Division 9.2 — CITYWIDE HOUSING INCENTIVE PROGRAMS

A. Intent

The purpose of this Sec. 9.2.1. (State Density Bonus Program), “State Density Bonus Program,”

is to establish procedures for implementing the State Density Bonus provisions in California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, and to increase the production of affordable housing citywide in the City of Los Angeles, consistent with

the General Plan and other City policies related to housing.

B. Applicability

1. Project Activities

A project meeting the eligibility criteria established in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below, and that meets the definition of “housing development” pursuant to

California Government Code Sec. 65915(i), may be eligible for participation in the State Density

Bonus Program, for the following project activities.

a. New construction for which all new foor areal meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

b. A use modifcationi, including the conversion of existing foor areal from a commercial use

to a residential use or an increase in dwelling units within existing foor areal, for which all

resulting new dwelling units and all renovated dwelling units meet the eligibility criteria

provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

c. A lot modification that results in dwelling units that meet the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

2. Reconciling Provisions

a. Relationship to Other Incentive Programs

i. A project participating in the State Density Bonus Program in this Section (State Density

Bonus Program) shall be ineligible for the bonuses, incentives and procedures of any other housing incentive program contained in this Article (Public Benefit Systems),

elsewhere in the Los Angeles Municipal Code, or in a Specifc Plani, Supplemental

District, or Special Zone, or in any other City regulation or guideline, except a project

may utilize the streamlining incentives in the Housing Element Sites Streamlining

Program (Sec. 9.2.6.) and the Citywide Adaptive Reuse Program (Sec. 9.4.6.), as

applicable. Projects requesting additional density pursuant to Sec. 9.2.1.D.1.e. (Projects

with Requests for Density Bonuses in Excess of the Base Incentive), below, shall not be

eligible for the Housing Element Sites Streamlining Program (Sec. 9.2.6.) .

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ii. For a project providing 80-100 percent of the project dwelling units (including bonus

units) as restricted afordable unitf s, the project may instead seek development bonuses and incentives through the procedures of Sec. 9.2.2. (Affordable Housing Incentive

Program) .

b. Relationship to Specific Plans, Supplemental Districts, and Special Zones

As this Section (State Density Bonus Program) is intended to implement State Density

Bonus Law contained in California Government Code, Chapter 4.3. (Density Bonuses and

Other Incentives), Sec. 65915-65918, in the event that any provision of a Specifc Plani, Supplemental District, or Special Zone differs from the procedures, requirements, and

provisions of this Section (State Density Bonus Program), the provisions of this Section

(State Density Bonus Program) shall prevail where a project applicant seeks approval

through this Section (State Density Bonus Program) .

c. Relationship to Other Zoning Provisions

i. Relationship to Inclusionary Housing

Restricted afordable unitf s provided in order to meet the eligibility criteria for

participation in the State Density Bonus Program may also be used in order to count

toward the restricted afordable unitf s required by the Inclusionary Housing Program,

pursuant to Sec. 5C.3.1. (Inclusionary Housing Program) where applicable.

d. Relationship to State Density Bonus Law

This Section (State Density Bonus Program) is consistent with State Density Bonus Law

contained in California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915-65918 . If at any time, this Section (State Density Bonus Program)

becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses

and Other Incentives), Sec.65915-65918 (State Density Bonus Law), as determined by

the Director, the provisions of State Density Bonus Law shall supersede the provisions in

this Section (State Density Bonus Program) . The Director may prepare Implementation

Memorandums, Technical Bulletins, and/or User Guides for the requirements set forth in

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec.

65915-65918, for the purpose of providing guidance of implementation of this Section

(State Density Bonus Program) in compliance with the State Density Bonus Law.

C. Program Rules

1. Eligibility

To be eligible for any base incentive, additional incentive, waiver, public benefit, or other

incentive provided in the State Density Bonus Program in Paragraphs 2. (Base Incentives) through Paragraph 5. (Public Benefits), below, a project shall comply with all requirements

provided in this Paragraph (Eligibility), as applicable, and provide any required restricted

afordable unitf s in order to obtain any particular incentive.

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a. Unit Threshold

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The project, including a mixed-use development, must have a minimum of five or more dwelling units, or five or more shared housing units in a shared housing building. For the purpose of establishing the minimum number of five units, restricted afordable unitf s shall

be included and density bonus units shall be excluded.

b. Maximum Allowable Residential Density

The project must occur on a lot with a maximum allowable residential density of five or

more units.

c. Affordability Levels

The project shall reserve a minimum percentage of its dwelling units, or shared housing

units in a shared housing building (excluding bonus units), for restricted afordable unitf s (at the specified income level) or for the target populations as shown in the table below,

subject to the provisions in Sub-subparagraphs i. through iv., below.

REQUIRED PERCENTAGE OF RESTRICTED AFFORDABLE UNITS OR

TARGET POPULATION UNITS

Income Level Minimum % of Dwelling Units

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i. Senior citizen housing developments shall comply with California Civil Code, Sec. 51.2

and Sec. 51.3, and all dwelling units provided in the resulting senior citizen housing

development shall be reserved for senior citizens.

ii. Dwelling units provided for transitional foster youth, disabled veterans, or homeless

persons target populations shall be provided as very low income restricted afordable f

units.

iii. Dwelling units provided for lower income students shall be provided at an affordability

level as specified in California Government Code, Sec. 65915(b)(1)(F) .

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iv. Projects may exceed the minimum percentage of restricted afordable unitf s in the

table above and provide a higher percentage in exchange for additional bonuses or

incentives as described in this Section (State Density Bonus Program) .

d. Calculating Affordability Requirements

The required number of restricted afordable unitf s for any particular incentive shall be

calculated based on a project’s provided dwelling units, or shared housing units in a

shared housing building, excluding any units added by a density bonus awarded pursuant to this Section (State Density Bonus Program) . When calculating a project’s affordability

requirement, any number resulting in a fraction shall be rounded up to the next whole

number.

e. Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted afordable unitf s shall not exceed those specified in California Health and Safety Code, Chapter 2. (Definitions), Sec. 50052.5 (Affordable Housing Costs) for for-sale dwelling units or California Health and Safety Code, Chapter 2. (Definitions), Sec. 50053 (Affordable Rent) for rental dwelling units.

Covenants documenting required rental or for sale rates shall be recorded pursuant to the

procedures in Sec. 9.2.1.D.3. (Records and Agreements) below.

f. Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition

protections of California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(c)(3) and Div. 4C.15. (Resident Protections) of this Chapter.

Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall

count toward any restricted afordable unitf requirements. When calculating a project’s

housing replacement requirement, any number resulting in a fraction shall be rounded up

to the next whole number.

g. Fair Housing Requirements

Restricted afordable unitf s shall meet the applicable requirements regarding the size,

location, amenities and allocation of restricted afordable unitf s established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical

Bulletin prepared and adopted by the Los Angeles Housing Department or the Department

of City Planning.

h. Historic Resources

A project requiring the demolition of a designated historic resource, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), is not eligible

for the State Density Bonus Program. Any proposed alteration to a designated historic

resource shall not be approved for the State Density Bonus Program until any required

review pursuant to the LAMC, or other state or federal law, is completed.

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i. Unit Habitability Requirements

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For purposes of this Section (State Density Bonus Program), the term “dwelling unit” or

“unit” shall mean a complete independent living facility that includes permanent provisions

for living, sleeping, eating, a kitchen, and sanitation, and shall also mean a shared housing

unit in a shared housing building. The term “dwelling unit” or “unit” in this Section (State

Density Bonus Program) shall not be a reference to a household dwelling unit or an

efficiency dwelling unit.

