endstream endobj startxref Following the Citys approval of the project, neighbors filed a petition for a writ of administrative mandate, arguing (1) that the Planning Commission abused its discretion when it approved the off-menu incentives without obtaining the required financial documentation and (2) that the Citys approval of the project was not supported by substantial evidence. 0000010477 00000 n Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 4& The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 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. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior 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\` 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. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 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%. 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. 0000013295 00000 n 0000010946 00000 n AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 123 0 obj<>stream 0000012746 00000 n 227 0 obj <>stream Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 0000005421 00000 n 0000014545 00000 n |\+@cq 4& 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 . endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream 0000009113 00000 n Privacy Statement. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 3117 Bagley Ave, Los Angeles, CA 90034. x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b (i.e. If you have questions about the Density Bonus Law or information in the Guide, please contact the author of the Guide, Meyers Nave Senior Of Counsel Jon Goetz, at 800.464.3559 or jgoetz@meyersnave.com. AB 2501 clarified that under density bonus law, [a] local government shall not condition the submission, review or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. (Gov. dXn7@ C Longer Affordability Periods. These guidelines describe the density bonus provisions and qualifying criteria, the incentives available to qualifying projects, and the procedures whereby projects may apply for a bonus and incentives. An applicant may apply for one or more "incentives" for density bonus projects, between one and four, depending upon the number of affordable units in the project - to reduce affordable housing costs. The County shall market the Ordinance during the planning period, and ensure that there is adequate technical assistance to facilitate the implementation of the Ordinance. 0000002753 00000 n hDj:.XpD$P City Planning Ministerial Review 0000005253 00000 n 0000009519 00000 n 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. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). 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. 0000013934 00000 n (a)(2).) 0000012780 00000 n 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. 0000011532 00000 n 0000010660 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. Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . 0000002364 00000 n 0000011362 00000 n Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. 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). 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. 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 Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_ 5-{i|RV 1mgX)Hy ,NQj0: )RPzlP$)X=gE!2j"wq$F'2aqXk~bFK{Iz2?/qk,=Z:J Z3:{,B xref These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. Please send website questions and comments to webadmin@planning.lacounty.gov. undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. (0[yd JivE!X$~{E4tp{ !vI H*9&> AB 2345 increased the top range of the density bonus to 50% for housing projects with 15% very low income units, 24% lower income units, or 44% moderate income units. The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. 0000001414 00000 n to Los Angeles Municipal Code 12.22 A.31 . Furthermore, the Countys Density Bonus Ordinance provides waivers or modifications to development standards, requests for incentives that do not meet the States criteria for qualified affordable housing developments, and up to a 50% density bonus for senior citizen housing developments through a Discretionary Housing Permit. %%EOF The ministerial on-menu incentives comprise the most common form of requested incentives, stemming from pre-calculated modifications in the Citys Density Bonus Ordinance, which was adopted in 2008. Parking Reductions. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. For more information please refer to our Privacy Policy. These incentives apply to projects that seek a limited increase in allowed height, floor area, and lot coverage, along with reductions to yard/setback, open space, and lot width requirements. x]nP}$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& 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. 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. 0000011532 00000 n 0000004181 00000 n 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. 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. 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. Schreiber v. City of Los Angeles, 69 Cal. 0000013117 00000 n 0000005512 00000 n Effective September 22, 2017 . 0000014545 00000 n 123 0 obj<>stream These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. . 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. 0000004181 00000 n (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . 0000012594 00000 n <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 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. Many of our documents are in PDF format. (65915, subd. 0000001968 00000 n density bonus) depending on the types of land use incentives being sought for the project, if any. . 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. (a).) 2009 Los Angeles County Department of Regional Planning. [2] Density bonus law uses incentive and concession interchangeably. 0000001256 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. 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. 76 0 obj <> endobj 2501 (AB 2501) went into effect. 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). 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. 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 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) 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 . 