0000012746 00000 n Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) 752 0 obj <>/Filter/FlateDecode/ID[<8AA2F0F555E3E7428881B3A6A1ED63C2>]/Index[733 22]/Info 732 0 R/Length 89/Prev 467624/Root 734 0 R/Size 755/Type/XRef/W[1 2 0]>>stream AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 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%. 0000002233 00000 n undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. endstream endobj startxref (a).) Revised February 26, 2018 . x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F a154&c|+4& 76 48 According to the Planning Department's Housing Progress Dashboard, density bonus projects accounted for approximately 26,700 proposed residential units between 2016 and 2020 - more than 17 percent of the roughly 152,000 units planned during that time period. As discussed below, Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes application requirements that exceed those required under density bonus law. 0000005512 00000 n 0000010770 00000 n 0000002364 00000 n 0000001968 00000 n Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000012110 00000 n xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 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. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. <]/Prev 129846/XRefStm 1236>> 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. 0000007998 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. Clarifies that for purposes of qualifying for a density bonus, affordable units for very low or lower income households can be either rental or for-sale units. 0000007998 00000 n dXn7@ C 0000002753 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . |\+@cq 4& 0000001945 00000 n 0000011882 00000 n 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. 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. 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) 0000002364 00000 n Longer Affordability Periods. 0000007530 00000 n Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. Both the state Density Bonus Law and the Los Angeles Transit-Oriented Communities (TOC) program offer market rate developers an array of regulatory concessions in exchange for setting 0000012501 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 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. information to improve the functionality and analytical performance of the website. . 0000013708 00000 n dXn7@ C $8,950,000. Following the Citys approval of the project, neighbors filed a petition for a writ of administrative mandate, arguing (1) that the Planning Commission abused its discretion when it approved the off-menu incentives without obtaining the required financial documentation and (2) that the Citys approval of the project was not supported by substantial evidence. The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 0000013295 00000 n Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. startxref An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. 0000009728 00000 n {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I hDj:.XpD$P 0000011532 00000 n 0000002922 00000 n %%EOF With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. This is Part 4 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. SB 728 allows developers in for-sale density bonus housing developments to sell affordable units to nonprofit housing corporations instead of selling the units directly to a low or moderate income homebuyer. Bigger Density Bonus. 0000005421 00000 n On-Menu Incentives In addition to the incentives and concessions summarized above, a local government is prohibited from applying any development standard that would physically preclude construction of the development with the density bonus and incentives and concessions to which the project is entitled. 0000004323 00000 n Density Bonus and Inclusionary Housing Plan to construct a new 3-story, 17-unit, 23,134 square-foot residential building, featuring two affordable units restricted to very-low income households with a one-level subterranean parking garage including 38 parking spaces. App. The amount of density bonus required to be given under Californias Density Bonus Law is set on a sliding scale based on the percentage of affordable units provided. In early 2008, their decisions came under attack in two lawsuits that focused on the city's effort to exempt from environmental review outsize projects that applied for the "density bonus . %PDF-1.6 % Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) 0000002030 00000 n 0000004022 00000 n hDj:.XpD$P For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 0000000016 00000 n d~[T!NV 0000004426 00000 n 0000069288 00000 n 0000000016 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. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 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. 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. 0000014725 00000 n 0000010477 00000 n . State Density Bonus Law (2015): AB 744. Replacement of Existing Residential Dwelling Units. xref 0000001256 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. Department of Regional Planning, Community Development Commission. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. 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. Share. 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. 0 Density Bonus Law Impacts and Schreiber v. City of Los Angeles. this website you agree to the use of cookies. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. trailer 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. 0000012814 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000011960 00000 n 0000005421 00000 n 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. Schreiber v. City of Los Angeles, 69 Cal. Legislative Change Increases Density Bonus Amount and Parking Benefits. Parking Reductions. 123 0 obj<>stream 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. $2,000,000. 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. Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. 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 . These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. 0000004181 00000 n Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . Off Menu Incentives and Waivers of Development Standards State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 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. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Please click here to read or print the 2021 Guide. 50% Density Bonus (DB50). 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. All Rights Reserved. 0000007824 00000 n 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. 0000012594 00000 n Access Los Angeless enabling ordinance for the State Density Bonus Program. In 2018, the City Planning Commission approved the project, including the applicants request for off-menu incentives, finding that the record did not contain substantial evidence that would allow the City Planning Commission to deny the incentives. 0000006234 00000 n 0000006484 00000 n 0000070100 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H 2009 Los Angeles County Department of Regional Planning. SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 0000010660 00000 n 0000003255 00000 n To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. 0000012594 00000 n Effective September 22, 2017 . 0000005981 00000 n hL 0UADCB~87(c}K$qmg~wv/>J2EP (0[yd JivE!X$~{E4tp{ !vI H*9&> 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. By continuing to browse 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. 123 0 obj<>stream 0000004181 00000 n 0000007824 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. trailer . 0000068446 00000 n Implementation of State Density Bonus Law (2017) 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 %%EOF In addition to an increase in density, the Countys Density Bonus Ordinance offers a variety of incentives. startxref 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 Recommendations to amended to read: 25 Determination describing the approved project and any applicable conditions of approval Section. 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