2. Base Incentives

Projects meeting the eligibility criteria established in Paragraph 1. (Eligibility), above, shall

receive the base incentives as provided below.

a. Density

Projects shall be eligible for a density bonus as provided in this Subparagraph (Density),

subject to the calculation rules in Sub-subparagraph i. (Calculating a Density Bonus),

below. Dwelling units constructed as a result of a density bonus may be permitted in

geographic areas of the project other than the areas where restricted afordable unitf s or

dwelling units for a target population are located. A project does not need to use any or all

of the density bonus for which the project is eligible.

i. Calculating a Density Bonus

For the purposes of calculating a density bonus the following shall apply:

a) Dwelling units that comprise a project shall be on abutting lots that are the subject

of a single development application or are part of a single unifed developmenti,

but do not need to be based on individual subdivision maps or parcels.

b) When calculating a density bonus, any number resulting in a fraction shall be

rounded up to the next whole number.

ii. Density Bonus up to 50%

A density bonus up to 50 percent shall be granted based on the following table, when

the project provides very low or low income restricted afordable unitf s as for-sale or

rental housing, or moderate income restricted afordable unitf s as for-sale housing, at the percentages provided for the corresponding density bonus identified in the table.

Projects seeking a density bonus above 50 percent shall use the provisions in Sub-

subparagraph iii. (Additional Density Bonus), below.

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REQUIRED PERCENTAGE OF

RESTRICTED AFFORDABLE UNIT SET ASIDES

• DENSITY BONUSES UP TO 50%

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REQUIRED PERCENTAGE OF

RESTRICTED AFFORDABLE UNIT SET ASIDES

• DENSITY BONUSES UP TO 50%

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iii. Additional Density Bonus

Projects that provide restricted afordable unitf s sufficient to qualify for a 50 percent

density bonus pursuant to Sub-subparagraph ii. (Density Bonus up to 50%), above,

may seek an additional density bonus by providing additional restricted afordable f

units as provided in the following table, except the project may not include more than

50 percent of the project dwelling units, excluding density bonus units, as restricted

afordable unitf s. The additional density bonus shall be calculated excluding any

density bonus units awarded under Sub-subparagraph ii. (Density Bonus up to 50%) .

This Additional Density Bonus provision may be used in lieu of or in combination with a

request for Projects with Requests for Density Bonuses in Excess of the Base Incentive (Sec. 9.2.1.C.6.) to the extent the bonus is available as specified herein.

REQUIRED PERCENTAGE OF

RESTRICTED AFFORDABLE UNIT SET ASIDES

 - ADDITIONAL DENSITY BONUSES ABOVE 50%

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REQUIRED PERCENTAGE OF

RESTRICTED AFFORDABLE UNIT SET ASIDES

• ADDITIONAL DENSITY BONUSES ABOVE 50%

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iv. Housing for Target Populations

Projects that provide dwelling units for a target population listed in Subparagraph c. (Affordability Levels) of Paragraph 1. (Eligibility), above, shall receive a density bonus as

provided in the table, below. These density bonuses may be granted in lieu of a density

bonus for units set aside as restricted afordable unitf s based on Sub-subparagraph

ii. (Density Bonus up to 50%), above, so long as the restricted afordable unitf s are set

aside for the applicable target population.

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v. Land Donation

An applicant for a subdivision, parcel map or other residential development

approval that donates land for housing to the City satisfying the criteria of California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(g),

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as verified by the Department of City Planning, shall be granted a minimum density

bonus of 15 percent. The Department of City Planning may create an Implementation

Memorandum for the purpose of clarifying procedures associated with the

implementation of land donations pursuant to California Government Code, Chapter

4.3. (Density Bonuses and Other Incentives), Sec. 65915(g) .

b. Parking

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(p), regardless of any applicable parking requirement, upon the

request of an applicant a project is only required to provide the number of parking

stalls per dwelling unit provided in the following table, subject to the provisions in Sub-

subparagraphs i. through v., below. In using the table, the number of parking stalls are

calculated based on the number of bedrooms or habitable rooms in each dwelling unit, as

indicated.

VEHICULAR PARKING RATIO FOR ELIGIBLE PROJECTS

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i. Regardless of the above, parking shall not be required for a project located within 1/2

mile of a major transit stop

ii. Consistent with California Civil Code, Sec. 1947.1, automobile parking stalls shall

be sold or rented separately from the dwelling units in properties with 16 or more dwelling units, as verified by the Los Angeles Housing Department.

iii. The required automobile parking shall be calculated on all dwelling units in a project

(not just the restricted afordable unitf s), inclusive of accessible parking, where

applicable. All automobile parking stalls provided shall comply with Sec. 4C.4.3.

(Parking Area Design), except any combination of standard, compact or tandem stalls may be provided. Tandem parking stalls do not need to comply with the configuration

requirements of Sec. 4C.4.3.C.12. (Tandem Parking) provided a parking attendant or an

automated parking system is provided.

iv. Regardless of any otherwise applicable automobile parking design requirement,

required automobile parking stalls provided may be covered or uncovered.

v. If applicable, when calculating a project’s required automobile parking stalls, any

number resulting in a fraction shall be rounded up to the next whole number.

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3. Additional Incentives

City of Los Angeles Zoning Code Chapter 1A

Any project that meets the criteria established in Paragraph 1. (Eligibility), above, shall be

granted additional incentives as provided below.

a. Number of Incentives

i. The project shall be granted the number of additional incentives calculated using the

table below. The additional incentives granted may be any combination of incentives

listed in Subparagraph c. (Menu of Additional Incentives), below, and incentives

granted pursuant to Subparagraph d. (Incentives Not Listed on the Menu of Additional

Incentives), below. Refer to Subsection D. (Administration), below, for the approval

procedure that is consistent with the project’s incentive request.

ii. For a lower income student housing development, comply with California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(b)(1)(F) for

lower income student housing.

b. Commercial Off-Site

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915.7, a project consisting entirely of non-residential uses may request

a development bonus set forth in California Government Code, Chapter 4.3. (Density

Bonuses and Other Incentives), Sec. 65915.7(b) if the commercial developer directly contributes affordable housing, or enters into a contract for partnered housing described

in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915.7 with a housing developer to construct affordable housing. If a commercial

developer partners with a housing developer, an agreement, subject to approval by the

Department of City Planning, shall identify exactly how the commercial developer will contribute affordable housing. If California Government Code Sec. 65915.7 sunsets, this Subparagraph (Commercial Off-Site) shall be of no further force or effect. Housing constructed pursuant to this Subparagraph (Commercial Off-Site) shall be constructed

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City of Los Angeles Zoning Code Chapter 1A

on the site of the commercial development or on a site that meets all of the following

requirements:

i. Located within the boundaries of the City of Los Angeles; and

ii. In close proximity to public amenities including schools and employment centers; and

iii. Located within 1/2 mile of a Major Transit Stop.

c. Menu of Additional Incentives

Projects granted additional incentives may request those incentives from the following

“Menu of Additional Incentives,” subject to the review procedures in Sec. 9.2.1.D.1.a.

(Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives),

below. Each request from the Menu of Additional Incentives shall constitute one incentive

request unless otherwise stated. Regardless of the above, a project located in a Very High

Fire Hazard Severity Zone, a Sea Level Rise Area, or the Coastal Zone is not eligible to use

the Menu of Additional Incentives.

i. Floor Area Ratio

An eligible project may request a percentage increase in the allowable base FAR equal

to the percentage of density bonus for which the project is eligible, not to exceed 35

percent or 3.0:1 whichever is greater, provided the project is located within a 1/2 mile

radius (2,640 feet) of a major transit stop, subject to the following:

a) For a project that includes residential uses and non-residential uses, the FAR bonus

shall only apply to the portion of the development dedicated to residential uses

and residential amenity space for the units; and the portion of the development

dedicated to non-residential uses shall be limited to the base FAR of the applied

Form District (Part 2B. ).

b) A project located on a lot with an applied Density District (Part 6B. ) of 1L to 4L or

15 through 60 shall not be eligible for this FAR incentive.

c) A project located on a lot with designated historic resources, or non-contributors

shall not be eligible for this FAR incentive.

ii. Height

An eligible project may request an increase in height of one additional story beyond

the base height of the applied Form District (Part 2B.) . The increase in height shall be

applicable over the entire lot regardless of the height limits of the applied Form District

(Part 2B.), including stepback requirements and height transitions.

iii. Setbacks

A project may reduce all applicable building setbacks by the allowable adjustment amount specified for each applicable setback in Sec. 2C.2.2.F. (Relief) . The bundle of

reduced setbacks shall require the use of only one incentive.

