State Density Bonus Law (2021): SB 290, SB 728, AB 634 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. 0000004605 00000 n
2009 Los Angeles County Department of Regional Planning. 555-556.) 0000014725 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. Required Submission of Pro Formas. 0000008761 00000 n
Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 0000012780 00000 n
hDj:.XpD$P A reduction in site development standards or a modification of zoning or architectural design requirements that exceed minimum building standards approved by the California Building Standards Commission (. }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. The nonprofit corporation may be permitted by the local agency to retain the initial subsidy and share of appreciation which is produced from the resale of the affordable unit, so long as the funds are used to promote homeownership for lower income households within the jurisdiction of the local agency. Replacement of Existing Residential Dwelling Units. Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or moderate-income households. This is Part 5 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. This is Part 3 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. Density Bonus Policy SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 0000011882 00000 n
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qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. All Rights Reserved. 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. 0000012501 00000 n
density bonus) depending on the types of land use incentives being sought for the project, if any. 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. The local approving government has the burden of proof in defending the denial of a requested concession or incentive. 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. For readability, we use incentive to refer to both incentives and concessions in this post. xb```a``Uc`c`H @16,p5
B?,\+~?f}7#ObL$( However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. 0000000016 00000 n
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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. 0000004022 00000 n
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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. 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 . 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. 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. Terms under which this service is provided to you. 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. 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. 2009 Los Angeles County Department of Regional Planning. 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. 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 Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! Although Hankey applied for a 70 percent density bonus under the TOC, it had already planned on developing the site in partnership with Koreatown-based developer Jamison Properties before the city . xref
For more information about implementation guidelines and procedures, including how changes to state Density Bonus law are implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) 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. `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A Department Memorandums %PDF-1.5
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Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 0000008950 00000 n
Density Bonus | Los Angeles City Planning Density Bonus 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. Share. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000013117 00000 n
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 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. 0000012594 00000 n
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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. 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). Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000011532 00000 n
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In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. Off Menu Incentives and Waivers of Development Standards
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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. d~[T!NV 0000010946 00000 n
To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. 0000001968 00000 n
These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. Theory: Could Parking Reform Undermine the Density Bonus Law? 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 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 . 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). this website you agree to the use of cookies. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 0000002233 00000 n
These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. 0000011691 00000 n
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Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. 0000013934 00000 n
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. 0000004426 00000 n
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13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. 0000012501 00000 n
The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Parking Reductions. 0000004426 00000 n
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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. Please send website questions and comments to webadmin@planning.lacounty.gov. Read up on housing activity and trends across the City. Program Incentives. 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. 733 0 obj
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Please send website questions and comments to webadmin@planning.lacounty.gov. 201 27
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a154&c|+4& 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. No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 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. : Sale of affordable Units to Nonprofit Corporations to density Bonus ordinance | DRP Los Angeles County of. 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