0000004758 00000 n State Density Bonus Law (2021): SB 290, SB 728, AB 634 Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. On-Menu Density Bonus Ministerial Review Process (2021) 0000005421 00000 n AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . 0000000016 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . 0000002233 00000 n 0000009345 00000 n SB 728 allows developers in for-sale density bonus housing developments to sell affordable units to nonprofit housing corporations instead of selling the units directly to a low or moderate income homebuyer. Share. 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. Terms under which this service is provided to you. d~[T!NV 0000012501 00000 n 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. All Rights Reserved. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 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 . Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Required Submission of Pro Formas. Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. California Government Code Section 65943 to the Los Angeles City Planning Department on or after January 1, 2020, and requires a discretionary entitlement process with CPD. Theory: Could Parking Reform Undermine the Density Bonus Law? 0000068446 00000 n 0000013934 00000 n 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. 0000004181 00000 n 0000002753 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: AB 2501, AB 2556, AB 2442, AB 1934 (2017) qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 0000010477 00000 n AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 0000014725 00000 n As a state-level regulation, projects satisfying the requirements of the Density Bonus Law are eligible for the corresponding bonus notwithstanding potential resistance to densification efforts at the local level. 2009 Los Angeles County Department of Regional Planning. Schreiber found that both density bonus law and City code implementing it require the City to grant requested incentives unless the City can make findings that the requested incentives do not result in cost reductions or the incentives would have a specific, adverse impact on public health, safety, the physical environment, or any property listed in the California Register of Historical Resources. 0000012326 00000 n 0000005737 00000 n Before 2021, developers of density bonus projects were automatically entitled to obtain parking requirements of two spaces for two and three bedroom homes by requesting that standard, but AB 2345 lowers this standard to one and one-half spaces for two and three bedroom homes. Some local jurisdictions adopt implementation ordinances that modify or add to the requirements of density bonus law, and many jurisdictions fail to update their implementation ordinances when density bonus law is amended. xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_ 5-{i|RV 1mgX)Hy ,NQj0: )RPzlP$)X=gE!2j"wq$F'2aqXk~bFK{Iz2?/qk,=Z:J Z3:{,B 0000011691 00000 n Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. Limits on Impact Fees. Density Bonus is a State-mandated incentive program that allows qualifying residential projects to construct additional housing, in exchange for setting aside a percentage of those units as restricted affordable. 76 48 x]nP}$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& The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 0000003129 00000 n These practices can lead to inconsistencies between state law and local ordinances. 0000000852 00000 n 754 0 obj <>stream information to improve the functionality and analytical performance of the website. %%EOF On-Menu Incentives 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 0000072751 00000 n to Los Angeles Municipal Code 12.22 A.31 . undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 0000002030 00000 n Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 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. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 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. /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\` Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) 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. 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. 0000012746 00000 n tPxd?.KM.1 alc{0! 0000010310 00000 n The local approving government has the burden of proof in defending the denial of a requested concession or incentive. Discretionary Review Replacement of Existing Residential Dwelling Units. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000004323 00000 n AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. 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 trailer trailer 0000010770 00000 n 0000014545 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. %%EOF 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). %PDF-1.6 % 2009 Los Angeles County Department of Regional Planning. i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. endstream endobj 738 0 obj <>stream 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. (Affordable units for moderate income households still must be for-sale units and may not be rental units). 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. startxref 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. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. 0000007998 00000 n (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . 0 A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. 0000010660 00000 n 0000011960 00000 n Court of Appeal Upholds the Project Approval. 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