In early 2008, their decisions came under attack in two lawsuits that focused on the city's effort to exempt from environmental review outsize projects that applied for the "density bonus . The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 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. 0000011464 00000 n [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. 0000012814 00000 n 0000009345 00000 n 0000002251 00000 n 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. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! 0000011960 00000 n 0000007998 00000 n (a).) 0000004181 00000 n 0000010477 00000 n 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. 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. 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. City Planning Ministerial Review Limits on Impact Fees. 0000001968 00000 n 123 0 obj<>stream 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. Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 0000005253 00000 n Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. xref 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. These projects are not subject to an appeal. 0000013117 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. 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. 0000002233 00000 n 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) 0000008950 00000 n 0000001414 00000 n $8,950,000. 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. 0000009113 00000 n AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 0000010840 00000 n (Schreiber, supra, 69 Cal.App.5th at pp. Parking Reductions. Code, 65915, subd. The local approving government has the burden of proof in defending the denial of a requested concession or incentive. 0000009519 00000 n 0000010310 00000 n 0000010946 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. 0000000016 00000 n App. 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. %%EOF 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 0000010946 00000 n %PDF-1.6 % 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. 3117 Bagley Ave, Los Angeles, CA 90034. 0000007824 00000 n 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. 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. 0000014725 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 0000068446 00000 n $2,000,000. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 0000008271 00000 n Density Bonus Policy 0000013527 00000 n 0000011532 00000 n Page 2 . 0000004022 00000 n d\a0ol;-` `7 You can download Adobe Reader by clicking this link. 0000011960 00000 n hL 0UADCB~87(c}K$qmg~wv/>J2EP 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. 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. 0000005512 00000 n }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg startxref 4& 0000012326 00000 n 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. 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. 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. 0000013117 00000 n x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F a154&c|+4& Under the Citys density bonus law implementation ordinance, where an applicant requests an off-menu incentive, the Citys implementation ordinance states that an applicants request shall include a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the [projects affordable housing units] economically feasible. (L.A. Mun. 0000012110 00000 n 0000013295 00000 n Density Bonus serves as a local incentive program, and is designed to encourage the production of on-site affordable housing in neighborhoods where multi-family zoning is allowed. Longer Affordability Periods. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. Terms under which this service is provided to you. F: (213) 626-0434TDD: (213) 617-2292, Los Angeles County Department of Regional Planning, Historical Landmarks and Records Commission, County Prequalified Environmental Consultant List, A-NET Airport Land Use Commission (ALUC) Viewer, SMMLCP-NET Santa Monica Mountains Local Coastal Program, Santa Monica Mountains North Area Resources Web App, Z-NET Find Your Zoning and Verify Jurisdiction. 0000009728 00000 n 0000002030 00000 n 0000014545 00000 n Department Memorandums In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. hDj:.XpD$P However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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. 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. 0000012814 00000 n 0000007998 00000 n 76 0 obj <> endobj These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. By continuing to browse 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. Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 0000070100 00000 n 0000004181 00000 n SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. Discretionary Review 201 27 0000005421 00000 n 0000012501 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. %%EOF 0000011362 00000 n Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. For more information please refer to our Privacy Policy. 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. 0000011691 00000 n LADBS Ministerial Review d~[T!NV (Affordable units for moderate income households still must be for-sale units and may not be rental units). tPxd?.KM.1 alc{0! 0000014725 00000 n Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) 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. 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. 0000010310 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 . xref 0000002364 00000 n 0000012501 00000 n Where appropriate, promote such development through incentives. 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. No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. 0000004758 00000 n 0000004605 00000 n Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). 0000005737 00000 n 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. 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. 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 xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. 0000010660 00000 n 0000000016 00000 n Program Incentives. 0000013934 00000 n These practices can lead to inconsistencies between state law and local ordinances. 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. 2009 Los Angeles County Department of Regional Planning. trailer 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. 0000009760 00000 n density bonus) depending on the types of land use incentives being sought for the project, if any. 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. 76 48 dXn7@ C Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 0000009519 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. 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). State Density Bonus Law (2015): AB 744. 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. Share. 0000001256 00000 n 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. 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. |\+@cq 4& undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. All Rights Reserved. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 0000001256 00000 n Both the state Density Bonus Law and the Los Angeles Transit-Oriented Communities (TOC) program offer market rate developers an array of regulatory concessions in exchange for setting [2] Density bonus law uses incentive and concession interchangeably. (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . %PDF-1.4 % 0000014545 00000 n The court found that a City of Los Angeles ordinance requiring density bonus applicants to submit information to show incentives and concessions are needed to make the project economically feasible was preempted by state density bonus law because the requirement was based on a former version of the law that has since been revised. If you have questions about the Density Bonus Law or information in the Guide, please contact the author and Meyers Nave attorney Jon Goetz, at 800.464.3559 or jgoetz@meyersnave.com. 76 48 xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000005623 00000 n 0000013527 00000 n To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 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. 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). 0000012594 00000 n 0000010660 00000 n 0000004605 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H 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. 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. . These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 0000011691 00000 n 0000012780 00000 n 0000013708 00000 n . 0000002753 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . hDj:.XpD$P On-Menu Incentives (i.e. Department of Regional Planning, Community Development Commission. 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. 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. 0 dXn7@ C 0000009345 00000 n 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. A project is eligible for one or more incentives, depending on the amount of affordable units that have been set aside for very low, lower, or moderate income households. The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . 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 . Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 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). 0000012780 00000 n 0000008271 00000 n trailer endstream endobj 737 0 obj <>stream This website uses cookies that only record anonymous statistical data not individually identifiable personal 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 0000008950 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 0000001968 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 4& 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. Send to Friend; . Read up on housing activity and trends across the City. 0000000016 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. 0 Parking Reductions. Bigger Density Bonus. The trial court denied the petition, and the neighbors filed an appeal. Access Los Angeless enabling ordinance for the State Density Bonus Program. Please send website questions and comments to webadmin@planning.lacounty.gov. /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\` 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. 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. These determinations may not be appealed after the CPC acts. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 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. Terms under which this service is provided to you. 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. 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. to Los Angeles Municipal Code 12.22 A.31 . 555-556.) 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. To webadmin @ planning.lacounty.gov bonus applicants to submit pro formas or other check a density bonus projects. 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