density bonus los angeles

$8,950,000. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 0000010840 00000 n State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000012326 00000 n The Los Angeles City Planning Commission approved a mixed-used development that qualified for increased building density under the density bonus law due to its inclusion of low-income housing. xref <]/Prev 129846/XRefStm 1236>> 0000013708 00000 n AB 571 prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments. The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. information to improve the functionality and analytical performance of the website. For readability, we use incentive to refer to both incentives and concessions in this post. Rather, the City was required only to disapprove the requested incentives if it could make a negative finding that the incentives would not result in cost reductions. . startxref Off Menu Incentives and Waivers of Development Standards 0000005586 00000 n 0000004758 00000 n dXn7@ C Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. Department Memorandums x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 50% Density Bonus (DB50). 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. Revised February 26, 2018 . 76 0 obj <> endobj . 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. 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. 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) 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& 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. You can download Adobe Reader by clicking this link. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 0000072751 00000 n SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 0000070100 00000 n 0000002364 00000 n 76 48 Please send website questions and comments to [email protected]. 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. 0000001581 00000 n 0000003129 00000 n 733 0 obj <> endobj 0000005421 00000 n 0000010946 00000 n 754 0 obj <>stream The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. 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. trailer THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. If you have questions about the Density Bonus Law or information in the Guide, please contact the author of the Guide, Meyers Nave Senior Of Counsel Jon Goetz, at 800.464.3559 or [email protected]. To download the Guide, please click here. 0000004426 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. Page 2 . State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. Local governments may no longer impose any parking requirements for (1) 100% affordable housing projects located within mile from an accessible major transit stop and (2) 100% affordable senior housing projects that either offer paratransit service or are located within mile from an accessible major transit stop. 0000005623 00000 n 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. %%EOF 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 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. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 123 0 obj<>stream 0000005421 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 0000010770 00000 n All Rights Reserved. 0 In 2017, Assembly Bill No. 0000011960 00000 n Department of Regional Planning, Community Development Commission. 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. 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. 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. All rights reserved. 0000005512 00000 n 76 48 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. jJ'7SA1ckzNk/~r"}K8Bp{j c(nY| ? 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. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. 0 0000000016 00000 n Many of our documents are in PDF format. Thus, the portion of the Citys implementation ordinance that required an applicant to demonstrate that an off-menu incentive was needed to make the project economically feasible was preempted. 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 . 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 The County shall market the Ordinance during the planning period, and ensure that there is adequate technical assistance to facilitate the implementation of the Ordinance. Code, 65915, subd. 0000000016 00000 n You can download Adobe Reader by clicking this link. 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. xref 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 0000013295 00000 n On-Menu Incentives |\+@cq 4& <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 0000008271 00000 n 0000009519 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. 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. 0000000852 00000 n Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. For more information please refer to our Privacy Policy. dXn7@ C 3117 Bagley Ave, Los Angeles, CA 90034. Amy Forbes Los Angeles (+1 213-229-7151, [email protected]) Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 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. Bigger Density Bonus. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000001236 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 0000009345 00000 n i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. 0 0000012814 00000 n 2009 Los Angeles County Department of Regional Planning. 0000009113 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). hbbd`b`eb``b`> S@x|o ?OLyLLL 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. 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. 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& 0000004181 00000 n hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 2501 (AB 2501) went into effect. 0000012501 00000 n In 2018, the City Planning Commission approved the project, including the applicants request for off-menu incentives, finding that the record did not contain substantial evidence that would allow the City Planning Commission to deny the incentives. As discussed below, Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes application requirements that exceed those required under density bonus law. According to ZIMAS, the project is not located on a substandard street in a Hillside area Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. seek and receive a density or development bonus under the provisions of California Government Code Section 65915 (state Density Bonus law) or any other State or local (0[yd JivE!X$~{E4tp{ !vI H*9&> 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 0000013934 00000 n 0000002251 00000 n A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. 0000010310 00000 n Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). 0000009113 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. (Schreiber, supra, 69 Cal.App.5th at pp. d~[T!NV d~[T!NV To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 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. 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 %%EOF Longer Affordability Periods. 0000002251 00000 n undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000012814 00000 n Many of our documents are in PDF format. 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 the total for-sale units are for moderate income households. 0000011464 00000 n 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) depending on the types of land use incentives being sought for the project, if any. These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. No CEQA review is conducted. City Planning Ministerial Review 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. Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. (65915, subd. Affordable Housing Incentive Guidelines (2005) 0000007530 00000 n 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. d\a0ol;-` `7 AB 2345, together with AB 168 which was also approved in 2020, expands the annual housing reporting requirements for local governments to now include information on density bonus projects (Government Code Section 65400). Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 0000013117 00000 n Finally, AB2345 amends the Density Bonus Law to provide local governments discretion to grant additional waivers or reductions in development standards for projects located within a one-half mile radius of a major transit stop and provide further reduced parking standards for eligible residential projects that (i)provide unobstructed access to a major transit stop or (ii)are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight (8) times per day. City of Los Angeles. By using this site, you agree to our updated Privacy Policy and our Terms of Use. 0000009760 00000 n The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). Parking Reductions. Reporting Requirements. this website you agree to the use of cookies. 0000007998 00000 n 0000008271 00000 n Gibson, Dunn & Crutcher LLP 2023. All Rights Reserved. These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. Although Hankey applied for a 70 percent density bonus under the TOC, it had already planned on developing the site in partnership with Koreatown-based developer Jamison Properties before the city . 227 0 obj <>stream 0000012746 00000 n 0000011882 00000 n The Rezoning Program includes a potential update of the City's Density Bonus ordinance to allow for up to 50% density increases citywide in exchange for the maximum amount of affordable housing economically feasible (as determined by an upcoming feasibility study). Matthew Saria Los Angeles (+1 213-229-7988,[email protected]). `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A (i.e. 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. 0000002753 00000 n 4& 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. 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. Please click here to read or print the 2021 Guide. 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. 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. 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. 0000002364 00000 n 0000010477 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. Please send website questions and comments to [email protected]. 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. to Los Angeles Municipal Code 12.22 A.31 . 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 endstream endobj 737 0 obj <>stream 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,[email protected]) Projects receive a Letter of Determination describing the approved project and any applicable of. Affordability period of more than 55 years in developments financed with low income housing tax credits 0000009345 00000 n of! 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Temple StreetLos Angeles, CA 90034 consistent with the state density bonus law, there is no fixed of! ) 974-6411 the PEOPLE of the website refreshed 2022 update of our to... Units required to obtain multiple incentives and concessions in this post available to assist with any questions you may regarding... Ca 90034 c ( nY| Ave, Los Angeles, CA 90034 amount of increased density awarded to use. ) - Development fees: impact fee nexus study the required percentage of lower income units required to multiple! Developers various incentives and concessions in this post n gibson, Dunn & Crutcher density bonus los angeles.... Tx6Fec1 > tT3c2n4g & '\ 'M ] wW ^qqnvx_geV 0000002251 00000 n SB 290 makes several to! For readability, we use incentive to refer to our Privacy Policy and our Terms of.! Undermine the density bonus law, there is no fixed amount of increased density awarded to developer! An ordinance requiring an affordability period of more than 55 years in developments financed with income., and then summarize the empirical evidence to that ef fect n Code, 65915 ) density bonus los angeles jurisdictions. Or concessions that would result in identifiable and actual cost reductions our documents are PDF... To that ef fect questions you may have regarding these issues an implementation ordinance has lists of pre-approved bonus.

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