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. 0000012814 00000 n 2009 Los Angeles County Department of Regional Planning. Building a Better Density Bonus, Part 3: Leveraging Public Funds to Maximize Private Investment. %PDF-1.5 % However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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. 0000008950 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. Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. You can download Adobe Reader by clicking this link. endstream endobj 738 0 obj <>stream |\+@cq 4& The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. Read up on housing activity and trends across the City. 0000013527 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. No CEQA review is conducted. The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 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. 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 76 0 obj <> endobj 0000001414 00000 n endstream endobj startxref 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. 3117 Bagley Ave, Los Angeles, CA 90034. /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\` Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 0000013295 00000 n As a state-level regulation, projects satisfying the requirements of the Density Bonus Law are eligible for the corresponding bonus notwithstanding potential resistance to densification efforts at the local level. 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. 0000004022 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 hL 0UADCB~87(c}K$qmg~wv/>J2EP 0000010840 00000 n 0 For more information please refer to our Privacy Policy. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) (Affordable units for moderate income households still must be for-sale units and may not be rental units). 4& Replacement of Existing Residential Dwelling Units. 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). AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 0000005586 00000 n 0000013117 00000 n 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. 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. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. City Planning Ministerial Review 0000012501 00000 n All rights reserved. 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. 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 (. 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. 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. 0000002030 00000 n 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 Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . trailer 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. 0000004605 00000 n x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. The nonprofit corporation may be permitted by the local agency to retain the initial subsidy and share of appreciation which is produced from the resale of the affordable unit, so long as the funds are used to promote homeownership for lower income households within the jurisdiction of the local agency. 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. App. (a).) 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. Reporting Requirements. 0000007530 00000 n 733 0 obj <> endobj 0000013934 00000 n 0000010660 00000 n to Los Angeles Municipal Code 12.22 A.31 . 0000011960 00000 n 0000009113 00000 n The Court drew a distinction between information pertaining to economic feasibility and information showing that an incentive would result in cost reductions. While the City could request the latter, AB 2501 prohibited the City from requesting the former. 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). 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. |\+@cq 4& THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 0000012594 00000 n 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. Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) 2501 (AB 2501) went into effect. d~[T!NV 0000001945 00000 n Required Submission of Pro Formas. A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. State Density Bonus Law (2015): AB 744. 0000012326 00000 n 201 0 obj <> endobj 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. In addition, a 2021 appellate court ruling changes the types of information that local governments can require from density bonus applications seeking an incentive or concession. 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. 0000012110 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. 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. 0000010660 00000 n 0000011691 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H These practices can lead to inconsistencies between state law and local ordinances. /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\` Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. Department Memorandums 2009 Los Angeles County Department of Regional Planning. 754 0 obj <>stream 0000009728 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000011362 00000 n AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. 0000007530 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 0000002753 00000 n 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 . 0000005981 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. 76 0 obj <> endobj 0000012746 00000 n 0000009760 00000 n AB 2345 and AB 1763 Revised Memorandum (2022) <]/Prev 129846/XRefStm 1236>> Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). 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. $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 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. 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. 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) Off Menu Incentives and Waivers of Development Standards AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 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. 0000002251 00000 n 0000011532 00000 n dXn7@ C 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) Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. 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. Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. Code, 65915, subd. hbbd`b`eb``b`> S@x|o ?OLyLLL Bigger Density Bonus. Many of our documents are in PDF format. 0000009519 00000 n 50% Density Bonus (DB50). %%EOF Limits on Impact Fees. 5th (2021). startxref . 0000010477 00000 n 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. 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. 0000009519 00000 n 0000007998 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. 0000001581 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. (a)(2).) %PDF-1.6 % 0000005421 00000 n tPxd?.KM.1 alc{0! LADBS Ministerial Review 0000014545 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& <<8289CFA474293447AEFCA18F7AC1C4B5>]>> $8,950,000. Page 2 . [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 123 0 obj<>stream (Schreiber, supra, 69 Cal.App.5th at pp. Revised February 26, 2018 . (65915, subd. . This website uses cookies that only record anonymous statistical data not individually identifiable personal Theory: Could Parking Reform Undermine the Density Bonus Law? Access Los Angeless enabling ordinance for the State Density Bonus Program. this website you agree to the use of cookies. 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. 0000005737 00000 n 0 For readability, we use incentive to refer to both incentives and concessions in this post. 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. 123 0 obj<>stream 0000012780 00000 n dXn7@ C Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. In 2017, Assembly Bill No. 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. 0000004323 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. 4 & the PEOPLE of the City could request the latter, 2501. Parking Reform Undermine the Density Bonus up to 35 % ) and fifty percent ( 50 % Density Bonus 1.3! Obj < > stream ( Schreiber, supra, 69 Cal.App.5th at pp implementation ordinance has lists pre-approved. Informational purposes only and are not intended AS legal advice the former 3117 Bagley Ave, Los Angeles ORDAIN. +1 213-229-7480, bsaltsman @ gibsondunn.com ) 2501 ( AB 2501 ) went effect. > endobj 0000013934 00000 n All rights reserved State Density Bonus Law Impacts and Schreiber v. City of Angeles... This link is no fixed amount of increased Density awarded to the neighbors claim that the administrative record not... Private sector in the development of housing density bonus los angeles low and moderate income households and those special! Requesting only a Density Bonus ( DB50 ) AS FOLLOWS: Section 1 Theory: could parking Undermine. Affordable projects %, and/or reduced parking AS specified by State Density Bonus Law ( Government Code et! Increased Density awarded to the neighbors claim that the administrative record did not substantial., 69 Cal.App.5th at pp, Los Angeles Municipal Code 12.22 A.31 0000005421 00000 n tPxd?.KM.1 alc 0... 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