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iv. Average of Floor Area Ratio, Density, Parking and Lot Amenity Space

A project that is located on two or more abutting lots may average the maximum foor l

area, minimum lot amenity space, minimum parking, and maximum density over the

project site provided that:

a) The proposed uses are permitted by the applied Use District (Part 5B.) of each lot

where the proposed uses are located; and

b) A covenant running with the land is recorded with the Los Angeles County

Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or

any other action that may cause the project site to be subdivided subsequent to

this grant, is permitted for the life of the project.

c) The project is located on one or more contiguous lots that are not separated by a

street or alley.

d) The project includes the number of restricted afordable unitf s sufficient to qualify

for a 35 percent density bonus.

v. Supplementary Parking Reductions

An applicant may request either or both of the following reductions as a single

incentive:

a) Commercial Parking

Eligible projects may request the elimination of any requirement to provide new or

maintain existing automobile parking stalls required by the applied Development

Standards District (Part 4B.) associated with a commercial use proposed as part of

the project.

b) General Parking Reduction

Projects located within 1/2 mile radius of a high quality transit service may request

up to a 50 percent reduction in required automobile parking stalls consistent with

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(p)(5) .

vi. By-Right Adjustment

An eligible project may request relief from any standard or requirement established

elsewhere in the Los Angeles Municipal Code, a Supplemental District, Specifc i

Plan, Special Zone, or other zoning condition that would otherwise require approval

pursuant to Sec. 13B.5.2. (Adjustment), and shall not be subject to the requirements of

Sec. 13B.5.2. (Adjustment) . Each adjustment-equivalent request for relief shall count as

one incentive request. The following limitations apply to this incentive:

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a) This incentive shall not apply to standards that regulate FAR, height, building

setbacks, ground story requirements, signs, required trees, parking setbacks,

pedestrian access, frontage screen and transition screen requirements, and lot

amenity space.

b) This incentive shall not apply to a designated historic resource or a non

contributor.

c) Incentives Not Listed on the Menu of Additional Incentives

Projects may request incentives not listed in or in excess or the incentive allowed

in Subparagraph c. (Menu of Additional Incentives), above, subject to the approval

process in Sec. 9.2.1.D.1.b. (Projects Requesting Incentives Not Listed on the Menu

of Additional Incentives), below.

4. Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(e) along with the

additional incentives granted under Subparagraph a. (Number of Incentives) of Paragraph 3. (Additional Incentives), above, subject to the procedures and findings in Sec. 9.2.1.D.1.c.

(Projects with Requests for Waivers or Reductions of Development Standards), below.

5. Public Benefits

A project that meets the eligibility criteria provided in Paragraph 1. (Eligibility ), may be granted

additional FAR and height beyond the FAR and height increases available as incentives listed in Paragraph 3. (Additional Incentives), above, by providing one or more of the public benefits listed in Subparagraph b. (Public Benefit Options), below. Regardless of the above, housing

developments located in Sea Level Rise Areas, Very High Fire Hazard Severity Zones, the

Coastal Zone, or housing developments that provide fewer restricted afordable unitf s than

required for the maximum number of incentives available to an income category or target

population, shall not be eligible for the Multi-Bedroom Units or Surveyed Historic Resource Facade Rehabilitation public benefit options.

a. A project providing public benefits shall receive the bonuses described in Subparagraph b.

(Public Benefit Options) below, for the associated public benefit. Multiple public benefits

may be provided in one project to combine and stack bonuses.

b. Public Benefit Options

i. Childcare Facility

A project that provides a childcare facility meeting the standards provided in

Sec. 9.3.4.C.4.a. (Childcare Facility) shall receive either the incentive in Sub-sub-

subparagraph a) or b), below. However pursuant to California Government Code,

Sec. 65915(h)(3), a density bonus or incentive for a childcare facility shall not be

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provided if the applicable decision maker finds, based on substantial evidence, that the

community has adequate childcare facilities. The two incentive options are:

a) Additional foor areal for residential use equivalent to the total foor areal dedicated

to a qualifying childcare facility space in the project, or

b) One additional incentive from the Menu of Additional Incentives (Sec. 9.2.1.C.3.a.)

or an incentive pursuant to Sec. 9.2.1.C.3.b. (Incentives Not Listed on the Menu of Additional Incentives) that contributes significantly to the economic feasibility of

the childcare facility.

ii. Multi-Bedroom Units

A project with multi-bedroom dwelling units shall be granted an incentive under Sub-

sub-subparagraph a) or an incentive under Sub-sub-subparagraph b), below, where

the project applicant and property owner execute a covenant in favor of the City that

is recorded in the development site’s chain of title in order to guarantee that qualifying

multi-bedroom units will maintain the same bedroom count and will not be converted

to additional dwelling units in the future.

a) A project that includes a minimum of 10 percent of overall dwelling units

(including units added by a density bonus) with three bedrooms (four or more

habitable rooms) or more shall be granted additional foor areal and/or height as

provided in the table below, above the additional incentives provided in Paragraph

3. (Additional Incentives), above.

ADDITIONAL FAR AND HEIGHT FOR MULTI-BEDROOM

UNITS

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b) A project shall be granted the following foor areal and height incentives, as

described below:

An exemption of the foor areal of all dwelling units with three or more bedrooms

(four or more habitable rooms) from the foor areal calculations of the project, so that the specified residential units do not count against the maximum foor areal

allowed on the development site, and/or

An additional story of height beyond the height incentives provided in Paragraph 3.

(Additional Incentives), above, provided that the foor areal of this additional story

is limited to the square footage exempted from the foor areal calculation above.

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provided that the foor areal of this additional story is limited to the square footage

exempted from the foor areal calculation above.

iii. Surveyed Historic Resource Facade Rehabilitation

Projects incorporating a surveyed historic resource into the project design shall

be granted additional foor areal up to 1.0 FAR and two stories in height beyond

the incentives listed in Paragraph 3. (Additional Incentives), above, provided all the

following standards are met:

a) The project retains all street-facing facades to a depth of 10 feet;

b) New foor areal shall be set back behind the 10-foot retention area in Sub-sub-

subparagraph a) above, except that amenity space, balconies, and non-habitable

architectural projections may encroach on the 10-foot retention area. In instances

where a lot contains dual frontages, the setback shall be applied from both

frontages; and rehabilitation of the facades is completed pursuant to the Secretary

of the Interior’s Standards for the Treatment of Historic Properties, as supported by an expert report or study, prepared by a qualified historical consultant, or demonstrated by the project plans and accepted by the Office of Historical

Resources consistent with any Implementation Memorandum, Guidelines, or

Technical Bulletin of the Director of City Planning. This option does not apply if the Office of Historic Resources has determined that the surveyed historic resource is

not eligible for listing individually or as a contributor.

6. Projects with Requests for Density Bonuses in Excess of the Base Incentive

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(n), a project may be granted additional density bonus beyond the

density allowed for a single income category under the base incentives in Paragraph 2. (Base

Incentives), above, by providing additional restricted afordable unitf s in that single income

category, subject to the procedures in Sec. 9.2.1.D.1.e. (Projects with Requests for Density

Bonuses in Excess of the Base Incentive) .

a. An additional density bonus shall be granted for setting aside additional restricted

afordable unitf s in the following manner:

i. For every additional one percent set aside of very low income restricted afordable f

units, the project shall be granted an additional 2.5 percent density increase; or

ii. For every additional one percent set aside of low income restricted afordable unitf s,

the project shall be granted an additional 1.5 percent density increase; or

iii. For every additional one percent set aside of moderate income restricted afordable f

units in for-sale projects, the project shall be granted an additional one percent density

increase.

