density bonus los angeles

0000002251 00000 n Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . 0000013708 00000 n 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. 0000012814 00000 n Parking Reductions. 555-556.) 76 0 obj <> endobj this website you agree to the use of cookies. 0000011362 00000 n Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000004022 00000 n 0000007768 00000 n 0000013527 00000 n 0000009519 00000 n By using this site, you agree to our updated Privacy Policy and our Terms of Use. Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. hDj:.XpD$P Building a Better Density Bonus, Part 3: Leveraging Public Funds to Maximize Private Investment. These practices can lead to inconsistencies between state law and local ordinances. 0000000016 00000 n 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. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 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. 4& trailer Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) 0000010660 00000 n 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. All rights reserved. 0000002030 00000 n 5th (2021). 0000004181 00000 n The Commission also granted the developers various incentives and waivers under the city ordinance implementing the state density bonus law. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. In addition to the incentives and concessions summarized above, a local government is prohibited from applying any development standard that would physically preclude construction of the development with the density bonus and incentives and concessions to which the project is entitled. 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. No CEQA review is conducted. City of Los Angeles. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. App. 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. $2,000,000. 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. 733 0 obj <> endobj information to improve the functionality and analytical performance of the website. 0000012594 00000 n Affordable Housing Incentive Guidelines (2005) 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. 0000014545 00000 n 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. 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. 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 AB2345 amends the Density Bonus Law to decrease the set aside requirement for low income households as shown in the table below. 0000012814 00000 n 0000004758 00000 n However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. 0000010310 00000 n Los Angeles Municipal Code (LAMC) Section 12.22 A.25 authorizes the Director of Planning to approve applications for Density Bonus requesting up to three On-M enu Incentives; and the City Planning Commission (CPC) to approve applications for Density Bonus requesting Off-Menu Incentives or Waivers of Development Standards. 0000002030 00000 n 0000010477 00000 n Longer Affordability Periods. Gibson, Dunn & Crutcher LLP 2023. 0000010660 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. 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. 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. 0000007998 00000 n 0000009760 00000 n AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. 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. This is Part 5 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. 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. 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. 227 0 obj <>stream Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000001945 00000 n `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A xref 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. Density bonus law (Gov. For more information please refer to our Privacy Policy. 0000014725 00000 n The local approving government has the burden of proof in defending the denial of a requested concession or incentive. 0000005421 00000 n 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. 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. {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I d~[T!NV 0000011882 00000 n The Rezoning Program includes a potential update of the City's Density Bonus ordinance to allow for up to 50% density increases citywide in exchange for the maximum amount of affordable housing economically feasible (as determined by an upcoming feasibility study). xref A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. endstream endobj 737 0 obj <>stream Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. 0000011362 00000 n AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. 0000008950 00000 n qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 0000012501 00000 n 0000004605 00000 n Revised February 26, 2018 . 0000070100 00000 n By continuing to browse 0000069288 00000 n 0000002364 00000 n 0000007530 00000 n Page 2 . These determinations may not be appealed after the CPC acts. /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\` (Affordable units for moderate income households still must be for-sale units and may not be rental units). 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. To download the Guide, please click here. 0000013117 00000 n 0000001581 00000 n For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 0000003255 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. Density Bonus is a State-mandated incentive program that allows qualifying residential projects to construct additional housing, in exchange for setting aside a percentage of those units as restricted affordable. 0000005981 00000 n 0000004323 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. 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 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. 0000005421 00000 n startxref State Density Bonus Law (2020): SB 35 + AB 2162 0000013527 00000 n (65915, subd. this website you agree to the use of cookies. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 startxref density bonus) depending on the types of land use incentives being sought for the project, if any. Effective September 22, 2017 . %%EOF . 123 0 obj<>stream For more information please refer to our Privacy Policy. 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