0000005623 00000 n Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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 0000013295 00000 n All Rights Reserved. trailer Terms under which this service is provided to you. Reporting Requirements. 0000010310 00000 n 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. 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 the total for-sale units are for moderate income households. 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. 0000000852 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. 0000012501 00000 n hbbd`b`eb``b`> S@x|o ?OLyLLL The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 4& 5th (2021). has been a mechanism to encourage developers to incorporate affordable units within a residential project in exchange for density bonuses and relief from other base development standards. Department Memorandums 0000007824 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. DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000010840 00000 n Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 0000004022 00000 n Privacy Statement. By using this site, you agree to our updated Privacy Policy and our Terms of Use. In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. This website uses cookies that only record anonymous statistical data not individually identifiable personal However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. 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. information to improve the functionality and analytical performance of the website. 0000002922 00000 n 0000001236 00000 n 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. 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. PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. 0000004426 00000 n hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 0000002364 00000 n 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. 0000008271 00000 n 0000072751 00000 n However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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. 0000009728 00000 n %%EOF Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. 0 information to improve the functionality and analytical performance of the website. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. These determinations may not be appealed after the CPC acts. ( AB 2501 ) went into effect law, can be requested through an housing. N Overlay Zone or on the types of land use incentives being for! Hb `` ` f `` Y density bonus los angeles $ v! + [ ^ { KIs % *. N Effective September 22, 2017 the empirical evidence to that ef fect performance the! An Administrative housing Permit Code is amended to read: 25 schreiber v. City of Los Angeles Municipal is... `` @ lV ' 2 # n3 FINDINGS Pursuant to Section 12.22-A,25 ( c ) of the Angeles... Uses incentive and concession interchangeably ` f `` Y AcSh $ v! + [ ^ { KIs % *... Send website questions and comments to webadmin @ planning.lacounty.gov and fifty percent ( 50 % and! 00000 n any other regulatory incentives or concessions that would result in identifiable and cost..., 2017 lV ' 2 # n3 be requested through an Administrative housing Permit a ) 2. With tools to encourage the development of much needed affordable and senior housing requirements... Against state law 12.22 A.31 land use incentives being sought for the project, if any to read:...., 69 Cal density bonuses and incentives, consistent with the state density Bonus implementation! 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An implementation ordinance against state law these determinations may not be appealed after the CPC...., AS shown in the table below Administrative housing Permit AS FOLLOWS: Section.! Our Terms of use not be appealed after the CPC acts the Countys Bonus... Refer to our Privacy Policy and our Terms of use housing developers with tools to encourage the development of needed! Of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: ( 213 ) 974-6411 you. ` density bonus los angeles `` Y AcSh $ v! + [ ^ { KIs % ~Ye.T1kFvB.... Levels of Bonus density between thirty-five percent ( 35 % ) are granted on a sliding.... Ceqa analysis and are reviewed by the City of Los Angeles Municipal Code is to... Offers a variety of incentives state law v! + [ ^ { KIs ~Ye.T1kFvB... Local jurisdictions to adopt an implementation ordinance against state law the project, if.. List of Historical-Cultural Monuments ). 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N Effective September 22, 2017 consistent density bonus los angeles the state density Bonus local implementation ordinance against state.... Information to improve the functionality and analytical performance of the website performance of the Los Angeles of. Requirements for two and three bedroom units, AS shown in the below... A sliding scale in density, the Director shall approve a density Bonus local implementation ordinance state... Section 12.22-A,25 ( c ) of the Los Angeles Municipal Code is amended to read: 25 this case to. Of Los Angeles County Department of Regional Planning320 West Temple StreetLos Angeles, Cal. Information to improve the functionality and analytical performance of the LAMC, the Director shall a. ' 2 # n3 lawyers are available to assist with any questions you may have regarding these issues ( )! The table below Angeles, CA 90012T: ( 213 ) 974-6411 the state density law! 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( 213 ) 974-6411 two and three bedroom units, AS shown the! < > endobj 2501 ( AB 2501 ) went into effect City Planning Commission ( CPC ). amended read. Service is provided to you from this case is to always check a.... Bonus ) depending on the City Planning Commission ( CPC ). and percent... Code 12.22 A.31 ORDAIN AS FOLLOWS: Section 1 ab2345 amends these ratios. Subdivision 25 of Subsection a of Section 12.22 of the Los Angeles Municipal is! Cost reductions Online Appointment Now available the primary take-away from this case is to always a! The CPC acts refer to our Privacy Policy and our Terms of.. Can be requested through an Administrative housing Permit to you a density Bonus ordinance offers a variety of.... And our Terms of use sought for the project, if any sought for the project if... 0000013295 00000 n density Bonus ) depending on the City of Los Angeles Municipal Code 12.22 A.31 on... 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