0000013708 00000 n 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. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). 0000002233 00000 n x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b dXn7@ C Longer Affordability Periods. For more information about implementation guidelines and procedures, including how changes to state Density Bonus law are implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. 0000013934 00000 n These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. 76 48 trailer Court of Appeal Upholds the Project Approval. Legislative Change Increases Density Bonus Amount and Parking Benefits. 0000005586 00000 n hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 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. 0000013527 00000 n 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 Schreiber v. City of Los Angeles, 69 Cal. 2009 Los Angeles County Department of Regional Planning. 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. <]/Prev 129846/XRefStm 1236>> You can download Adobe Reader by clicking this link. $8,950,000. 733 0 obj <> endobj 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. 0000001256 00000 n 0000009113 00000 n Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 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. 0000004022 00000 n endstream endobj 738 0 obj <>stream Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. You can download Adobe Reader by clicking this link. . Program Incentives. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000002364 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. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). (Affordable units for moderate income households still must be for-sale units and may not be rental units). 0000014725 00000 n AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. %PDF-1.4 % 0000014725 00000 n %PDF-1.5 % 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). SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 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. 0000005421 00000 n 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. 0000002251 00000 n Building a Better Density Bonus, Part 3: Leveraging Public Funds to Maximize Private Investment. 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. 0000008271 00000 n City of Los Angeles. %%EOF 0000011691 00000 n Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 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. 0000012780 00000 n 0000007998 00000 n Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. (Schreiber, supra, 69 Cal.App.5th at pp. 0000013527 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, Guide to the California Density Bonus Law. 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. According to ZIMAS, the project is not located on a substandard street in a Hillside area 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. 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. Department of Regional Planning, Community Development Commission. 0000005549 00000 n 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. By continuing to browse 0000004605 00000 n 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. App. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> State Density Bonus Law (2020): SB 35 + AB 2162 0000005737 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. PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H 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. All Rights Reserved. 76 0 obj <> endobj 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 (i.e. %%EOF 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. State Density Bonus Law (2015): AB 744. 0000068446 00000 n . Affordable Housing Incentive Guidelines (2005) Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. In 2017, Assembly Bill No. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000008271 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. 0000002922 00000 n 0000011362 00000 n (a)(2).) 0000001236 00000 n The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 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. $2,000,000. Density Bonus is a State-mandated incentive program that allows qualifying residential projects to construct additional housing, in exchange for setting aside a percentage of those units as restricted affordable. (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . Incentives and Concessions. 0000014545 00000 n Density bonus ordinance: Density bonuses allow developers of market-rate housing to build higher-density housing, in exchange for having a certain portion of their units offered at affordable prices. Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. Eliminates the requirement that for-sale units for moderate income households must be in a common interest development in order to qualify for a density bonus. 0 (0[yd JivE!X$~{E4tp{ !vI H*9&> 0000013295 00000 n Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 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 0000002233 00000 n 0000004758 00000 n AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. These practices can lead to inconsistencies between state law and local ordinances. These determinations may not be appealed after the CPC acts. 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. A ) ( 2 ). Parking requirements for many projects located near accessible transit! An ordinance requiring an affordability period of more than 55 years in financed! Ab 2501 prohibited the City Planning Commission ( CPC ). density bonus los angeles Ave, Angeles... Could request the latter, AB 2501 prohibited the City Planning Commission ( CPC.. Ordinances can not impose affordability periods of more than 55 years in developments financed with low income tax... 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