2009 Los Angeles County Department of Regional Planning. 0000010660 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. hDj:.XpD$P 0000013117 00000 n 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. 76 0 obj <> endobj Parking Reductions. 4& 0000002922 00000 n These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). xref The local approving government has the burden of proof in defending the denial of a requested concession or incentive. Program Incentives. 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. xref d~[T!NV endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . Many of our documents are in PDF format. 0000010477 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. 0000014725 00000 n The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 0000001256 00000 n 0000001581 00000 n Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 0000009728 00000 n Discretionary Review 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. 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. LADBS Ministerial Review 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. 0000014545 00000 n Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). 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. 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. 0000004758 00000 n Share. 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. 0000004426 00000 n For readability, we use incentive to refer to both incentives and concessions in this post. 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. For more information please refer to our Privacy Policy. 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. 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 . 0000013934 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 [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000070100 00000 n 0000004181 00000 n 0000004758 00000 n 0000014725 00000 n On-Menu Incentives 0000013527 00000 n 0000005549 00000 n State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000013934 00000 n 76 48 Many of our documents are in PDF format. 0000005253 00000 n 0000005981 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 . Incentives and Concessions. 0000004605 00000 n $2,000,000. 0000002364 00000 n The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 0000007998 00000 n Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 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. 0000011362 00000 n Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) 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. Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Implementation of State Density Bonus Law (2017) Density Bonus Law Impacts and Schreiber v. City of Los Angeles. 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. 4& This website uses cookies that only record anonymous statistical data not individually identifiable personal $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 Legislative Change Increases Density Bonus Amount and Parking Benefits. To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. 201 27 . Longer Affordability Periods. 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. Code, 65915, subd. 227 0 obj <>stream Replacement of Existing Residential Dwelling Units. Access Los Angeless enabling ordinance for the State Density Bonus Program. You can download Adobe Reader by clicking this link. No CEQA review is conducted. 0000013295 00000 n 0000002251 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. 0000009519 00000 n 0000002030 00000 n 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) Finally, AB2345 amends the Density Bonus Law to provide local governments discretion to grant additional waivers or reductions in development standards for projects located within a one-half mile radius of a major transit stop and provide further reduced parking standards for eligible residential projects that (i)provide unobstructed access to a major transit stop or (ii)are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight (8) times per day. Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. 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. endstream endobj startxref 2009 Los Angeles County Department of Regional Planning. %PDF-1.6 % All Rights Reserved. 0000005586 00000 n dXn7@ C i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. 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. 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 AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 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. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 0000013527 00000 n Some local jurisdictions adopt implementation ordinances that modify or add to the requirements of density bonus law, and many jurisdictions fail to update their implementation ordinances when density bonus law is amended. 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. These practices can lead to inconsistencies between state law and local ordinances. 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. 0000010840 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. 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. 0000011882 00000 n 50% Density Bonus (DB50). 733 0 obj <> endobj 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. 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.
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