SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 555-556.) 227 0 obj <>stream 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. 0000013295 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream 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 0000003255 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. /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\` 0000009519 00000 n The Los Angeles City Planning Commission approved a mixed-used development that qualified for increased building density under the density bonus law due to its inclusion of low-income housing. 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. 0000009345 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. 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. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. These determinations may not be appealed after the CPC acts. 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. 0000013708 00000 n 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. 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. 0000001236 00000 n 0000068446 00000 n Implementation of State Density Bonus Law (2017) 0000011362 00000 n 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 Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 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. Department Memorandums 0000010946 00000 n xref Revised February 26, 2018 . 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. 0000012814 00000 n Affordable Housing Incentive Guidelines (2005) 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 (. Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. These additional incentives or concessions could include any of the following: ** applies to a common interest development, as defined in Section 4100 of the Civil Code. 0000012814 00000 n 0000007998 00000 n 0000010840 00000 n Read up on housing activity and trends across the City. 0000001414 00000 n 4& The legislation, Assembly Bill 2345, also reduces parking requirements for many projects qualifying for a density bonus, lowers some thresholds for obtaining incentives and concessions from local jurisdictions, and adopts density bonus reporting requirements. 0000013117 00000 n Parking Reductions. 0000011691 00000 n 0000011960 00000 n startxref 0000007530 00000 n City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes. startxref AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 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. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 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. Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 0000000016 00000 n 0000014545 00000 n 0000008271 00000 n hDj:.XpD$P AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. d\a0ol;-` `7 AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. All Rights Reserved. For more information about implementation guidelines and procedures, including how changes to state Density Bonus law are implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) 0000010477 00000 n 0000012746 00000 n These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. To download the Guide, please click here. 0000001256 00000 n (a)(2).) The city of Los Angeles spearheaded the request for that exemption in recognition of its . AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 0000007998 00000 n Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or moderate-income households. [2] Density bonus law uses incentive and concession interchangeably. To be eligible for the development bonus, at least 30% of the housing units must be restricted to lower income residents or 15% of the housing units must be restricted to very low income residents. x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 0000001581 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. Please click here to read or print the 2021 Guide. 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. This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000012326 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. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) 0000009113 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. this website you agree to the use of cookies. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 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. Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. %PDF-1.5 % 0000005512 00000 n xref 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. Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. %%EOF 0000012110 00000 n Many of our documents are in PDF format. 0000001968 00000 n In 2017, Assembly Bill No. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. A project is eligible for one or more incentives, depending on the amount of affordable units that have been set aside for very low, lower, or moderate income households. 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. The local approving government has the burden of proof in defending the denial of a requested concession or incentive. |\+@cq 4& According to ZIMAS, the project is not located on a substandard street in a Hillside area 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. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. 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. 0000000852 00000 n . 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. State Density Bonus Law (2015): AB 744. hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 0000008950 00000 n 0000002030 00000 n Eliminates the ability of local governments to disapprove a developers request for an incentive or concession, or a waiver or modification of development standards, on the grounds that it would have a specific adverse impact on the physical environment. Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. Code, 65915, subd. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. Theory: Could Parking Reform Undermine the Density Bonus Law? Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. %PDF-1.4 % After noting that no law required the City to make evidentiary findings regarding cost reductions, the Court found that the projects financial feasibility analysis contained in the projects application nonetheless was sufficient substantial evidence showing that the incentives would result in cost reductions. Access Los Angeless enabling ordinance for the State Density Bonus Program. . %PDF-1.6 % AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. And senior housing the required percentage of lower income Units required to obtain multiple incentives and concessions concessions will in! To Read or print the 2021 Guide was developed alongside the Density Bonus Law, is... 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