d~[T!NV Density Bonus is a State-mandated incentive program that allows qualifying residential projects to construct additional housing, in exchange for setting aside a percentage of those units as restricted affordable. tPxd?.KM.1 alc{0! 0 startxref 0000005253 00000 n 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. 0000004323 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . The local approving government has the burden of proof in defending the denial of a requested concession or incentive. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000000016 00000 n $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 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 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. For more information please refer to our Privacy Policy. 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. SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. State Density Bonus Law (2015): AB 744. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). State Density Bonus Law (2020): SB 35 + AB 2162 0000010310 00000 n The legislation, Assembly Bill 2345, also reduces parking requirements for many projects qualifying for a density bonus, lowers some thresholds for obtaining incentives and concessions from local jurisdictions, and adopts density bonus reporting requirements. 0000001256 00000 n $8,950,000. This is Part 5 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. (a).) 0000004758 00000 n To be eligible for the development bonus, at least 30% of the housing units must be restricted to lower income residents or 15% of the housing units must be restricted to very low income residents. Discretionary Review Please send website questions and comments to webadmin@planning.lacounty.gov. 0000007998 00000 n Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. 0000001968 00000 n 0000010310 00000 n City of Los Angeles. 0000001414 00000 n The Density Bonus Law allows qualifying developers, as a matter of right, to obtain lower parking space requirements than what would otherwise be required by local government standards. 0000072751 00000 n 0000010946 00000 n 123 0 obj<>stream Terms under which this service is provided to you. 0000010477 00000 n xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 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 (. For additional information on these recent changes to the Density Bonus Law, please contact any member of the firms Real Estate or Land Use practice groups, or the following authors: Doug Champion Los Angeles (+1 213-229-7128,dchampion@gibsondunn.com) 0000008950 00000 n By using this site, you agree to our updated Privacy Policy and our Terms of Use. 0000002922 00000 n An appellate court ruled in 2021 that local agencies cannot require density bonus applicants to submit pro formas or other documentation required to prove that requested incentives and concessions are necessary to make the housing development financially feasible. 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. You can download Adobe Reader by clicking this link. 0000002922 00000 n 0000009728 00000 n }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg 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 0000009113 00000 n Density Bonus and Inclusionary Housing Plan to construct a new 3-story, 17-unit, 23,134 square-foot residential building, featuring two affordable units restricted to very-low income households with a one-level subterranean parking garage including 38 parking spaces. This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000001968 00000 n State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) Schreiber found that both density bonus law and City code implementing it require the City to grant requested incentives unless the City can make findings that the requested incentives do not result in cost reductions or the incentives would have a specific, adverse impact on public health, safety, the physical environment, or any property listed in the California Register of Historical Resources. 0000011362 00000 n Send to Friend; . (Affordable units for moderate income households still must be for-sale units and may not be rental units). jJ'7SA1ckzNk/~r"}K8Bp{j c(nY| ? 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 . 0000011691 00000 n 0000011691 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000069288 00000 n trailer Department of Regional Planning, Community Development Commission. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. Legislative Change Increases Density Bonus Amount and Parking Benefits. xref A project is eligible for one or more incentives, depending on the amount of affordable units that have been set aside for very low, lower, or moderate income households. For readability, we use incentive to refer to both incentives and concessions in this post. endstream endobj 737 0 obj <>stream Program Incentives. %%EOF 0000009760 00000 n 0000003129 00000 n hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. LADBS Ministerial Review dXn7@ C Page 2 . Please send website questions and comments to webadmin@planning.lacounty.gov. 0000002753 00000 n AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. On-Menu Density Bonus Ministerial Review Process (2021) The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. Continue to promote the County Density Bonus Program to developers through the dissemination of brochures, presentations and web postings on the DRP web site, and by offering technical assistance to the public. The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! trailer The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). d~[T!NV 0000012746 00000 n No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. %%EOF 2009 Los Angeles County Department of Regional Planning. 0000007824 00000 n 76 48 The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 123 0 obj<>stream 0000000016 00000 n 0000005253 00000 n 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. Building a Better Density Bonus, Part 3: Leveraging Public Funds to Maximize Private Investment. (Schreiber, supra, 69 Cal.App.5th at pp. 0000002251 00000 n 0000004181 00000 n 0000011362 00000 n State Density Bonus Law (2021): SB 290, SB 728, AB 634 <<8289CFA474293447AEFCA18F7AC1C4B5>]>> According to ZIMAS, the project is not located on a substandard street in a Hillside area 0000012326 00000 n 0000004605 00000 n On-Menu Incentives These determinations may not be appealed after the CPC acts. In 2017, Assembly Bill No. %%EOF 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. