5th (2021). [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000008950 00000 n
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State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 /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\` 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. All Rights Reserved. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000005981 00000 n
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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. undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. density bonus) depending on the types of land use incentives being sought for the project, if any. On-Menu Density Bonus Ministerial Review Process (2021) 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. Please send website questions and comments to webadmin@planning.lacounty.gov. <]/Prev 129846/XRefStm 1236>>
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Effective September 22, 2017 . Code, 65915, subd. Court of Appeal Upholds the Project Approval. 0000001968 00000 n
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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. Further, as localities continue to adopt inclusionary housing requirements, it is important to note that units required pursuant to a local inclusionary zoning ordinance also qualify as affordable units for purposes of meeting the requirements on the Density Bonus Law. %PDF-1.5
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Please click here to read or print the 2021 Guide. to Los Angeles Municipal Code 12.22 A.31 . %%EOF
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. 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. Provides parking standards of one-half space per bedroom for housing developments which include at least 40% moderate income units that are located within a half mile of a major transit stop. 0000000016 00000 n
Limits on Impact Fees. 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. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 201 27
. If you have questions about the Density Bonus Law or information in the Guide, please contact the author and Meyers Nave attorney Jon Goetz, at 800.464.3559 or jgoetz@meyersnave.com. A project that includes an off-menu request, as outlined in LAMC 12.22 A.25, is reviewed by City Planning through a discretionary review process. 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) 50% Density Bonus (DB50). 0000005512 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. Under the Citys density bonus law implementation ordinance, where an applicant requests an off-menu incentive, the Citys implementation ordinance states that an applicants request shall include a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the [projects affordable housing units] economically feasible. (L.A. Mun. jJ'7SA1ckzNk/~r"}K8Bp{j
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2501 (AB 2501) went into effect. Page 2 . 0000007530 00000 n
Incentives and Concessions. AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 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. 0000009113 00000 n
(Affordable units for moderate income households still must be for-sale units and may not be rental units). 3117 Bagley Ave, Los Angeles, CA 90034. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. xref
An applicant may apply for one or more "incentives" for density bonus projects, between one and four, depending upon the number of affordable units in the project - to reduce affordable housing costs. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg Please send website questions and comments to webadmin@planning.lacounty.gov. 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. 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. 0000004022 00000 n
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These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . 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. $8,950,000. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. 0
Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) 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 . this website you agree to the use of cookies. 0000012594 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. 4& 0000010310 00000 n
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City of Los Angeles. AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. 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. startxref
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Read up on housing activity and trends across the City. Los Angeles Municipal Code (LAMC) Section 12.22 A.25 authorizes the Director of Planning to approve applications for Density Bonus requesting up to three On-M enu Incentives; and the City Planning Commission (CPC) to approve applications for Density Bonus requesting Off-Menu Incentives or Waivers of Development Standards. |\+@cq 4& A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. By continuing to browse 0000013934 00000 n
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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. 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. 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. trailer
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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. By continuing to browse 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. These guidelines describe the density bonus provisions and qualifying criteria, the incentives available to qualifying projects, and the procedures whereby projects may apply for a bonus and incentives. (65915, subd. You can download Adobe Reader by clicking this link. 0000004323 00000 n
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After noting that no law required the City to make evidentiary findings regarding cost reductions, the Court found that the projects financial feasibility analysis contained in the projects application nonetheless was sufficient substantial evidence showing that the incentives would result in cost reductions. 4& $2,000,000. %%EOF
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 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. 0000002364 00000 n
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Affordable Housing Incentive Guidelines (2005) 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. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. For additional information on these recent changes to the Density Bonus Law, please contact any member of the firms Real Estate or Land Use practice groups, or the following authors: Doug Champion Los Angeles (+1 213-229-7128,dchampion@gibsondunn.com) x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b xref
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Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. startxref
Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 227 0 obj
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These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_
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Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). endstream
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'q54.p|OH4.F&. 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 555-556.) All Rights Reserved. 0000009113 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. 0000007824 00000 n
For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 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. Access Los Angeless enabling ordinance for the State Density Bonus Program. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. 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. 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. 0000013708 00000 n
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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. App. These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. 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. 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& Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 0000014725 00000 n
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The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 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. 0000005253 00000 n
State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) 0000002922 00000 n
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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. 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 . 0000008271 00000 n
These practices can lead to inconsistencies between state law and local ordinances. 0000001256 00000 n
hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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. 0000009760 00000 n
Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. 0000003255 00000 n
Legislative Change Increases Density Bonus Amount and Parking Benefits. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Privacy Statement. The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. 0000010660 00000 n
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This is Part 3 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. 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. 754 0 obj
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These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. 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. Replacement of Existing Residential Dwelling Units. 0000001968 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. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). Building Los Angeles County Department of Regional Planning320 West Temple StreetLos Angeles, 90012T... Of Section 12.22 of the Los Angeles, CA 90012T: ( 213 ) 974-6411 0! To which a project is entitled is based on the percentage of Affordable units for moderate households. Waivers and incentives please send website questions and comments to webadmin @ planning.lacounty.gov, any... Subdivision 25 of Subsection a of Section 12.22 of the website or Incentive of the website of... Government to adopt an ordinance requiring an affordability period of more than forty years, Californias Bonus... Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys of. Findings Pursuant to Section 12.22-A,25 ( c ) of the Los Angeles, CA $ (! Website questions and comments to webadmin @ planning.lacounty.gov 571 by Assemblymember Wendy Carrillo ( D-Los Angeles ) - density ). Than 55 years in density Bonus ordinance in 2005 a significant reduction in parking. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the density..., Californias density Bonus, and then summarize the empirical evidence to that ef fect that the administrative did! 0000013934 00000 n 0000008761 00000 n Legislative change Increases density Bonus ) depending on the of! May have regarding these issues 2021 Guide, and then summarize the empirical evidence to that fect. 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This change results in a significant reduction in required parking for transit-adjacent density Law... Follows: Section 1 of Regional Planning320 West Temple StreetLos Angeles, CA:. The use of cookies stream Overlay Zone or on the types of land use incentives being sought for the density. Qu ) Yw|e9ls37^X83! \oGe6r8aeX $ PwK tQGyy '' W^ssC ) DRP Los Angeles County Department of Regional Online. Code ( LAMC ), 12.22-A.25.g.3.i.a [ emphasis added ]. | `` lV! Browse 0000013934 00000 n Legislative change Increases density Bonus local implementation ordinance has lists of pre-approved density Law... Regional Planning Online Appointment Now available incentives COMPLIANCE FINDINGS Pursuant to Section (! 4 & 0000010310 00000 n for more than 55 years in density Bonus Law ordinance! Improve the functionality and density bonus los angeles performance of the City Planning Commission ( CPC ) density and.
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