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b. In calculating the density increase and restricted afordable unitf s, each component of any

density calculation, including the calculation of maximum allowable residential density,

base density and bonus density, resulting in fractional units shall be separately rounded up

to the next whole number.

c. A project receiving additional density increases beyond 50 percent may be granted the

incentives in Paragraph 2. (Base Incentives) and Paragraph 3. (Additional Incentives), above,

pursuant to the requirements in those Paragraphs.

D. Administration

1. Procedures

A project utilizing this Section (State Density Bonus Program) shall be reviewed using the

procedures in this Subsection (Administration) Approval of any base or additional incentive, waiver, or public benefit, pursuant to this Section (State Density Bonus Program) shall not,

in and of itself, require a General Plan amendment, zone change, project review or other

discretionary review action required by this Chapter, a Specifc Plani, Supplemental District, or

Special Zone. Ministerial approval in this Paragraph (Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec.

65583.2(i) .

a. Projects Requesting Base Incentives & Incentives from the Menu of Additional

Incentives

A project requesting only the incentives provided in Paragraph 2. (Base Incentives) of

Subsection C. (Program Rules), above, or additional incentives from the menu of additional

incentives in Sec. 9.2.1.C.3.c. (Menu of Additional Incentives), above, and not requesting

any waivers under Sec. 9.2.1.C.4. (Waivers ) or incentives under Sec. 9.2.1.C.3.d. (Incentives

Not Listed on the Menu of Additional Incentives), shall be approved with a ministerial

approval by the Department of Building and Safety as follows:

i. Base incentives shall be granted.

ii. Additional incentives shall be granted subject to the standards provided in Sec.

9.2.1.D.2.a. (Standards for Review for Additional Incentives), below.

b. Projects Requesting Incentives Not Listed on the Menu of Additional Incentives

A project requesting “off menu” incentives under Sec. 9.2.1.C.3. (Additional Incentives),

above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative

Review), subject to the additional standards provided in Sec. 9.2.1.D.2.a. (Standards for

Review for Additional Incentives) .

c. Projects Requesting Waivers

A project requesting waivers, modifications, or reductions of applicable zoning standards

and requirements beyond the number of additional incentives permitted pursuant to Sec.

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9.2.1.C.3.a. (Number of Incentives), above, shall be reviewed pursuant to Sec. 13B.2.3. (Class 3 Conditional Use), except the approval is subject to the findings in Sec. 9.2.1.D.2.b. (Required Findings for Waivers), below, instead of the findings in Sec. 13B.2.3.E. (Standards

for Review and Required Findings), and there is no right to an appeal of the initial decision.

d. Projects Providing Public Benefits

Projects requesting higher incentives or additional incentives in exchange for providing one or more public benefit options described in Paragraph 5. (Public Benefits) of

Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec.

13B.3.2. (Expanded Administrative Review) .

e. Projects with Requests for Density Bonuses in Excess of the Base Incentive

A project requesting a density bonus over the base incentive shall be approved pursuant

to the procedures in Sec. 13B.2.3. (Class 3 Conditional Use), except a project requesting a density bonus that exceeds 88.75 percent requires the following supplemental findings:

i. The project is consistent with and implements the affordable housing provisions of

the Housing Element of the General Plan, and does not seek approval through the

Housing Element Sites Program (Sec. 9.2.6.) ;

ii. The project contains at minimum the requisite number of restricted afordable unitf s,

based on the number of dwelling units provided, excluding dwelling units added by a

density bonus, on the date of application as follows under a single income category:

a) Twenty-five percent very low-income units for an 88.75 percent density increase

(15 percent + 10 percent per California Government Code Sec. 65915(f) and (v)) ; or

b) Twenty-four percent low-income units for a 50 percent density increase

(California Government Code Sec. 65915(f)) ; or

c) Forty-four percent moderate income units for a 50 percent density increase in for

sale project (California Government Code Sec. 65915(f)) .

iii. The project meets any applicable dwelling unit replacement requirements and

demolition protections of California Government Code Sec. 65915(c)(3), and Div. 4C.15. (Resident Protections) of this Chapter, as verified by the Los Angeles Housing

Department (LAHD). Replacement units required pursuant to these provisions may

count towards any on-site restricted afordable unitf requirement above.

iv. The project's restricted afordable unitf s are subject to a recorded affordability

restriction of 55 years or 99 years pursuant to Div. 4C.15. (Resident Protections) as

applicable, running from the issuance of the Certificate of Occupancy, recorded in a

covenant acceptable to the Los Angeles Housing Department, and subject to fees as

set forth in Sec. 15.4.2. (Fees For Enforcement of Housing Covenants) .

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v. The project meets the requirements for projects that include affordable housing

referenced in Sec. 4C.15.3. (Restricted Affordable Units), including the Fair Housing Requirements For Affordable Housing.

f. Other Discretionary Approvals

Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to a project

seeking other discretionary approvals in conjunction with an application requested

pursuant to this Section (State Density Bonus Program) .

Regardless of any other findings that may be applicable for the other discretionary

approvals, the decision maker shall approve the incentives requested pursuant to the

State Density Bonus Program, subject to any procedures established in this Paragraph (Procedures) and findings and standards established in Paragraph 2. (Standards for Review

and Required Findings), below.

2. Standards for Review and Required Findings

a. Standards for Review for Additional Incentives

For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(k) .

Additional incentives in Sec. 9.2.1.C.3. (Additional Incentives) shall be granted unless one of the following written findings is made, based upon substantial evidence:

i. The incentive does not result in identifiable and actual cost reductions, consistent with

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified

in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(c) ; or

ii. The incentive will have a specifc adverse impacti upon public health and safety or on

any real property that is listed in the California Register of Historical Resources and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i adverse impact without rendering the development unaffordable to low income

households and moderate income households. Inconsistency with the zoning

ordinance or General Plan Land Use Designation shall not constitute a specifc adverse i

impact upon the public health or safety; or

iii. The incentive would be contrary to state or federal law

b. Required Findings for Waivers

For the purposes of required findings for waivers, ‘development standard’ shall be defined

as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

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Sec. 65915(o)(2) . Waivers pursuant to Paragraph 4. (Waivers) of Subsection C. (Program

Rules), above, shall be approved by the applicable decision maker unless the decision maker finds any of the following, based on substantial evidence:

i. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the

eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules),

above, at the densities or with the base incentives and additional incentives permitted

under Subsection C. (Program Rules), above; or

ii. The waiver would have a specifc adverse impacti, upon public health and safety and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i

adverse impact. Inconsistency with the zoning ordinance or General Plan Land Use

Designation shall not constitute a specifc adverse impacti upon the public health or

safety; or

iii. The waiver would have an adverse impact on any real property that is listed in the

California Register of Historical Resources; or

iv. The waiver would be contrary to state or federal law.

3. Records and Agreements

Prior to the issuance of a building permit for any project qualifying for a density bonus

pursuant to the provisions of this Section (State Density Bonus Program), covenants

acceptable to the Los Angeles Housing Department and meeting the requirements in this

Section (State Density Bonus Program) and in Div. 4C.15. (Resident Protections) shall be

recorded with the Los Angeles County Recorder.

4. Vesting

An application for an entitlement that was filed and fees paid prior to the date on which this

Section (State Density Bonus Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including any incentive menus or options, that were in effect on the date the application was filed and fees were paid where a public hearing, when required, has been held. An application for an entitlement that was filed and fees paid prior to the date on

which this Section (State Density Bonus Program) becomes operative, may elect to apply the

Procedures and comply with the Administration requirements of this Section (State Density

Bonus Program), if a public hearing, when required, has not yet been held for the project. Any

such project shall be subject to all other applicable provisions of this Chapter that were in effect on the date the application was filed and fees were paid. Projects shall only be eligible for the incentives of this Section (State Density Bonus Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (State

Density Bonus Program) .

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A. Intent

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The Affordable Housing Incentive Program aims to increase the production of affordable housing

projects, including priority housing projects, by implementing state density bonus requirements

as set forth in California Government Code Sec. 65915-65918 for one hundred percent afordable f

housing projects, with tailored application for sites owned by public agencies, religious institutions, nonprofit community land trusts, and cooperatives. In conjunction with the incentives granted by state law, the program offers incentives to make affordable housing construction more feasible,

particularly in areas of higher opportunity and quality transit service. The program establishes

applicability, program rules, and streamlined procedures through which eligible projects can

access state and local incentives.

