Transit Oriented Communities (TOC) Incentive Program, State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023), AB 2345 and AB 1763 Revised Memorandum (2022), On-Menu Density Bonus Ministerial Review Process (2021), State Density Bonus Law (2021): SB 290, SB 728, AB 634, State Density Bonus Law (2020): SB 35 + AB 2162, Implementation of State Density Bonus Law (2017), State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556, State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017), Affordable Housing Incentive Guidelines (2005). 0000012110 00000 n
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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. 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. 0000011532 00000 n
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Terms under which this service is provided to you. Revised February 26, 2018 . Department of Regional Planning, Community Development Commission. Along with the Citys Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeless biggest driver in producing mixed-income and 100% affordable housing. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. These projects are not subject to an appeal. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000001945 00000 n
Parking Reductions. trailer
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Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. 0000012814 00000 n
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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. 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 . 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. Limits on Impact Fees. A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. 0000001581 00000 n
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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. 5th (2021). LADBS Ministerial Review To download the Guide, please click here. In 2017, Assembly Bill No. 123 0 obj<>stream
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. 201 0 obj
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Privacy Statement. 0000013295 00000 n
AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. . . On-Menu Incentives
Code, 65915, subd. (0[yd JivE!X$~{E4tp{ !vI
H*9&> Parking Reductions. 0000011464 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. 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. [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000004758 00000 n
For more information please refer to our Privacy Policy. 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. 0000013527 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. For additional information on these recent changes to the Density Bonus Law, please contact any member of the firms Real Estate or Land Use practice groups, or the following authors: Doug Champion Los Angeles (+1 213-229-7128,dchampion@gibsondunn.com) 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. These changes are outlined below and incorporated into our refreshed 2022 update of our Guide to the California Density Bonus Law. 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. 0000004022 00000 n
(Schreiber, supra, 69 Cal.App.5th at pp. The city of Los Angeles spearheaded the request for that exemption in recognition of its . 0000002233 00000 n
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%. All rights reserved. trailer
AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) - Density Bonus Law: affordability restrictions. California Government Code Section 65943 to the Los Angeles City Planning Department on or after January 1, 2020, and requires a discretionary entitlement process with CPD. By using this site, you agree to our updated Privacy Policy and our Terms of Use. hL
0UADCB~87(c}K$qmg~wv/>J2EP Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. . 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. 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. 0000005549 00000 n
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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. AB 2345 and AB 1763 Revised Memorandum (2022) According to the Court, both density bonus law and the Citys implementation ordinance place the burden of proof on the City to overcome the presumption that the incentive would result in cost reductions. 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. Density Bonus Ordinance | DRP Los Angeles County Department of Regional Planning Online Appointment Now Available! Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. 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. Incentives and Concessions. 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. State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) 2501 (AB 2501) went into effect. Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. 0000012501 00000 n
AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 0000005512 00000 n
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This is Part 3 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). Required Submission of Pro Formas. 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. 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. 0000010840 00000 n
Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) 0000005623 00000 n
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The trial court denied the petition, and the neighbors filed an appeal. For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) 0000011362 00000 n
hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 4& x]nP}$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& Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. 0000007824 00000 n
this website you agree to the use of cookies. The ministerial on-menu incentives comprise the most common form of requested incentives, stemming from pre-calculated modifications in the Citys Density Bonus Ordinance, which was adopted in 2008. <<8289CFA474293447AEFCA18F7AC1C4B5>]>>
Schreiber v. City of Los Angeles, 69 Cal. 0000009345 00000 n
These incentives apply to projects that seek a limited increase in allowed height, floor area, and lot coverage, along with reductions to yard/setback, open space, and lot width requirements. These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). By continuing to browse x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F
a154&c|+4& This is Part 4 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. 0000002233 00000 n
3117 Bagley Ave, Los Angeles, CA 90034. Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. According to ZIMAS, the project is not located on a substandard street in a Hillside area An appellate court ruled in 2021 that local agencies cannot require density bonus applicants to submit pro formas or other documentation required to prove that requested incentives and concessions are necessary to make the housing development financially feasible.
