0 0000012326 00000 n City of Los Angeles. Density bonus law (Gov. 0000012594 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. Access Los Angeless enabling ordinance for the State Density Bonus Program. Sitting on an approximately 14,029 square foot, corner lot with an LAC2 Zoning and TIER 3 TOC density bonus (to be verified by potential buyers) this offering . 0000012814 00000 n AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Please send website questions and comments to webadmin@planning.lacounty.gov. %PDF-1.4 % DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . 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 the total for-sale units are for moderate income households. 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. 0000011464 00000 n 0000002364 00000 n to Los Angeles Municipal Code 12.22 A.31 . Implementation of State Density Bonus Law (2017) 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. 0000009760 00000 n 0000010477 00000 n To be eligible for the maximum bonus, a project must set aside at least (i)fifteen percent (15%) of total units for very low income households, (ii)twenty-four percent (24%) of total units for low income households, or (iii) forty-four percent (44%) of for-sale units for moderate income households. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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. hbbd`b`eb``b`> S@x|o ?OLyLLL 2009 Los Angeles County Department of Regional Planning. %PDF-1.6 % 4& 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). Terms under which this service is provided to you. To download the Guide, please click here. 555-556.) Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 0000013934 00000 n 0000005253 00000 n 0000011532 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream 0000004758 00000 n This website uses cookies that only record anonymous statistical data not individually identifiable personal . 0000013527 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H Along with the Citys Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeless biggest driver in producing mixed-income and 100% affordable housing. dXn7@ C These incentives apply to projects that seek a limited increase in allowed height, floor area, and lot coverage, along with reductions to yard/setback, open space, and lot width requirements. 0000001256 00000 n 0000005586 00000 n The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. Share. 0000014545 00000 n Higher Density Bonus For housing projects where all units are affordable to low and very low income residents, AB 1763 more than doubles the density bonus to 80%. Limits on Impact Fees. 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. undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. In addition to the incentives and concessions summarized above, a local government is prohibited from applying any development standard that would physically preclude construction of the development with the density bonus and incentives and concessions to which the project is entitled. 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. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 0000002364 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. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! The trial court denied the petition, and the neighbors filed an appeal. 0000068446 00000 n 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. 0000010946 00000 n AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 0000002251 00000 n 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. Many of our documents are in PDF format. 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. |\+@cq 4& 0000005253 00000 n The Los Angeles City Planning Commission approved a mixed-used development that qualified for increased building density under the density bonus law due to its inclusion of low-income housing. Required Submission of Pro Formas. (65915, subd. {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. For more information please refer to our Privacy Policy. Please click here to read or print the 2021 Guide. 0000013117 00000 n 0000011691 00000 n 0000009113 00000 n In early 2008, their decisions came under attack in two lawsuits that focused on the city's effort to exempt from environmental review outsize projects that applied for the "density bonus . 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. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 0000010840 00000 n All rights reserved. trailer State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 d\a0ol;-` `7 You can download Adobe Reader by clicking this link. xref AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. State Density Bonus Law (2015): AB 744. This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000007998 00000 n 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. 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. 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. (Schreiber, supra, 69 Cal.App.5th at pp. 0000013708 00000 n 0000003129 00000 n Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. By using this site, you agree to our updated Privacy Policy and our Terms of Use. Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or moderate-income households. 0000005549 00000 n 0000005421 00000 n 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. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000012594 00000 n 0000007998 00000 n 0000004605 00000 n 0000009113 00000 n 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. 0000005623 00000 n 5th (2021). 76 0 obj <> endobj i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. 0000009345 00000 n 0000014725 00000 n In addition to the density bonus, developers of affordable projects are entitled to one or more incentives or concessions from the local jurisdiction to assist in the construction of the project, with the number based on the percentage of affordable units in the project. A reduction in site development standards or a modification of zoning or architectural design requirements that exceed minimum building standards approved by the California Building Standards Commission (. Affordable Housing Incentive Guidelines (2005) 201 27 Both the state Density Bonus Law and the Los Angeles Transit-Oriented Communities (TOC) program offer market rate developers an array of regulatory concessions in exchange for setting Read up on housing activity and trends across the City. Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) Rather, the City was required only to disapprove the requested incentives if it could make a negative finding that the incentives would not result in cost reductions. 0000001581 00000 n %PDF-1.5 % California Government Code Section 65943 to the Los Angeles City Planning Department on or after January 1, 2020, and requires a discretionary entitlement process with CPD. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. . . 0000011691 00000 n 0000002922 00000 n These additional incentives or concessions could include any of the following: ** applies to a common interest development, as defined in Section 4100 of the Civil Code. %PDF-1.5 % AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 0000001945 00000 n x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F a154&c|+4& 0000012746 00000 n 0000011960 00000 n 0000069288 00000 n %%EOF However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. d~[T!NV 0000009345 00000 n These practices can lead to inconsistencies between state law and local ordinances. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 0000011960 00000 n By continuing to browse 0000011362 00000 n 0000001968 00000 n 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. This change results in a significant reduction in required parking for transit-adjacent density bonus housing projects that include units with two or more bedrooms. 0000004426 00000 n Effective as of January1, 2021, Assembly Bill2345 (AB2345) amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 0000007824 00000 n (0[yd JivE!X$~{E4tp{ !vI H*9&> 0000010770 00000 n 0000012780 00000 n 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. Privacy Statement. 0000002233 00000 n 0000070100 00000 n Replacement of Existing Residential Dwelling Units. 0000008271 00000 n 0000000852 00000 n 0000002251 00000 n 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. 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