B. Applicability

This Section (Affordable Housing Incentive Program), the “Affordable Housing Incentive Program”, applies to a project that meets all of the following criteria: meets the definition of either a one

hundred percent afordable housing projectf, a faith-based organization project, a shared equity

project, or a public land project; provides the required set-asides of restricted afordable unitf s

in exchange for a density bonus and additional incentives; meets the eligibility criteria in Sec.

9.2.2.C.1. (Eligibility), below, and involves a project activity listed in Paragraph 1. (Project Activities),

below.

1. Project Activities

The following project activities are subject to the Affordable Housing Incentive Program:

a. New construction for which all new foor areal meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

b. A use modifcationi, including the conversion of existing foor areal from a non-residential

use to a residential use or an increase in dwelling units within existing foor areal, for which

all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria

provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

c. A lot modifcationi that results in dwelling units that meet the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

2. Reconciling Provisions

a. Relationship to Other Incentive Programs

A project is ineligible for the bonuses, incentives and procedures of the Affordable Housing

Incentive Program, if it participates in any other housing incentive program in this Article (Public Benefit Systems), elsewhere in the Los Angeles Municipal Code, in a Specifc Plani,

Supplemental District, or Special Zone, or in any other City regulation or guideline, except:

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i. A project may utilize the streamlining incentives in the Housing Element Sites

Streamlining Program (Sec. 9.2.6.), provided that the project meets the requirements

for both programs.

ii. A project that meets the definition of a Type I Unified Adaptive Reuse Project, and the

eligibility requirements for both the Affordable Housing Incentive Program and the

Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse

Program), may participate in both incentive programs and receive incentives pursuant to both programs. The portion of the Type I Unified Adaptive Reuse Project consisting

of new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options outlined in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), and Paragraph 5. (Public Benefits) of

Subsection C. (Program Rules), below, unless otherwise stated, and the project shall

comply with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the

corresponding project type definition and associated project request.

iii. This Section (Affordable Housing Incentive Program) expressly authorizes a project to

use another housing incentive program as specified.

b. Relationship to Specific Plans, Supplemental Districts, and Special Zones

As this Section (Affordable Housing Incentive Program) implements State Density Bonus

law pursuant to California Government Code Sec. 65915-65918, in the event an applicable Specifc Plani, Supplemental District, or Special Zone differs from the procedures, requirements, and provisions of this Section (Affordable Housing Incentive Program), the provisions of this Section (Affordable Housing Incentive Program) shall prevail where a project applicant seeks approval through this Section (Affordable Housing Incentive

Program) .

c. Relationship to Other Zoning Provisions

i. General

As this Section (Affordable Housing Incentive Program) implements State Density

Bonus law pursuant to California Government Code, Chapter 4.3 (Density Bonuses and Other Incentives), Sec. 65915-65918, in the event of any difference between the provisions of this Section (Affordable Housing Incentive Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of this Section (Affordable

Housing Incentive Program) shall prevail.

ii. Relationship to Inclusionary Housing

Restricted afordable unitf s provided in order to meet the eligibility criteria for participation in the Affordable Housing Incentive Program may also be used in order

to count toward the restricted afordable unitf s required by the Inclusionary Housing

Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.

Sec. 9.2.2. (Affordable Housing Incentive Program) | 9-25 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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iii. Relationship to Project Review Threshold Packages

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Regardless of the otherwise applicable Development Review Threshold Package

required by the applied Development Standards District (Part 4B.) and the requirements in Development Review (Sec. 4C.14.), projects participating in the Affordable Housing

Incentive Program are exempt from review pursuant to Sec. 13B.2.4. (Project Review) .

d. Relationship to State Density Bonus Law

The Affordable Housing Incentive Program is intended to be consistent with State Density

Bonus Law in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918 . If at any time, the Affordable Housing Incentive Program

becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses

and Other Incentives), Sec. 65915-65918, as determined by the Director, the provisions of State Density Bonus Law shall supersede the provisions in this Section (Affordable Housing

Incentive Program) . The Director may prepare Implementation Memorandums, Technical

Bulletins, and/or User Guides for the purposes of providing additional guidance on the implementation of this Section (Affordable Housing Incentive Program) and maintaining

consistency with the State Density Bonus Law.

C. Program Rules

1. Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or other incentives provided in the Affordable Housing Incentive Program in Paragraphs 2. (Base

Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), and Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph

(Eligibility), as applicable, and provide the required restricted afordable unitf s in order to obtain

any particular incentive.

a. Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for

purposes of this requirement includes dwelling units permitted as a result of a density

bonus granted pursuant to Paragraph 2. (Base Incentives), below.

b. Zoning

i. The project shall not be located on a lot with an applied Density District (Part 6B.) of N,

except a public land project.

ii. The project shall not be located on a lot with an applied Density District (Part 6B.) of

1L, except any of the following:

a) A public land project.

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b) A faith-based organization project on a lot purchased by a religious institution

before January 1, 2024, or on a lot located within 0.1 miles of a lot containing an operating community assembly use owned by the filing religious institution.

c) A one hundred percent afordable housing projectf on a project site with a

maximum allowable residential density of five or more dwelling units.

c. Residential Use

A minimum of 2/3 of the total foor areal of a project, including newly constructed foor l

area and renovated or converted foor areal, must be dedicated to residential uses and

residential amenity space for the units.

d. Affordability Levels

i. Percentage of Restricted Affordable Units

The project shall reserve a minimum percentage of all dwelling units (including bonus

units) for restricted afordable unitf s on-site according to the project type as shown in the table below, subject to the affordability standards below.

REQUIRED PERCENTAGE OF

RESTRICTED AFFORDABLE UNITS BY PROJECT TYPE

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ii. Income Levels

a) One Hundred Percent Affordable Housing Projects

Consistent with California Government Code Sec. 65915(b)(1)(G), in a one hundred

percent afordable housing projectf all dwelling units or shared housing units in a

shared housing building (including density bonus units but excluding a manager unit or staff units pursuant to California Government Code Sec. 65913.16), shall

be restricted afordable unitf s for lower income households ( California Health

and Safety Code Sec. 50079.5 ), except that up to 20 percent of all dwelling units

may be for moderate income households ( California Health and Safety Code Sec. 50053 and 50093 ). The affordable rents for at least 20 percent of all units shall be set per California Health and Safety Code Sec. 50053, but affordable rents for

the remaining units shall be set for lower income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Sec. 50052.5.

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b) Public Land Projects

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A public land project shall provide a percentage of dwelling units (excluding

dwelling units added by a density bonus) as restricted afordable unitf s meeting one of the following income and affordability levels for one of the unit types specified

in parentheses: 16 percent for very low income households (for rent or sale), 25

percent for lower income households (for rent or sale), or 45 percent for moderate

income households (for sale), as those referenced incomes, rents and housing costs are specified in California Government Code Sec. 65915 . The remaining

required restricted afordable unitf s may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to

120 percent of the area median income, as determined by the California Tax Credit

Allocation Committee, or per California Health and Safety Code Sec. 50052.5

and Sec. 50053 . A project may elect to set these remaining required restricted afordable unitf s at a lower income and affordability level. In addition, 20 percent of

all project dwelling units (inclusive of density bonus units) may be unrestricted.

c) Faith Based Organization Projects

A faith-based organization project shall provide a percentage of dwelling units

(excluding dwelling units added by a density bonus) as restricted afordable f units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent for very low income households

(for rent or sale); 25 percent for low income households (for rent or sale); or 45

percent for moderate income households (for sale), as those referenced incomes, rents and housing cost are defined in California Government Code Sec. 65915 .

