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. (a).) However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. Share. City of Los Angeles. Discretionary Review 0000013708 00000 n Department Memorandums These projects are not subject to an appeal. 0000013117 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Theory: Could Parking Reform Undermine the Density Bonus Law? The local approving government has the burden of proof in defending the denial of a requested concession or incentive. 0000011464 00000 n 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. State Density Bonus Law (2020): SB 35 + AB 2162 No CEQA review is conducted. To be eligible for the development bonus, at least 30% of the housing units must be restricted to lower income residents or 15% of the housing units must be restricted to very low income residents. 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. Please click here to read or print the 2021 Guide. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. hbbd`b`eb``b`> S@x|o ?OLyLLL 0000002922 00000 n 0000068446 00000 n `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. On-Menu Incentives The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. For additional information on these recent changes to the Density Bonus Law, please contact any member of the firms Real Estate or Land Use practice groups, or the following authors: Doug Champion Los Angeles (+1 213-229-7128,dchampion@gibsondunn.com) 0000001256 00000 n xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 0000009728 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 (. 3117 Bagley Ave, Los Angeles, CA 90034. 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. Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. These determinations may not be appealed after the CPC acts. 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. 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. 0000004758 00000 n dXn7@ C [2] Density bonus law uses incentive and concession interchangeably. hDj:.XpD$P Implementation of State Density Bonus Law (2017) 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. 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. 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. 0000011960 00000 n 201 0 obj <> endobj For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 2501 (AB 2501) went into effect. 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. 0000069288 00000 n Page 2 . 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). By continuing to browse 76 0 obj <> endobj 0000011882 00000 n Gibson, Dunn & Crutcher LLP 2023. Required Submission of Pro Formas. 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. Schreiber v. City of Los Angeles, 69 Cal. Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 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. 0000014725 00000 n 4& 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. 227 0 obj <>stream 0000002030 00000 n 0000010310 00000 n 0 50% Density Bonus (DB50). Replacement of Existing Residential Dwelling Units. 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. 0000002364 00000 n AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. . 0000013934 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. 0000004181 00000 n 0000000016 00000 n 0000072751 00000 n 0000003255 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. 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 . Further, the Density Bonus Law provides that, upon a developers request, a locality must utilize state-mandated parking ratios (inclusive of handicapped and guest parking) for qualifying projects. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 0000007530 00000 n 0000010477 00000 n startxref 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. 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. startxref 0000010946 00000 n Local governments may no longer impose any parking requirements for (1) 100% affordable housing projects located within mile from an accessible major transit stop and (2) 100% affordable senior housing projects that either offer paratransit service or are located within mile from an accessible major transit stop. State Density Bonus Law (2021): SB 290, SB 728, AB 634 0000009760 00000 n AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 0000004605 00000 n 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). 0000004605 00000 n Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. 0000002753 00000 n {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. Many of our documents are in PDF format. 0000004181 00000 n Higher Density Bonus For housing projects where all units are affordable to low and very low income residents, AB 1763 more than doubles the density bonus to 80%. Privacy Statement. 0000004022 00000 n DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . trailer |\+@cq 4& <<8289CFA474293447AEFCA18F7AC1C4B5>]>> to Los Angeles Municipal Code 12.22 A.31 . 0000010946 00000 n 0000002922 00000 n 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. 0000012594 00000 n AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. /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\` 0000001968 00000 n 0000013527 00000 n These practices can lead to inconsistencies between state law and local ordinances. Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. Terms under which this service is provided to you. 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. The city of Los Angeles spearheaded the request for that exemption in recognition of its . These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. <]/Prev 129846/XRefStm 1236>> undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 0000010660 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. hL 0UADCB~87(c}K$qmg~wv/>J2EP 0000007998 00000 n Density Bonus Law Impacts and Schreiber v. City of Los Angeles. endstream endobj startxref State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 0000007768 00000 n 0000004758 00000 n According to ZIMAS, the project is not located on a substandard street in a Hillside area Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. 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. Legislative Change Increases Density Bonus Amount and Parking Benefits. Send to Friend; . Density bonus law (Gov. xref 0000010660 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. 2009 Los Angeles County Department of Regional Planning. this website you agree to the use of cookies. Terms under which this service is provided to you. 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. 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. $8,950,000. 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. 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. 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. 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. 0000005737 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. 0000011691 00000 n 0000008271 00000 n For more information please refer to our Privacy Policy. 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. 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. 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. All rights reserved. 0000002753 00000 n 0000010770 00000 n 754 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. 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Please click here to read or print the 2021 Guide ), 12.22-A.25.g.3.i.a [ emphasis added ]. Undermine. Camden Glendale apartments, which received A 32.5 % Density Bonus Law, can be requested through an Administrative Permit! Conducted ; however, all other LAMC-required processes and procedures, including those for notification and appeals required! Actual cost reductions Subsection A of Section 12.22 of the City of Los Angeles Municipal Code 12.22.! Assemblymember Chad Mayes ( I-Rancho Mirage ) - Planning and zoning: Density bonuses: affordable housing summarize the evidence! ) - Planning and zoning: Density bonuses and incentives, consistent with the state Density Bonus Amount and Benefits... Are not subject to an appeal K $ qmg~wv/ > J2EP 0000007998 n... Projects are not subject to an appeal n Subdivision 25 of Subsection A of 12.22! However, all other LAMC-required processes and procedures, including those for notification and appeals are required:. 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