For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. . 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-Menu Incentives 0000011960 00000 n Please send website questions and comments to webadmin@planning.lacounty.gov. 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 . (Affordable units for moderate income households still must be for-sale units and may not be rental units). These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . this website you agree to the use of cookies. Department of Regional Planning, Community Development Commission. (a)(2).) 0000011960 00000 n 0000012110 00000 n A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. 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. 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. 0000013117 00000 n 0000003255 00000 n 0000013708 00000 n This website uses cookies that only record anonymous statistical data not individually identifiable personal Los Angeles Municipal Code (LAMC) Section 12.22 A.25 authorizes the Director of Planning to approve applications for Density Bonus requesting up to three On-M enu Incentives; and the City Planning Commission (CPC) to approve applications for Density Bonus requesting Off-Menu Incentives or Waivers of Development Standards. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus 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. Privacy Statement. 0000004022 00000 n }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg 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. 201 0 obj <> endobj Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Longer Affordability Periods. 0000012814 00000 n (i.e. 0000007824 00000 n These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. 0000009345 00000 n 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. Along with the City's Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeles's biggest driver in producing mixed-income and 100% affordable housing. 0000005253 00000 n 0000072751 00000 n dXn7@ C 0000004181 00000 n The trial court denied the petition, and the neighbors filed an appeal. startxref 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. 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. 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. Send to Friend; . 0000000016 00000 n 0000011691 00000 n 0000001236 00000 n AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. Required Submission of Pro Formas. 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. %%EOF 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. DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . Please click here to read or print the 2021 Guide. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). 0000013934 00000 n Many of our documents are in PDF format. Page 2 . 0000014545 00000 n 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. to Los Angeles Municipal Code 12.22 A.31 . 0000011362 00000 n 0000013295 00000 n However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. endstream endobj 737 0 obj <>stream 0000005737 00000 n trailer Many of our documents are in PDF format. 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. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. On-Menu Density Bonus Ministerial Review Process (2021) 0000011882 00000 n City Planning Ministerial Review 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. 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. 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. 0000007530 00000 n To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. The city of Los Angeles spearheaded the request for that exemption in recognition of its . 4& %PDF-1.6 % 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. 0000002922 00000 n 0000007998 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. 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. Incentives and Concessions. (0[yd JivE!X$~{E4tp{ !vI H*9&> Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . 0000004022 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. 0000010770 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 (. 0000009519 00000 n Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 733 0 obj <> endobj 0000008271 00000 n d~[T!NV 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. 0000005421 00000 n 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 Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . . 227 0 obj <>stream You can download Adobe Reader by clicking this link. 0000013527 00000 n xref 0000003255 00000 n 0000001968 00000 n 0000010840 00000 n 0000005981 00000 n (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . 0000070100 00000 n /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\` 0000012326 00000 n These determinations may not be appealed after the CPC acts. You can download Adobe Reader by clicking this link. State Density Bonus Law (2021): SB 290, SB 728, AB 634 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. information to improve the functionality and analytical performance of the website. x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b Code, 65915, subd. 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. State Density Bonus Law (2020): SB 35 + AB 2162 0000005421 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, Guide to the California Density Bonus Law. (65915, subd. . The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 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. 0000012594 00000 n AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. 0000012746 00000 n 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. 0000005549 00000 n In 2017, Assembly Bill No. 555-556.) AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 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. %PDF-1.5 % 0000009345 00000 n By continuing to browse information to improve the functionality and analytical performance of the website. 754 0 obj <>stream Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. 0000007530 00000 n 0000013527 00000 n 0000004426 00000 n 0 Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 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. State Density Bonus Law (2015): AB 744. 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. 5th (2021). THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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 Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 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. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. . 76 48 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 0000010477 00000 n Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. . State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 0000006484 00000 n AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. Limits on Impact Fees. The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Affordable Housing Incentive Guidelines (2005) endstream endobj 738 0 obj <>stream The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). 0000007824 00000 n Court of Appeal Upholds the Project Approval. 0000010310 00000 n 0000007768 00000 n 0000002753 00000 n 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 . 0000014725 00000 n 0000005586 00000 n Read up on housing activity and trends across the City. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. xref 76 48 Department Memorandums 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. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). These projects are not subject to an appeal. 0000002233 00000 n x]nP}$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& 0000014545 00000 n 0000001256 00000 n 0000009113 00000 n xref $2,000,000. endstream endobj startxref 0000001945 00000 n Terms under which this service is provided to you. Theory: Could Parking Reform Undermine the Density Bonus Law? 0000010946 00000 n 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. , while Parts 2 through 5 include specific recommendations to result in identifiable and actual cost reductions while 2. The density bonus los angeles ordinance requires an applicant to DO more than forty years, Californias Density Bonus.... In identifiable and actual cost reductions legislation does not modify the 80 % Density Bonus required to be to. And analytical performance of the website Section65915 et seq. - Density Bonus:. Units, AS shown in the table below Temple StreetLos Angeles, CA 90012T: ( 213 ).... To you > endobj Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: 213. \Oge6R8Aex $ PwK tQGyy '' W^ssC ) and actual cost reductions W^ssC ) on activity! 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