The remaining required restricted afordable unitf s may be set up to the maximum income, affordable rent, and affordable for-sale housing cost for lower income

households, as determined by the California Tax Credit Allocation Committee, or

per California Health and Safety Code Sec. 50052.5 and Sec. 50053 ; but with the

exception that up to 20 percent of the remaining required restricted afordable f units may be set at an affordable rent or for-sale housing cost to households

earning up to 120 percent of the area median income, as determined by the

California Tax Credit Allocation Committee, or per California Health and Safety

Code Sec. 50052.5 and Sec. 50053 . A project may elect to set these remaining required restricted afordable unitf s at a lower income and affordability level. In

addition, 20 percent of all project dwelling units (inclusive of a density bonus) may

be unrestricted.

d) Shared Equity Projects

A shared equity project shall provide a percentage of dwelling units (excluding

dwelling units added by a density bonus) as restricted afordable unitf s meeting one of the following income and affordability levels for one of the unit types specified

in parentheses: 16 percent for very low income households (for rent or sale), 25

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percent for lower income households (for rent or sale), or 45 percent for moderate

income households (for sale), as those referenced incomes, rents and housing costs are specified in California Government Code Sec. 65915 . The remaining

required restricted afordable unitf s may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to

120 percent of the area median income, as determined by the California Tax Credit

Allocation Committee, or per California Health and Safety Code Sec. 50052.5

and Sec. 50053 . A project may elect to set these remaining required restricted afordable unitf s at a lower income and affordability level. In addition, 20 percent of

all project dwelling units (inclusive of density bonus units) may be unrestricted.

iii. Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted afordable unitf s, the percentage of each affordability level shall be based on the total project dwelling

unit count, including dwelling units permitted as a result of a density bonus granted

pursuant to Subparagraph a. (State Base Incentives) of Paragraph 2. (Base Incentives), except where otherwise specified for certain project types. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency

Dwelling Unit) .

iv. Rent Schedules

As specified in the provisions in this Section (Affordable Housing Incentive Program),

projects shall use the indicated rent schedule published by the Los Angeles Housing

Department for purposes of providing restricted afordable unitf s. Covenants

documenting required rental or for sale rates shall be recorded pursuant to the

procedures described in Sec. 9.2.2.D.3. (Records and Agreements) .

e. Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition

protections in Div. 4C.15. (Resident Protections) . Replacement dwelling units required

pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted afordable f

unit requirements.

f. Fair Housing Requirements

Restricted afordable unitf s shall meet the applicable requirements regarding the size,

location, amenities and allocation of restricted afordable unitf s established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical

Bulletin prepared and adopted by the Los Angeles Housing Department or Department of

City Planning.

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g. Environmental Exclusions

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i. A faith-based organization project or shared equity project participating in the Affordable Housing Incentive Program shall not be located fully or partially on a lot

located within a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level

Rise Area.

ii. A one hundred percent afordable housing projectf on a lot with a maximum allowable

residential density of less than five dwelling units shall not be eligible for the Affordable

Housing Incentive Program if the project is fully or partially on a lot located within a

Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area.

h. Historic Resources

i. A project requiring the demolition of a designated historic resource, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), shall not be eligible for the Affordable Housing Incentive Program (Sec. 9.2.2.) Any proposed alteration to a designated historic resource shall not be approved for the Affordable

Housing Incentive Program until any required review pursuant to the LAMC, or other

state or federal law, is completed.

ii. A faith-based organization project or a shared equity project shall not be eligible for

the Affordable Housing Incentive Program (Sec. 9.2.2.) if it requires the demolition, as defined in Sec. 13B.8.1.C. (General Provisions), of a surveyed historic resource.

iii. A faith-based organization projects or a shared equity project that proposes to alter

a surveyed historic resource must be consistent with the Secretary of the Interior's

Standards for the Treatment of Historic Properties, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historical Resources if consistent with adopted

Implementation Memorandum, Guidelines, or Technical Bulletin of the Director of City Planning. This requirement does not apply if the Office of Historic Resources has

determined the surveyed historic resource is not eligible for listing individually or as a

contributor to a district on a local, state or federal register of historic resources.

i. Unit Habitability Requirements

For purposes of a one hundred percent afordable housing projectf in this Section (Affordable Housing Incentive Program), the term “dwelling unit” or “unit” shall mean a

complete independent living facility that includes permanent provisions for living, sleeping,

eating, a kitchen, and sanitation, or a shared housing unit in a shared housing building; but

the term shall not include a household dwelling unit or an efficiency dwelling unit. When

the term “dwelling unit” or “unit” is used in reference to a shared equity project, public land project, or a faith-based organization project in this Section (Affordable Housing

Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent

living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and

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sanitation; but the term shall not include a shared housing unit, household dwelling unit,

or an efficiency dwelling unit.

2. Base Incentives

a. State Base Incentives

A one hundred percent afordable housing projectf shall be eligible for any density bonus,

height, and parking incentives provided by California Government Code, Chapter 4.3.

(Density Bonuses and Other Incentives), Sec. 65915-65918, as shown in the table below

for reference.

BASE INCENTIVES THROUGH STATE DENSITY BONUS

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Base incentives shall be granted to a project participating in the Affordable Housing

Incentive Program, subject to all applicable provisions in this Subparagraph (Local Base

Incentives), and Sec. 9.2.2.D.1.a. (Projects Requesting Base Incentives & Incentives on the

Menu of Additional Incentives) .

i. Project type. The project shall be one of the following:

a) A one hundred percent afordable housing projectf ;

b) A faith-based organization project;

c) A shared equity project; or

d) A public land project.

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ii. Base incentives

City of Los Angeles Zoning Code Chapter 1A

The base incentives described in the following table shall be granted to the project

based on the project’s geographic criteria and maximum residential density under the

assigned Density District (Part 6B.) .

BASE INCENTIVES FOR THE

AFFORDABLE HOUSING INCENTIVE PROGRAM

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City of Los Angeles Zoning Code Chapter 1A

BASE INCENTIVES FOR THE

AFFORDABLE HOUSING INCENTIVE PROGRAM

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iii. Public Land Project and One Hundred Percent Affordable Housing Project

Exceptions to Local Base Incentives

a) Regardless of the contrary in the table above, a public land project shall be granted

a minimum foor areal ratio of 3.0, residential uses, the applicable incentives identified for projects with a maximum allowable residential density of five in

the table immediately above, and a height of three stories or 33 feet. Public land

projects may also access the incentives in Sub-sub-subparagraph c), below.

b) Regardless of the otherwise applicable use permissions set by the applied Use

District (Part 5B.), use permissions for the public land project participating in the Affordable Housing Incentive Program shall be given an A+ use permission level, as

described in Subsection B. (Dependent on Most Permissive Adjoining Zone (A+)) of

Sec. 5A.3.6. (Depending on Adjoining Zoning (A- & A+) .

c) To implement the Affordable Housing Incentive Program, as part of the City’s

implementation of the State Density Bonus Law, a public land project that receives

a preceding resolution of support from City Council, may seek more than one

waiver through the process in Sec. 13B.3.2. (Expanded Administrative Review) .

d) Regardless of the local base incentives listed above, a one hundred percent

afordable housing projectf is limited to the density bonus, parking and height

incentives in California Government Code Sec. 65915 for a project meeting the eligibility criteria of Section 65915(b)(1)(G), where the project site allows five or

more dwelling units (excluding bonus units), and the site is located in Very High

Fire Hazard Severity Zone, the Coastal Zone, or Sea Level Rise Area; is on a lot

with an applied Density District (Part 6B.) of 1L; or in an Industrial Use District or

Industrial-Mixed Use District, that does not allow for residential uses.

iv. Shared Equity Project and Faith-Based Organization Project Exception to

Local Base Incentives

A shared equity project or a faith-based organization project shall be limited to the

base incentives in the table above for sites with a maximum allowable residential

density less than five dwelling units, regardless of the applicable maximum allowable

residential density.

a) Measure ULA Exception

A shared equity project receiving funding from a program established under Ord.

No. 187,692 (Measure ULA) shall be eligible for incentives as determined by the

maximum allowable residential density of the project site.