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> Terms under which this service is provided to you. 0000007530 00000 n %PDF-1.5 % Parking Reductions. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 227 0 obj <>stream xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000008271 00000 n {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I 4& 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. 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. 201 0 obj <> endobj Many of our documents are in PDF format. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Following the Citys approval of the project, neighbors filed a petition for a writ of administrative mandate, arguing (1) that the Planning Commission abused its discretion when it approved the off-menu incentives without obtaining the required financial documentation and (2) that the Citys approval of the project was not supported by substantial evidence. 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 0000012594 00000 n 754 0 obj <>stream 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. Off Menu Incentives and Waivers of Development Standards AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). Replacement of Existing Residential Dwelling Units. dXn7@ C 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. 76 48 By continuing to browse Finally, AB2345 amends the Density Bonus Law to provide local governments discretion to grant additional waivers or reductions in development standards for projects located within a one-half mile radius of a major transit stop and provide further reduced parking standards for eligible residential projects that (i)provide unobstructed access to a major transit stop or (ii)are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight (8) times per day. 0 0000009728 00000 n |\+@cq 4& 0000003255 00000 n Share. Incentives and Concessions. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. By continuing to browse Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 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. 555-556.) According to the Planning Department's Housing Progress Dashboard, density bonus projects accounted for approximately 26,700 proposed residential units between 2016 and 2020 - more than 17 percent of the roughly 152,000 units planned during that time period. . Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable local limits in exchange for providing homes at below market rate (BMR) rents or costs. 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 0000008761 00000 n Transit Oriented Communities (TOC) Incentive Program, State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023), AB 2345 and AB 1763 Revised Memorandum (2022), On-Menu Density Bonus Ministerial Review Process (2021), State Density Bonus Law (2021): SB 290, SB 728, AB 634, State Density Bonus Law (2020): SB 35 + AB 2162, Implementation of State Density Bonus Law (2017), State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556, State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017), Affordable Housing Incentive Guidelines (2005). 0000013708 00000 n i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. AB 2345 and AB 1763 Revised Memorandum (2022) 0000002251 00000 n 0000003255 00000 n 0000013117 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. According to the Court, both density bonus law and the Citys implementation ordinance place the burden of proof on the City to overcome the presumption that the incentive would result in cost reductions. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. 2023 Meyers Nave, A Professional Corporation, Diversity Fellowship Program for 1L Students, Energy, Public Power and Telecommunications, Los Angeles Business Journal Names Amrit Kulkarni to 2023 List of Leaders of Influence: Minority Attorneys, Meyers Nave Elevates Richard D. Pio Roda to Equity Principal, Arlene Yang Appointed to the 2022-2023 National Asian Pacific American Bar Association Board of Governors, Meyers Nave Represents the Tongva Community in Historic Reclaiming of Ancestral Land in Los Angeles Area After 200 Years, Meyers Nave Obtains Dismissal of Two High-Stakes Federal Lawsuits Against the City of Los Altos Under the Telecommunications Act, Meyers Nave Celebrates Hispanic Heritage Month, Meyers Nave Welcomes Jeffrey Wilcox as Of Counsel to the Eminent Domain and Inverse Condemnation Practice, Super Lawyers Distinguishes Meyers Nave Lawyers in San Diego, Meyers Nave Elevates Camille Hamilton Pating to Equity Principal, Meyers Nave Elevates David Mehretu to Principal, Meyers Nave Secures Key Victory In California Supreme Court Confirming Application of Automatic Stay Pending Appeal to Mandatory Injunctions, Women's Initiative: Meet The Women Who Lead Practices at Meyers Nave, Guide to the California Density Bonus Law. 2501 (AB 2501) went into effect. startxref d\a0ol;-` `7 xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_ 5-{i|RV 1mgX)Hy ,NQj0: )RPzlP$)X=gE!2j"wq$F'2aqXk~bFK{Iz2?/qk,=Z:J Z3:{,B Where appropriate, promote such development through incentives. 0000004426 00000 n Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. 0000005549 00000 n Please click here to read or print the 2021 Guide. 0000010660 00000 n Parking Reductions. AB 571 prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments. 733 0 obj <> endobj AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 0000002030 00000 n 4& 0000005623 00000 n <]/Prev 129846/XRefStm 1236>> For more information please refer to our Privacy Policy. Theory: Could Parking Reform Undermine the Density Bonus Law? 0000012814 00000 n |\+@cq 4& The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. 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. hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 Density bonus ordinance: Density bonuses allow developers of market-rate housing to build higher-density housing, in exchange for having a certain portion of their units offered at affordable prices. To read or print the 2021 Guide CA 90034 Appointment Now Available 744. Appointment Now Available 0000013708 00000 n < ] /Prev 129846/XRefStm 1236 > > for more than forty years Californias... Tt3C2N4G & '\ 'M ] wW ^qqnvx_geV zoning: Density bonuses: affordable housing < > stream Terms which... 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