The State Density Bonus in Los Angeles

California's density bonus law, Government Code 65915, is applied in Los Angeles through LAMC 12.22 A.37. A project of five or more units that reserves the required share of restricted affordable units receives a density bonus, incentives and waivers of development standards.

Where it applies

A.37 applies to a housing development or shared housing building of five or more units, bonus units excluded, that reserves the percentage of Table 12.22 A.37(c)(2)(iii) as restricted affordable or target population units, with no demolition of a Designated Historic Resource. A 100 percent affordable project goes to AHIP, LAMC 12.22 A.39. A.37 cannot be combined with the City's other bonus programs, with the exception of adaptive reuse under A.26.

How approval works

• The density bonus, including the AB 1287 additional density bonus of Gov. Code 65915(v), and on-menu incentives are base incentives processed ministerially in plan check (A.37(d)(1), (e)(1)(ii)).
• Off-menu incentives go to Expanded Administrative Review by City Planning, with an informational hearing only if the Department requires one.
• Any waiver of a development standard follows the Class 3 Conditional Use procedure before the City Planning Commission, with a public hearing; the Commission's decision is final.
• Density beyond the A.37 bonuses also needs the findings of LAMC 12.24 U.26 by the Commission.
• Under state law, an incentive does not by itself require a plan amendment, zone change or other discretionary approval (Gov. Code 65915(j)(1)).

What to check on a site

• The base density the zone allows, which the bonus multiplies.
• Whether MIIP or AHIP yields more on the same site, since A.37 cannot be stacked with them.
• Which standards the building needs relief from, since a waiver changes the decider and adds a hearing.
• The covenant and replacement requirements of the Los Angeles Housing Department.

Questions

Can the State Density Bonus be combined with MIIP in Los Angeles?

No. LAMC 12.22 A.37 bars stacking with the City's other bonus programs, with the exception of adaptive reuse under A.26.

Does a density bonus waiver need a hearing in Los Angeles?

Yes. A waiver follows the Class 3 Conditional Use procedure before the City Planning Commission, which holds a public hearing; its decision is final.

Sources