The nonprofit corporation may be permitted by the local agency to retain the initial subsidy and share of appreciation which is produced from the resale of the affordable unit, so long as the funds are used to promote homeownership for lower income households within the jurisdiction of the local agency. 2009 Los Angeles County Department of Regional Planning. 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. 2009 Los Angeles County Department of Regional Planning. 0000005253 00000 n 0000001256 00000 n For more information please refer to our Privacy Policy. 0000003255 00000 n 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. 0000012110 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. Bigger Density Bonus. By continuing to browse 0000014725 00000 n 0000005512 00000 n 0000013295 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. City of Los Angeles. 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. 76 0 obj <> endobj 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 Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 0000004181 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. 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. By continuing to browse 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. 50% Density Bonus (DB50). 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. $8,950,000. Clarifies that for purposes of qualifying for a density bonus, affordable units for very low or lower income households can be either rental or for-sale units. xref Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable local limits in exchange for providing homes at below market rate (BMR) rents or costs. The trial court denied the petition, and the neighbors filed an appeal. On-Menu Density Bonus Ministerial Review Process (2021) 0000007768 00000 n . State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. startxref d\a0ol;-` `7 x]nP}$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& 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%. 0000012501 00000 n The city of Los Angeles spearheaded the request for that exemption in recognition of its . Gibson, Dunn & Crutcher LLP 2023. {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I 0000009760 00000 n 0000010770 00000 n (Schreiber, supra, 69 Cal.App.5th at pp. has been a mechanism to encourage developers to incorporate affordable units within a residential project in exchange for density bonuses and relief from other base development standards. Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. 0000013295 00000 n Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. Code, 65915, subd. 0000014725 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 Department Memorandums xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( 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. 0000009519 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. Many of our documents are in PDF format. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. New legislation that took effect on January 1 of this year provides for up to a 50% density bonus to be granted to housing projects consisting of a mix of affordable and market-rate homes, up from the previous maximum 35% density bonus for mixed income developments. 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) 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. These guidelines describe the density bonus provisions and qualifying criteria, the incentives available to qualifying projects, and the procedures whereby projects may apply for a bonus and incentives. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). . 0000005981 00000 n On-Menu Incentives 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. 0000001968 00000 n Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Continue to promote the County Density Bonus Program to developers through the dissemination of brochures, presentations and web postings on the DRP web site, and by offering technical assistance to the public. 0000005623 00000 n 0000009728 00000 n A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. . Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream 201 0 obj <> endobj [2] Density bonus law uses incentive and concession interchangeably. 754 0 obj <>stream Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. 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. These projects are not subject to an appeal. 0000011960 00000 n 0000011532 00000 n Incentives and Concessions. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Where appropriate, promote such development through incentives. 0000004022 00000 n $2,000,000. dXn7@ C . Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) 76 0 obj <> endobj An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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. 0000001414 00000 n 201 27 Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. 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. 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. Density bonus law (Gov. 0 0000008950 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. 0000012326 00000 n 0000003255 00000 n Privacy Statement. 0000013527 00000 n 0000013117 00000 n The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. |\+@cq 4& 0000000852 00000 n 0000014545 00000 n qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 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. 0000011362 00000 n 76 48 0000001945 00000 n 0000070100 00000 n Parking Reductions. %%EOF 123 0 obj<>stream 0000013527 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000001581 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 227 0 obj <>stream Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 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