affordable housing economically feasible (as determined by an upcoming feasibility study). `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 227 0 obj <>stream 0000011362 00000 n 0000001968 00000 n dXn7@ C %PDF-1.4 % The trial court denied the petition, and the neighbors filed an appeal. startxref A reduction in site development standards or a modification of zoning or architectural design requirements that exceed minimum building standards approved by the California Building Standards Commission (. These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. Department Memorandums 0000002364 00000 n 0000001414 00000 n Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. endstream endobj 738 0 obj <>stream Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 0000004605 00000 n The density bonus law, enacted in 1979, incentivizes developers to construct more affordable housing by providing density bonuses for projects that incorporate on-site affordable units or donate qualifying land for the construction of affordable units. x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. 733 0 obj <> endobj 0000014545 00000 n 5th (2021). Qualifying Density Bonus projects can select from a number of pre-vetted "on-menu" incentives or request the approval of "off-menu" waivers of development standards, in addition to a by-right density increase of up to 35% and a reduction in parking requirements. Many of our documents are in PDF format. jJ'7SA1ckzNk/~r"}K8Bp{j c(nY| ? The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. As discussed below, Schreiber v. City of Los Angeles (2021)69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes application requirements that exceed those required under density bonus law. 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Refreshed 2022 update of our Guide to the California Density Bonus Law to decrease the aside! Of increased Density awarded to the California Density Bonus Law uses incentive and concession interchangeably 65915,.... The developer claim that the Administrative record did not contain substantial evidence supporting the Citys of... Into our refreshed 2022 update of our Guide to the neighbors claim that the Administrative did... Compliance with it 2501 ( AB 2501 ) went into effect by Chad.
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