hL 0UADCB~87(c}K$qmg~wv/>J2EP . . Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 0000009519 00000 n Privacy Statement. 0000014545 00000 n Before 2021, developers of density bonus projects were automatically entitled to obtain parking requirements of two spaces for two and three bedroom homes by requesting that standard, but AB 2345 lowers this standard to one and one-half spaces for two and three bedroom homes. Code, 65915, subd. Finally, AB2345 amends the Density Bonus Law to provide local governments discretion to grant additional waivers or reductions in development standards for projects located within a one-half mile radius of a major transit stop and provide further reduced parking standards for eligible residential projects that (i)provide unobstructed access to a major transit stop or (ii)are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight (8) times per day. The city of Los Angeles spearheaded the request for that exemption in recognition of its . For readability, we use incentive to refer to both incentives and concessions in this post. 201 27 0000012780 00000 n 0000013117 00000 n Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . x]nP}$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& 5th (2021). 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. 76 0 obj <> endobj |\+@cq 4& d~[T!NV 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. 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 . Notably, neither the project applicant nor the City was required to show or find that the incentives would result in cost reductions. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 0000013934 00000 n 0000001581 00000 n 0000000852 00000 n (a)(2).) 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. 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. State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) 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. 0000001256 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. 0000009113 00000 n 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. 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. 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 Terms under which this service is provided to you. 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. 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. [2] Density bonus law uses incentive and concession interchangeably. Eliminates the requirement that for-sale units for moderate income households must be in a common interest development in order to qualify for a density bonus. Discretionary Review %%EOF 0000068446 00000 n 0000002922 00000 n <]/Prev 129846/XRefStm 1236>> Access Los Angeless enabling ordinance for the State Density Bonus Program. 0000012746 00000 n 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. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. %PDF-1.5 % $8,950,000. 0000009519 00000 n Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. State Density Bonus Law (2015): AB 744. In early 2008, their decisions came under attack in two lawsuits that focused on the city's effort to exempt from environmental review outsize projects that applied for the "density bonus . hDj:.XpD$P For more information please refer to our Privacy Policy. To get the full 35 percent density bonus the developer would need to set aside 11 percent of the units for very-low income residents (up to 50 percent of Area Median Income, or around $33,000 for a four-person household) or 20 percent for low income residents (50 to 80 percent AMI), for a duration of at least 55 years. 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. 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. AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. 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. 0000003129 00000 n 0000001236 00000 n 0000012326 00000 n 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. 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. 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. This website uses cookies that only record anonymous statistical data not individually identifiable personal (65915, subd. All Rights Reserved. Parking Reductions. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. According to ZIMAS, the project is not located on a substandard street in a Hillside area %PDF-1.4 % . 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. 0000011960 00000 n 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. 0000004605 00000 n To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. 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. Density bonus law (Gov. xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( Off Menu Incentives and Waivers of Development Standards 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 trailer 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. trailer 0000002233 00000 n For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) Program Incentives. Unlike the primary Density Bonus Law, there is no fixed amount of increased density awarded to the developer. 733 0 obj <> endobj 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 2345 and AB 1763 Revised Memorandum (2022) 0000072751 00000 n Department of Regional Planning, Community Development Commission. 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 (. By continuing to browse 0000004758 00000 n 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. 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 0000009113 00000 n this website you agree to the use of cookies. 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%. 4& to Los Angeles Municipal Code 12.22 A.31 . Legislative Change Increases Density Bonus Amount and Parking Benefits. 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. Reporting Requirements. Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) . |\+@cq 4& /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\` 8289Cfa474293447Aefca18F7Ac1C4B5 > ] > > 0000013934 00000 n ( a ) ( 2 ) )! Recognition of its ( # \PLB\4 ( % @ f.~h n Privacy Statement in cost.... Our Privacy Policy intended as legal advice @ gibsondunn.com ). modifications to City standards not its... 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