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v. Additional Base Incentives

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a) The required parking for current or proposed community assembly uses owned

by a filing religious institution shall be reduced by 50 percent and be counted

toward the automobile parking requirement of a project, pursuant to California

Government Code Sec. 65913.6.

b) No automobile parking is required for a faith-based organization project, including

both residential uses and non-residential uses, when there is a car share vehicle

located within one block of the project site.

c) A project shall be exempt from any applicable improvement requirement for

roadway widening, including the relocation of an established curb or curb and

gutter, pursuant to Div. 10.1. (Street Dedication & Improvement) . This incentive

shall not require an approval pursuant to Sec. 10.1.10. (Waiver and Appeals) . A

project utilizing this incentive shall comply with all dedication requirements under

Div. 10.1. (Street Dedication & Improvement) and complete all other required public

right-of-way improvements, including but not limited to sidewalk improvements,

unless a Waiver of Dedication and Improvement is granted pursuant to Sec.

10.1.10. (Waiver & Appeals) . A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements) . Regardless

of the above, any otherwise required dedication and improvement shall conform

to the Street Dedication and Improvement Investigation Criteria adopted or

amended pursuant to Council File 22-1476 . A project in a Very High Fire Hazard

Severity Zone, Hillside Area, Coastal Zone, or projects subject to procedures in Sec.

13B.2.3. (Class 3 Conditional Use Permit) shall not be eligible for this local base

incentive.

vi. Additional Standards for Base Incentives

a) Any additional foor areal provided in a local base incentive and exceeding the base

foor area ratiol allowed by the applied Form District (Part 2B.) shall be dedicated

only to residential uses and residential amenity space.

b) Any increase in height shall be applicable to a project site over the entire site

regardless of the number of underlying height limits. The height increase may be

applied to the maximum allowable height in feet or height in stories permitted by

the Form District (Part 2B.) .

c) For the purposes of calculating dwelling units granted as a result of a density

bonus, any calculation resulting in fractional numbers shall be rounded up to the

next whole number.

d) If an applicable Specifc Plani, Supplemental District, or Special Zone, or the applied

Form District (Part 2B.) allows a tier 1 bonus foor area ratiol or tier 1 bonus height

higher than what is granted in this program, qualifying projects may instead opt to

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use the tier 1 bonus foor area ratiol or tier 1 bonus height granted by the applicable

Specifc Plani, Supplemental District, Special Zone, or the applied Form District (Part

2B.), in lieu of the foor area ratiol or height granted in the local base incentive.

e) All automobile parking stalls provided shall comply with Sec. 4C.4.3. (Parking

Area Design), except that any combination of standard, compact or tandem

stalls may be provided. Tandem parking stalls that do not comply with Sec. 4C.4.3.C.12. (Tandem Parking) may be provided in any configuration as long as a

parking attendant or an automated parking system is provided. Regardless of any

otherwise applicable automobile parking design requirement, required automobile

parking stalls provided may be either covered or uncovered, consistent with

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(p)(4) .

f) If applicable, when calculating a project’s required automobile parking stalls, any

number resulting in a fraction shall be rounded up to the next whole number.

3. Additional Incentives

In addition to the applicable base incentives established in Paragraph 2. (Base Incentives), above, a project shall be granted up to five additional incentives in this Paragraph (Additional Incentives) . A project that satisfies the applicable eligibility criteria of this Section (Affordable Housing Incentive Program) may receive up to five incentives provided a project includes the

applicable percentage of restricted afordable unitf s (excluding units added by a density bonus)

that is necessary to obtain the maximum number of incentives available to an income category

under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i.

(Allowed Number of Additional Incentives) . Projects may use incentives to deviate from a

development standard or requirement in this Zoning Code (Chapter 1A) or an applicable Specifc Plani, Supplemental District, or Special Zone, unless otherwise specifically provided. The five additional incentives may be any combination of incentives listed in Subparagraph

a. (Menu of Additional Incentives), below, or incentives requested under Subparagraph b.

(Incentives Not Listed on the Menu of Additional Incentives) .

a. Menu of Additional Incentives

A project shall be granted requested incentives from the Menu of Additional Incentives

listed in Sub-subparagraph i. through xiii ., below, pursuant to the procedures in Sec.

9.2.2.D.1.a. (Projects Requesting Base Incentives & Incentives from the Menu of Additional

Incentives), below. Regardless of the above, a project described in Subparagraph c.

(Exclusions), below, shall not be granted any incentive from the Menu of Additional

Incentives.

i. By-Right Adjustments

Relief from any zoning standard that would otherwise require approval pursuant to

Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be

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City of Los Angeles Zoning Code Chapter 1A

subject to the requirements of Sec. 13B.5.2. (Adjustment) . Each adjustment-equivalent

grant shall count as one incentive request. By-right adjustments shall not be granted in

the following cases:

a) A by-right adjustment shall not be used for an increase in height, any modifications

of signs standards, or for requests to allow parking in front of buildings, including

requests for reduction in parking setbacks that result in automobile parking stalls

being located closer to a frontage lot line than other buildings or structures in the

project.

b) A by-right adjustment shall not apply to designated historic resources or non

contributors.

ii. Alternative Frontage Districts

A project may use an alternative Frontage District in lieu of the applicable Frontage District, depending on the applied Use District (Part 5B.) on the project lot, as specified

below. Use of this incentive shall count as two incentives due to the number of

development standards included in a Frontage District, and shall not be combined with

a further by-right adjustment, pursuant to Sub-subparagraph i. (By-Right Adjustments),

above, for any of the development standards except for ground story height.

a) A project located on a lot with an applied Use District listed in Div. 5B.1. (Open

Space Use Districts), Div. 5B.2. (Agricultural Use Districts), Div. 5B.3. (Residential

Use Districts ), Div. 5B.4. (Residential-Mixed Use Districts), or Div. 5B.8. (Public Use

Districts) may use the Multi-Unit 2 (MU2) Frontage District, in Sec. 3B.2.2. (Multi-

Unit 2 (MU2)) .

b) A project located on a lot with any applied Use District, not listed in Sub-sub-

subparagraph (a), above, may use either the Multi-Unit 2 (MU2) Frontage District,

in Sec. 3B.2.2. (Multi-Unit 2 (MU2)), or the General 1 (G1) Frontage District, in Sec.

3B.3.1. (General 1 (G1)) .

iii. Averaging of Floor Area, Lot Amenity Space, Parking, and Density

A project that is located on two or more abutting lots may average the maximum floor

area, minimum lot amenity space, minimum parking, and maximum density over the

project site, provided that:

a) The proposed uses are permitted by the applied Use District (Part 5B.) of each area

the proposed uses will be located; and

b) A covenant running with the land is recorded with the Los Angeles County

Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or

any other action that may cause the project site to be subdivided subsequent to

this grant, is permitted for the life of the project.

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iv. Setbacks

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A project may reduce all applicable building setbacks by 20 percent or less as specified

in Sec. 2C.2.2.F. (Relief) . The bundle of reduced setbacks shall require the use of only

one incentive.

v. Upper-Story Bulk

A project may be exempt from any District Boundary Height Transition requirement

established in Sec. 2C.6.2. (District Boundary Height Transition) or required by an

applicable Specifc Plani, Special Zone, or Supplemental District.

vi. Ground Floor Activation

Where foor areal dedicated to non-residential uses is required by an applied zoning

district or applicable Specifc Plani, Supplemental District, or Special Zone, that requirement may be reduced by 50 percent and be satisfied by providing residential

lobbies, community rooms, residential amenity spaces, child care facilities, supportive

services areas, or another use with the primary purpose of providing services and

assistance to residents of the building or the general public

vii. Ground Story Height

A project may provide a ground story height of 10 feet in lieu of an otherwise

applicable ground story height requirement. This incentive shall not be combined with

a by-right adjustment related to ground story height, pursuant to Sub-subparagraph

i. (By-Right Adjustments), above, or used in conjunction with an alternative frontage,

pursuant to Sub-subparagraph ii. (Alternative Frontage Districts), above.

viii. Commercial Parking

A project may request the elimination of any requirement to provide new or maintain

existing automobile parking stalls associated with a general commercial use or heavy

commercial use that is proposed in conjunction with the project.

ix. Density Calculation

Any area of any land required to be dedicated for street or alley purposes may be

included as lot area for purposes of calculating the maximum density permitted by the

applied Density District (Part 6B.) .

x. Building Coverage

Up to a 25 percent increase in building coverage limits is allowed.

xi. Lot Width

Up to 25 percent decrease in the required lot width is allowed.

