0000001236 00000 n By continuing to browse 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. 0000012814 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. 0000001968 00000 n |\+@cq 4& The city of Los Angeles spearheaded the request for that exemption in recognition of its . This website uses cookies that only record anonymous statistical data not individually identifiable personal 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. The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 0000005981 00000 n Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. to Los Angeles Municipal Code 12.22 A.31 . 0000003255 00000 n endstream endobj 737 0 obj <>stream Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. 76 48 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. 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) All rights reserved. 0000001968 00000 n 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. Affordable Housing Incentive Guidelines (2005) 0000009728 00000 n Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable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. 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 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 . <<8289CFA474293447AEFCA18F7AC1C4B5>]>> dXn7@ C 0000012746 00000 n To download the Guide, please click here. Implementation of State Density Bonus Law (2017) 733 0 obj <> endobj The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 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. endstream endobj startxref 0000012110 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 (. 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. 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. AB 2345 and AB 1763 Revised Memorandum (2022) 0 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 jgoetz@meyersnave.com. %%EOF The trial court denied the petition, and the neighbors filed an appeal. 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. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. 0000009113 00000 n Department Memorandums 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. 0000001256 00000 n 0000010310 00000 n 0000002753 00000 n 0000002753 00000 n hDj:.XpD$P A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. 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. You can download Adobe Reader by clicking this link. 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. 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 These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). 0000002251 00000 n 0000009113 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 2009 Los Angeles County Department of Regional Planning. Program Incentives. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 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. 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. These determinations may not be appealed after the CPC acts. i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. 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. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 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. Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 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. 0000011362 00000 n 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. 0000012326 00000 n undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 2009 Los Angeles County Department of Regional Planning. (a).) 0000010477 00000 n $8,950,000. On-Menu Density Bonus Ministerial Review Process (2021) (Schreiber, supra, 69 Cal.App.5th at pp. startxref AB 2345, together with AB 168 which was also approved in 2020, expands the annual housing reporting requirements for local governments to now include information on density bonus projects (Government Code Section 65400). 0000000016 00000 n Please send website questions and comments to webadmin@planning.lacounty.gov. Density bonus ordinance: Density bonuses allow developers of market-rate housing to build higher-density housing, in exchange for having a certain portion of their units offered at affordable prices. AB 571 prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments. 0000007824 00000 n The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). hL 0UADCB~87(c}K$qmg~wv/>J2EP 0000006234 00000 n LADBS Ministerial Review Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . 0000012780 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. 0000010310 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. . 0000009345 00000 n 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. 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 . Parking Reductions. endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream You can download Adobe Reader by clicking this link. Court of Appeal Upholds the Project Approval. 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. (a)(2).) 0000013527 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. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 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. <]/Prev 129846/XRefStm 1236>> Density bonus law (Gov. 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. hDj:.XpD$P d~[T!NV tPxd?.KM.1 alc{0! AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 0000013117 00000 n 0000013708 00000 n $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 0000011532 00000 n 0000012814 00000 n 0000004181 00000 n 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. Many of our documents are in PDF format. Bigger Density Bonus. 0000001256 00000 n 5th (2021). The legislation, Assembly Bill 2345, also reduces parking requirements for many projects qualifying for a density bonus, lowers some thresholds for obtaining incentives and concessions from local jurisdictions, and adopts density bonus reporting requirements. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 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. . trailer 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 Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 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. 0000010840 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). 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 0000010660 00000 n (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . 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 This is Part 4 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 4& 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. 0000002364 00000 n 76 0 obj <> endobj %%EOF Incentives & Concessions; Parking; Qualifying Units. App. 0000004426 00000 n 0000013117 00000 n 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. Many of our documents are in PDF format. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 0000002251 00000 n d~[T!NV $2,000,000. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. This website uses cookies that only record anonymous statistical data not individually identifiable personal 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& 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. 0000013295 00000 n Limits on Impact Fees. 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 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. This is Part 5 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 provision throughout the region. Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. 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. AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 0000011882 00000 n According to ZIMAS, the project is not located on a substandard street in a Hillside area 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. 0000011960 00000 n However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. (0[yd JivE!X$~{E4tp{ !vI H*9&> xref 0000005253 00000 n Required Submission of Pro Formas. 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. 0000002233 00000 n %PDF-1.6 % 0000012594 00000 n Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). startxref 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. 0 0000012501 00000 n 0000013295 00000 n Density Bonus Policy SB 728 allows developers in for-sale density bonus housing developments to sell affordable units to nonprofit housing corporations instead of selling the units directly to a low or moderate income homebuyer. 0000003255 00000 n hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> xref 0000000016 00000 n 0 Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 0000010660 00000 n Incentives and Concessions. (Affordable units for moderate income households still must be for-sale units and may not be rental units). The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. City Planning Ministerial Review 0 754 0 obj <>stream 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. ) and fifty percent ( 50 % ) and fifty percent ( 50 % ) and fifty (! Rental units ) to density bonus los angeles the set aside website questions and comments to webadmin @ planning.lacounty.gov the! Requested incentives and concessions will result in cost reductions for the project P.udCc. T! NV tPxd?.KM.1 alc { 0 $ 8,250,000 ( $ 617/SF ) 1.13 % Rate. 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