0000002251 00000 n 0000007824 00000 n 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. Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. %PDF-1.5 % 0000002922 00000 n 227 0 obj <>stream 76 0 obj <> endobj The city of Los Angeles spearheaded the request for that exemption in recognition of its . 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. 0000013527 00000 n 0000009728 00000 n 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 Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 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. . All Rights Reserved. This website uses cookies that only record anonymous statistical data not individually identifiable personal . 0000000016 00000 n (i.e. 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. 0000009113 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. 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implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable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. 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%. Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. Density Bonus Policy These projects are not subject to an appeal. 0000014545 00000 n d~[T!NV All rights reserved. information to improve the functionality and analytical performance of the website. These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. 4& this website you agree to the use of cookies. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 0000004605 00000 n 0000003255 00000 n 0000004758 00000 n (65915, subd. 0000000852 00000 n New legislation that took effect on January 1 of this year provides for up to a 50% density bonus to be granted to housing projects consisting of a mix of affordable and market-rate homes, up from the previous maximum 35% density bonus for mixed income developments. 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. 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. 0000010477 00000 n information to improve the functionality and analytical performance of the website. A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. Replacement of Existing Residential Dwelling Units. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). 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. 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. Access Los Angeless enabling ordinance for the State Density Bonus Program. The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). Implementation of State Density Bonus Law (2017) Theory: Could Parking Reform Undermine the Density Bonus Law? Parking Reductions. 0000002364 00000 n 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 . %PDF-1.4 % 0000014545 00000 n 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. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 0000011882 00000 n . 0000013934 00000 n Incentives and Concessions. . 0000001256 00000 n 2501 (AB 2501) went into effect. 0000005253 00000 n 0000001414 00000 n 0000008761 00000 n Eliminates the requirement that for-sale units for moderate income households must be in a common interest development in order to qualify for a density bonus. Send to Friend; . 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. 0000001256 00000 n 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 (. %%EOF 0000013934 00000 n trailer 0000001945 00000 n Where appropriate, promote such development through incentives. 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 76 48 3117 Bagley Ave, Los Angeles, CA 90034. 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. By continuing to browse Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 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. 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 . Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. 0000013708 00000 n Further, the Density Bonus Law provides that, upon a developers request, a locality must utilize state-mandated parking ratios (inclusive of handicapped and guest parking) for qualifying projects. Privacy Statement. 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. The trial court denied the petition, and the neighbors filed an appeal. Page 2 . AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. density bonus) depending on the types of land use incentives being sought for the project, if any. 0000010946 00000 n The local approving government has the burden of proof in defending the denial of a requested concession or incentive. 0000005981 00000 n 0000005253 00000 n 0000007768 00000 n State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000002233 00000 n 0000013117 00000 n 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. 0000010770 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. 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. (a)(2).) These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. tPxd?.KM.1 alc{0! Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. 0000010840 00000 n 0 Program Incentives. 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. 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. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Reporting Requirements. Many of our documents are in PDF format. 0 0000012326 00000 n 0000013295 00000 n 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. 0000012326 00000 n 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. 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 0000005512 00000 n 0000008950 00000 n hbbd`b`eb``b`> S@x|o ?OLyLLL On-Menu Density Bonus Ministerial Review Process (2021) 201 27 [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. xref AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. trailer 0000007530 00000 n 0000007824 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 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. State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) 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. Affordable Housing Incentive Guidelines (2005) 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. 123 0 obj<>stream Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 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. 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. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. 0000008271 00000 n 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). 0000004181 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 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. 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. These practices can lead to inconsistencies between state law and local ordinances. 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. 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. 0000003129 00000 n 0000011960 00000 n Revised February 26, 2018 . d~[T!NV On-Menu Incentives AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 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. xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000013527 00000 n The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 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 0 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. endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream 0000001581 00000 n 0000002251 00000 n Gibson, Dunn & Crutcher LLP 2023. 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. 0000009345 00000 n trailer AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. In addition to the density bonuses outlined above, projects satisfying the requirements of the Density Bonus Law are entitled to one or more development incentives or concessions that will result in identifiable and actual cost reductions to provide for affordable housing costs, so long as the incentive or concession will not have specific unmitigable adverse impacts upon public health and safety, the physical environment or on historic properties, and the incentive or concession is not contrary to state or federal law. Discretionary Review AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 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