Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. 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. Page 2 . App. Discretionary Review Please send website questions and comments to [email protected]. 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. 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. 0000007530 00000 n Amy Forbes - Los Angeles (+1 213-229-7151, [email protected]) Ben Saltsman - Los Angeles (+1 213-229-7480, [email protected]) . Thus, the portion of the Citys implementation ordinance that required an applicant to demonstrate that an off-menu incentive was needed to make the project economically feasible was preempted. City of Los Angeles. 0000010840 00000 n d\a0ol;-` `7 xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( These practices can lead to inconsistencies between state law and local ordinances. 76 0 obj <> endobj %PDF-1.6 % By using this site, you agree to our updated Privacy Policy and our Terms of Use. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000001945 00000 n 0000002753 00000 n trailer However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. In addition to the density bonuses outlined above, projects satisfying the requirements of the Density Bonus Law are entitled to one or more development incentives or concessions that will result in identifiable and actual cost reductions to provide for affordable housing costs, so long as the incentive or concession will not have specific unmitigable adverse impacts upon public health and safety, the physical environment or on historic properties, and the incentive or concession is not contrary to state or federal law. trailer The city of Los Angeles spearheaded the request for that exemption in recognition of its . x]nP}$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& AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 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. 0000008950 00000 n AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. State Density Bonus Law (2015): AB 744. %PDF-1.5 % 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. SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 0000008271 00000 n 0000013708 00000 n d~[T!NV Limits on Impact Fees. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. LADBS Ministerial Review By continuing to browse In 2017, Assembly Bill No. 0000009760 00000 n |\+@cq 4& Effective September 22, 2017 . (a).) 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. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> 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& 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. 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. (a)(2).) 0000011960 00000 n A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. 0000013117 00000 n The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. 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. d~[T!NV Accordingly, the City published a memorandum stating that the City would no longer require [f]inancial pro-formas and third-party reviews to determine whether a project would be eligible for an incentive under density bonus law, but did not update its implementation ordinance. Gibson, Dunn & Crutcher LLP 2023. 0000002030 00000 n Code, 65915, subd. 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. You can download Adobe Reader by clicking this link. Replacement of Existing Residential Dwelling Units. 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. /z!rq=_4k!%^@f2 [email protected]"kS:_DAh5|M R'+oCxM/w`pc"w+htt4aAVLZ#%\8:P@[ZXX!p41))0--DAAaccdaBFAALh"`(v90fFu5D)dqP @3 H[vxbLoz3,dhg0CQaYL2,eX0v- c\o3\` information to improve the functionality and analytical performance of the website. AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. 0000002753 00000 n 0000014545 00000 n 0000068446 00000 n Department of Regional Planning, Community Development Commission. 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. State Density Bonus Law (2021): SB 290, SB 728, AB 634 76 0 obj <> endobj startxref 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. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. 0000013527 00000 n 0000013708 00000 n All rights reserved. 0000011960 00000 n 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. 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. The Court drew a distinction between information pertaining to economic feasibility and information showing that an incentive would result in cost reductions. While the City could request the latter, AB 2501 prohibited the City from requesting the former. Lauren Traina Los Angeles ( +1 213-229-7951, [email protected]) Ben Saltsman Los Angeles (+1 213-229-7480,[email protected]) SB 728 allows developers in for-sale density bonus housing developments to sell affordable units to nonprofit housing corporations instead of selling the units directly to a low or moderate income homebuyer. . Density bonus ordinance: Density bonuses allow developers of market-rate housing to build higher-density housing, in exchange for having a certain portion of their units offered at affordable prices. Revised February 26, 2018 . %PDF-1.5 % This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000007824 00000 n 0000004181 00000 n 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. 0000007824 00000 n $2,000,000. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000003255 00000 n These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Please send website questions and comments to [email protected]. 0000004605 00000 n The amount of density bonus required to be given under Californias Density Bonus Law is set on a sliding scale based on the percentage of affordable units provided. 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. <]/Prev 129846/XRefStm 1236>> These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. 0000011882 00000 n AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 0000007530 00000 n 0000013934 00000 n Off Menu Incentives and Waivers of Development Standards xref 0000014725 00000 n 0000004758 00000 n For readability, we use incentive to refer to both incentives and concessions in this post. 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. 752 0 obj <>/Filter/FlateDecode/ID[<8AA2F0F555E3E7428881B3A6A1ED63C2>]/Index[733 22]/Info 732 0 R/Length 89/Prev 467624/Root 734 0 R/Size 755/Type/XRef/W[1 2 0]>>stream 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 . 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. 123 0 obj<>stream Privacy Statement. Many of our documents are in PDF format. Incentives and Concessions. 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