Many of our documents are in PDF format. 0000011882 00000 n 2009 Los Angeles County Department of Regional Planning. 0000002251 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. To download the Guide, please click here. 0000012594 00000 n 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%. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). Building a Better Density Bonus, Part 3: Leveraging Public Funds to Maximize Private Investment. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 76 0 obj <> endobj 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. xref Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. . All Rights Reserved. State Density Bonus Law (2020): SB 35 + AB 2162 0000010660 00000 n 0000010946 00000 n 0000000016 00000 n 201 0 obj <> endobj 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. 0000009519 00000 n 0000005512 00000 n this website you agree to the use of cookies. (65915, subd. 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. By continuing to browse 0000013295 00000 n 0000002922 00000 n 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. `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 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. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! 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. 0000013117 00000 n This change results in a significant reduction in required parking for transit-adjacent density bonus housing projects that include units with two or more bedrooms. 0000012110 00000 n 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. 0000000852 00000 n $2,000,000. startxref 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. 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. 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. d\a0ol;-` `7 0000014725 00000 n Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 2009 Los Angeles County Department of Regional Planning. 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. 0000010310 00000 n Share. Read up on housing activity and trends across the City. 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. Parking Reductions. 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. In addition, a 2021 appellate court ruling changes the types of information that local governments can require from density bonus applications seeking an incentive or concession. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. (i.e. 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. 0000001256 00000 n 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. All rights reserved. Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. Legislative Change Increases Density Bonus Amount and Parking Benefits. 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. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. |\+@cq 4& 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. 0000007530 00000 n 0000004181 00000 n AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. 0000004022 00000 n 0000002233 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. 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. x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b 0000007998 00000 n trailer 0000007824 00000 n undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 0000010840 00000 n AB2345 is modeled after the City of San Diegos Affordable Homes Bonus Program, and is intended to be another tool to address the states ongoing housing crisis. 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 (a).) 0 (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Effective September 22, 2017 . xref 4& 0000014545 00000 n $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 227 0 obj <>stream All Rights Reserved. 0000007824 00000 n These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). hDj:.XpD$P 0000012780 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. 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. density bonus) depending on the types of land use incentives being sought for the project, if any. 0000011882 00000 n <]/Prev 129846/XRefStm 1236>> 0000011362 00000 n 0000012326 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. Incentives & Concessions; Parking; Qualifying Units. App. %%EOF 0000004426 00000 n qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). On-Menu Density Bonus Ministerial Review Process (2021) dXn7@ C 0000005253 00000 n 754 0 obj <>stream 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 (. startxref Density bonus law (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. Discretionary Review %%EOF The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. State Density Bonus Law (2015): AB 744. 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