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 density bonus) depending on the types of land use incentives being sought for the project, if any. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. Court of Appeal Upholds the Project Approval. Incentives & Concessions; Parking; Qualifying Units. You can download Adobe Reader by clicking this link. 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. 0000000016 00000 n . City of Los Angeles. 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 . Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 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. 0000003129 00000 n <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 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. 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 (. Please send website questions and comments to webadmin@planning.lacounty.gov. To download the Guide, please click here. 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. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 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. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 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. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to improve the density bonus and affordable housing provision throughout the region. State Density Bonus Law (2020): SB 35 + AB 2162 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. 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. 0000011362 00000 n (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . /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\` 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. These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. Off Menu Incentives and Waivers of Development Standards 0000014545 00000 n 0000068446 00000 n |\+@cq 4& 0000004022 00000 n 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. 2009 Los Angeles County Department of Regional Planning. 0000072751 00000 n this website you agree to the use of cookies. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 0000069288 00000 n However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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. Implementation of State Density Bonus Law (2017) All Rights Reserved. 0000004605 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 . Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Where appropriate, promote such development through incentives. The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). endstream endobj 737 0 obj <>stream Bigger Density Bonus. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) By continuing to browse 0000004181 00000 n 0000002922 00000 n endstream endobj startxref hDj:.XpD$P 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. 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. 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. %PDF-1.5 % 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 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. For readability, we use incentive to refer to both incentives and concessions in this post. 0000001256 00000 n 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. 0000012780 00000 n 0000005253 00000 n 0000011691 00000 n . All rights reserved. 0000011960 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. 0000008950 00000 n Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) d~[T!NV (Schreiber, supra, 69 Cal.App.5th at pp. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. <]/Prev 129846/XRefStm 1236>> Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. For more information please refer to our Privacy Policy. 0000007530 00000 n 0000012326 00000 n Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 0000070100 00000 n Code, 65915, subd. 76 48 (65915, subd. LADBS Ministerial Review 0000012501 00000 n 0000011960 00000 n $2,000,000. 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. 0000013295 00000 n trailer 0000013934 00000 n 0000001256 00000 n 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. 5th (2021). 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. 0000004022 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. A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12.22 A.25, is considered by-right and reviewed through a ministerial building permit process. 0000005586 00000 n i()P!.udCc:E6"EUU(#\PLB\4(%@f.~h.;.p>+}>u'flGwdu}L^,tX6fEc1>tT3c2n4g&'\'M]wW ^qqnvx_geV. To be eligible for the maximum bonus, a project must set aside at least (i)fifteen percent (15%) of total units for very low income households, (ii)twenty-four percent (24%) of total units for low income households, or (iii) forty-four percent (44%) of for-sale units for moderate income households. xref 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. hbbd`b`eb``b`> S@x|o ?OLyLLL 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. 0000011882 00000 n 0000013527 00000 n Privacy Statement. Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable local limits in exchange for providing homes at below market rate (BMR) rents or costs. 76 48 0000008761 00000 n AB 2345, together with AB 168 which was also approved in 2020, expands the annual housing reporting requirements for local governments to now include information on density bonus projects (Government Code Section 65400). 0000010840 00000 n 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. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). 0000002753 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. Send to Friend; . 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. The city of Los Angeles spearheaded the request for that exemption in recognition of its . Page 2 . 555-556.) 0000004758 00000 n 0000002753 00000 n trailer 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. 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