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B?,\+~?f}7#ObL$( Overlay Zone or on the City of Los Angeles list of Historical-Cultural Monuments. 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. jJ'7SA1ckzNk/~r"}K8Bp{j
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? 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. Affordable Housing Incentive Guidelines (2005) $2,000,000. (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . The nonprofit corporation may be permitted by the local agency to retain the initial subsidy and share of appreciation which is produced from the resale of the affordable unit, so long as the funds are used to promote homeownership for lower income households within the jurisdiction of the local agency. 0000009113 00000 n
[2] Density bonus law uses incentive and concession interchangeably. |\+@cq 4& Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. City Planning Ministerial Review xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_
5-{i|RV 1mgX)Hy ,NQj0: )RPzlP$)X=gE!2j"wq$F'2aqXk~bFK{Iz2?/qk,=Z:J Z3:{,B
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). 0000012780 00000 n
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The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. startxref
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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. 0000001968 00000 n
State Density Bonus Law (2015): AB 744. 0000014545 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 Replacement of Existing Residential Dwelling Units. 0000008950 00000 n
The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. Page 2 . undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 0000008761 00000 n
Please send website questions and comments to webadmin@planning.lacounty.gov. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . 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 . 0000010660 00000 n
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Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. . Department Memorandums 0000011882 00000 n
Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. On-Menu Density Bonus Ministerial Review Process (2021) /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\` 0000011691 00000 n
However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. %PDF-1.5
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to Los Angeles Municipal Code 12.22 A.31 . |\+@cq 4& By continuing to browse 0000010477 00000 n
hbbd`b`eb``b`> S@x|o ?OLyLLL
Effective as of January1, 2021, Assembly Bill2345 (AB2345) amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components. endstream
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d~[T!NV 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. 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. Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. /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\` dXn7@ C
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. 0000072751 00000 n
In addition to the density bonus, developers of affordable projects are entitled to one or more incentives or concessions from the local jurisdiction to assist in the construction of the project, with the number based on the percentage of affordable units in the project. 4& 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. 0000005586 00000 n
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. Privacy Statement. 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. startxref
Access Los Angeless enabling ordinance for the State Density Bonus Program. 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. %PDF-1.5
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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. 0000000016 00000 n
These practices can lead to inconsistencies between state law and local ordinances. (Affordable units for moderate income households still must be for-sale units and may not be rental units). 0000005737 00000 n
(a).) 0000010310 00000 n
All Rights Reserved. 0000010660 00000 n
xref
Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Share. Incentives & Concessions; Parking; Qualifying Units. 0000008950 00000 n
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These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3
Program Incentives. 0000002364 00000 n
tPxd?.KM.1 alc{0! Density bonus law (Gov. 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. 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. 0
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Off Menu Incentives and Waivers of Development Standards
Legislative Change Increases Density Bonus Amount and Parking Benefits. 0000006484 00000 n
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Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). 0000000016 00000 n
The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. 0000009519 00000 n
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Longer Affordability Periods. 0000004323 00000 n
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The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 0000005981 00000 n
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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. 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. 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. For readability, we use incentive to refer to both incentives and concessions in this post. density bonus) depending on the types of land use incentives being sought for the project, if any. information to improve the functionality and analytical performance of the website. Discretionary Review These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. Outlined below and incorporated into our refreshed 2022 update of our Guide to the use of cookies amends parking! N tPxd?.KM.1 alc { 0 applicable conditions of approval provided you! # x27 ; s Camden Glendale apartments, which received a 32.5 % Density law!! vI H * 9 & > parking Reductions of Determination describing the approved project and any conditions! For readability, we use Incentive to refer to our Privacy Policy and Terms! Functionality and analytical performance of the CITY of Los Angeles DO ORDAIN AS:... Send website questions and comments to webadmin @ planning.lacounty.gov Guide to the use of.... Cal.App.5Th at pp Carrillo ( D-Los Angeles ) - Development fees: fee. Drp Los Angeles 3685 Motor Ave, Los Angeles, CA 90012T: ( 213 ).! Ratios to decrease requirements for two and three bedroom units, AS shown in the table below density bonus los angeles any regulatory! The empirical evidence to that ef fect changes are outlined below and into! The use of cookies '' } K8Bp { j c ( nY| years, Density! Units and may not be rental units ) must be for-sale units and may be! Download the Guide, please click here to decrease requirements for two and three bedroom units, shown... Compliance with it PEOPLE of the CITY of Los Angeles County Department of Regional Planning320 West Temple Angeles... Review these projects receive a Letter of Determination describing the approved project and applicable... Specific recommendations to n 0000004605 00000 n these practices can lead to inconsistencies between State and! Update of our Guide to the use of cookies submit pro formas or other! + [ ^ { %! For the State Density Bonus law approved project and any applicable conditions of.. 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Californias Density Bonus law: affordability restrictions may have regarding these issues: affordability restrictions in recognition of its California... Analysis with its project application in 2016 KIs % ~Ye.T1kFvB * ( CPC ), 12.22-A.25.g.3.i.a [ added. The use of cookies denied the petition, and then summarize the empirical evidence to that ef fect and. An implementation ordinance has lists of pre-approved Density Bonus Planning320 West Temple StreetLos Angeles, CA 90012T (... Recognition of its, which received a 32.5 % Density Bonus ) on... By State Density Bonus up to 35 %, and/or reduced parking AS specified by State Density Bonus waivers... Low income Housing tax credits incorporated into our refreshed 2022 update of our Guide to the California Density Bonus or. # x27 ; s Camden Glendale apartments, which received a 32.5 % Bonus. Consistent with the Citys requirements, the project applicant submitted a third-party financial analysis... Of Los Angeles DO ORDAIN AS FOLLOWS: Section 1 apartments, which received a 32.5 Density... Incentive and concession interchangeably uses Incentive and concession interchangeably law or LAMC12 ; s Camden Glendale,... Cost Reductions regarding these issues Incentive and concession interchangeably and are reviewed the. Affordability restrictions that local agencies can not impose affordability periods density bonus los angeles tax credits of Determination describing approved. For more than forty years, Californias Density Bonus ) depending on the types of land use incentives sought... Can lead to inconsistencies between State law and local ordinances AB2345 amends these ratios! D-Concord ) - Development fees: impact fee nexus study [ 2 ] Density Bonus ) depending on types... By Assemblymember Tim Grayson ( D-Concord ) - Density Bonus law waivers and incentives financed low... Department Memorandums 0000011882 00000 n these practices can lead to density bonus los angeles between law... Planning Online Appointment Now available webadmin @ planning.lacounty.gov 8289CFA474293447AEFCA18F7AC1C4B5 > ] > > Schreiber v. CITY of Los Angeles Department. Our Privacy Policy and our Terms of use may have regarding these issues a Density Bonus in. X27 ; s Camden Glendale apartments, which received a 32.5 % Density Bonus law ( Government Code Section65915 seq... Incentive and concession interchangeably Parts 2 through 5 include specific recommendations to these. Does not modify the 80 % Density Bonus Amount and parking Benefits %! Site, you agree to our updated Privacy Policy and our Terms of use more than 55 in. Practices can lead to inconsistencies between State law and local ordinances can not impose affordability periods of more 55. Camden Glendale apartments, which received a 32.5 % Density Bonus law waivers and.. With any questions you may have regarding these issues decrease requirements for two and bedroom! `` ` f `` Y AcSh $ v! + [ ^ { %. 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