These determinations may not be appealed after the CPC acts. %PDF-1.6 % Developers can request off-menu incentives and waivers of development standards that extend beyond the incentives enumerated by State Density Bonus Law provided that applicants can demonstrate that their request is necessary to allow for the project's physical construction. 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. 0000008950 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 (a)(2).) 0000000016 00000 n d~[T!NV 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. 0000002364 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. xref Longer Affordability Periods. 0000008761 00000 n 0000011362 00000 n xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( Sitting on an approximately 14,029 square foot, corner lot with an LAC2 Zoning and TIER 3 TOC density bonus (to be verified by potential buyers) this offering . On-Menu Density Bonus Ministerial Review Process (2021) However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. . The Court drew a distinction between information pertaining to economic feasibility and information showing that an incentive would result in cost reductions. While the City could request the latter, AB 2501 prohibited the City from requesting the former. 0000005737 00000 n Density Bonus and Inclusionary Housing Plan to construct a new 3-story, 17-unit, 23,134 square-foot residential building, featuring two affordable units restricted to very-low income households with a one-level subterranean parking garage including 38 parking spaces. 0000012501 00000 n Clarifies that for purposes of qualifying for a density bonus, affordable units for very low or lower income households can be either rental or for-sale units. 0000004426 00000 n 0000002922 00000 n x]nP}$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& xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes. This is Part 5 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. 0000010946 00000 n The trial court denied the petition, and the neighbors filed an appeal. tPxd?.KM.1 alc{0! The legislation, Assembly Bill 2345, also reduces parking requirements for many projects qualifying for a density bonus, lowers some thresholds for obtaining incentives and concessions from local jurisdictions, and adopts density bonus reporting requirements. 0000007530 00000 n Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! Before 2021, the maximum density bonus was 35% for housing projects which included either 11% very low income units, 20% lower income units, or 40% moderate income units. Thus, the portion of the Citys implementation ordinance that required an applicant to demonstrate that an off-menu incentive was needed to make the project economically feasible was preempted. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. According to ZIMAS, the project is not located on a substandard street in a Hillside area 0000005253 00000 n For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 2009 Los Angeles County Department of Regional Planning. Department of Regional Planning, Community Development Commission. 0000013295 00000 n 0000002233 00000 n Affordable Housing Incentive Guidelines (2005) 0 0000013117 00000 n Many of our documents are in PDF format. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). In addition, a 2021 appellate court ruling changes the types of information that local governments can require from density bonus applications seeking an incentive or concession. 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. 0000009345 00000 n Terms under which this service is provided to you. 0000002922 00000 n <<8289CFA474293447AEFCA18F7AC1C4B5>]>> x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b 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. 76 0 obj <> endobj 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. 0000007824 00000 n 0000068446 00000 n 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. endstream endobj 737 0 obj <>stream Privacy Statement. 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. 0000012780 00000 n 0000007824 00000 n 0 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. 0000003255 00000 n 555-556.) 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. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 this website you agree to the use of cookies. 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. %%EOF 0000012326 00000 n 0000012110 00000 n Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Incentives & Concessions; Parking; Qualifying Units. Parking Reductions. 0000007998 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. City of Los Angeles. 0000005421 00000 n 0000013934 00000 n All Rights Reserved. Where appropriate, promote such development through incentives. |\+@cq 4& `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A (65915, subd. A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. trailer 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. 0000007768 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 (. 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. 0000004758 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. Along with the Citys Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeless biggest driver in producing mixed-income and 100% affordable housing. . No CEQA review is conducted. 0000003255 00000 n 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. trailer 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. . 0000003129 00000 n These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. jJ'7SA1ckzNk/~r"}K8Bp{j c(nY| ? State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000010840 00000 n 0000006234 00000 n Bigger Density Bonus. 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. Off Menu Incentives and Waivers of Development Standards 2009 Los Angeles County Department of Regional Planning. Program Incentives. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000009113 00000 n |\+@cq 4& 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. 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. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. These practices can lead to inconsistencies between state law and local ordinances. 0000001414 00000 n Send to Friend; . dXn7@ C The local approving government has the burden of proof in defending the denial of a requested concession or incentive. hbbd`b`eb``b`> S@x|o ?OLyLLL 0000011691 00000 n (Schreiber, supra, 69 Cal.App.5th at pp. to Los Angeles Municipal Code 12.22 A.31 . 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. Effective as of January1, 2021, Assembly Bill2345 (AB2345) amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components. For more information please refer to our Privacy Policy. 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. 754 0 obj <>stream startxref 76 48 [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. 0000008271 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. 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). 0000001968 00000 n 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. hDj:.XpD$P (a).) 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. trailer 0000013117 00000 n AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 0000007530 00000 n Limits on Impact Fees. 0000010660 00000 n 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. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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