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xii. Low-Density Lot Requirements

City of Los Angeles Zoning Code Chapter 1A

A faith-based organization project or a shared equity project on a lot with a maximum allowable residential density of less than five dwelling units is eligible for a reduction of

otherwise required lot size standards as part of a small lot subdivision as follows:

a) Minimum lot area: 600 square feet

b) Minimum lot width: 15 feet

c) Minimum lot access: A three-foot pedestrian accessway may be provided in lieu of

otherwise required automobile access requirements.

xiii. Low-Density Setbacks

A faith-based organization project or a shared equity project on a lot with a maximum allowable residential density of less than five dwelling units is eligible for the reduction

of otherwise required building setback standards, up to the following minimums:

a) Primary street setback reductions are limited to no more than the average of

the primary street setbacks of buildings on abutting lots facing the same primary

street lot line. If a project is located on a corner lot or adjacent to a vacant lot,

the primary street setback may align with the building face of the forward-most

building on the abutting lot facing the same primary street lot line. If there are no

buildings on abutting lots, no reduction in primary street setback is permitted. If a

project occupies all the lots on an entire block, a reduction to the primary street

setback is permitted when combined with an increase in the rear setback of the

same dimension.

b) Side setback of four feet for a three-story structure, or three feet for a two-story

structure.

c) A project providing dwelling units as part of a small-lot subdivision may utilize an

interior side setback of zero feet.

d) Rear setback of four feet.

e) Alley setbacks of zero feet for a structure that maintains a height of less than 26

feet in height for at least the first 15 feet from the alley lot line.

b. Incentives Not Listed on the Menu of Additional Incentives

A project may request incentives not listed in Subparagraph a. (Menu of Additional

Incentives), above, or in excess of an incentive allowed in Subparagraph a. (Menu of

Additional Incentives), above, subject to the approval process in Sec. 9.2.2.D.1.b. (Projects

Requesting Incentives Not on the Menu of Additional Incentives), below.

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c. Exclusions

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Projects meeting either of the criteria below are not eligible to use the Menu of Additional

Incentives established in Subparagraph a. (Menu of Additional Incentives), above:

i. Projects located in a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea

Level Rise Area, or

ii. Projects requiring demolition, as demolition is defined in Subsection C. (Definitions) of

Sec. 13B.8.1. (General Provisions), of either

a) a designated historic resource, or

b) a surveyed historic resource identified in a Specifc Plani, CPIO or Conservation

District for any historic protection, special consideration, or special review for historic or architectural significance.

4. Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the

additional incentives granted pursuant to Paragraph 3. (Additional Incentives) above, subject to

the approval process in Sec. 9.2.2.D.1.c. (Projects Requesting Waivers) below.

5. Public Benefits

A project may access additional foor area ratiol or height, or other modifications of standards by providing one or more public benefits, as described below. Projects providing public benefits shall be reviewed and approved pursuant to the processes provided in Sec. 9.2.2.D.1.d. (Projects Providing Public Benefits), below.

a. Any project providing a childcare facility meeting the standards in Sec. 9.3.4.C.4.a.

(Childcare Facility) of Sec. 9.3.4. (Public Benefits Menu) shall receive either the incentive in

Sub-subparagraphs i. or ii., below:

i. Additional foor areal for residential use equivalent to the total foor areal dedicated to a

qualifying childcare facility in the project, or

ii. One additional incentive from the Menu of Additional Incentives (Sec 9.2.2.C.3.a.)

or an incentive not listed on the Menu of Additional Incentives (Sec 9.2.2.C.3.b.) that contributes significantly to the economic feasibility of the construction of the

childcare facility.

b. Any project, except for (a) a faith-based organization project, or (b) a one hundred percent

afordable housing projectf located in whole or in part on a lot in a Very High Fire Hazard

Severity Zone, the Coastal Zone, or a Sea Level Rise Area, is eligible to utilize the following public benefits options:

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i. Any public benefit options listed for Public Benefits Incentive Set 2 (Sec. 9.3.4.C.3.b.) ;

and

ii. Any public benefit options listed for any Public Benefits Incentive Set mapped for the

lot on the Public Benefits Incentive Map (Sec. 1.5.12.) .

c. Multiple public benefit options can be provided by one project in order to combine and

stack public benefit bonuses and may exceed the tier 2 bonus foor area ratiol and the tier 2

bonus height of the applied Form District.

d. A project that provides five or more public benefit options shall receive an additional

11 feet in height in addition to any height bonus(es) granted through base incentives, additional incentives, waivers, and public benefits pursuant to Paragraphs 2., 3 ., 4 ., and 5 .

of this Subsection (Program Rules) .

D. Administration

1. Procedures

The following review and approval procedures apply to projects participating in the Affordable

Housing Incentive Program. Ministerial approval in this Paragraph shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec.

65583.2(i) .

a. Projects Requesting Base Incentives & Incentives on the Menu of Additional

Incentives

A project requesting only the base incentives provided in Paragraph. 2. (Base Incentives) of

Subsection C. (Program Rules), above, or incentives from the menu of additional incentives

as listed in Sec. 9.2.2.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.2.C.4. (Waivers) or off-menu incentive under Sec. 9.2.2.C.3.b.

(Incentives Not Listed on the Menu of Additional Incentives), shall be granted with a

ministerial approval by the Department of Building and Safety, subject to the following:

i. Additional incentives shall comply with the additional standards in Sec. 9.2.2.D.2.a.

(Standards for Review for Additional Incentives), below; and,

ii. A faith-based organization project or a shared equity project on a lot that includes

a surveyed historic resource shall be reviewed pursuant to Sec. 13B.3.2. (Expanded

Administrative Review), unless the project proposes alterations to the surveyed historic

resource that do not conform to the Secretary of Interior’s Standards for the Treatment

of Historic Properties, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted as determined by the Office of Historic Resources, if consistent with the applicable

adopted Implementation Memorandum, Guidelines or Technical Bulletins of the

Director of City Planning; and in that case is subject to review pursuant to Sec. 13B.2.5.

(Director Determination) .

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b. Projects Requesting Incentives Not Listed on the Menu of Additional Incentives

A project requesting incentives pursuant to Sec. 9.2.2.C.3.b. (Incentives Not Listed on the

Menu of Additional Incentives) shall be ministerially approved pursuant to Sec. 13B.3.2.

(Expanded Administrative Review) and shall be granted subject to the additional standards

provided in Sec. 9.2.2.D.2.a. (Standards for Review for Additional Incentives), below.

i. Exceptions

A faith-based organization project or a shared equity project on a lot that includes

a surveyed historic resource shall be reviewed pursuant to Sec. 13B.2.5. (Director

Determination), if the project proposes alterations to the surveyed historic resource

that does not conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties, as determined by the Office of Historic Resources in consideration

of an expert study.

c. Projects Requesting Waivers

A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e)

along with the number of additional incentives permitted pursuant to Sec. 9.2.2.C.3.

(Additional Incentives) above, shall be reviewed and approved as follows:

i. Projects requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection

C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.3.2. (Expanded

Administrative Review) .

a) Exceptions

A faith-based organization project or a shared equity project on a lot that includes

a surveyed historic resource shall be reviewed pursuant to Sec. 13B.2.5. (Director

Determination), if the project proposes alterations to the surveyed historic

resource that does not conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties, as determined by the Office of Historic Resources

in consideration of an expert study.

ii. A project requesting two or three waivers pursuant to Paragraph 4. (Waivers) of

Subsection C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.2.5.

(Director Determination) .

iii. A project requesting more than three waivers pursuant to Paragraph 4. (Waivers) of

Subsection C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.2.3.

(Class 3 Conditional Use) .

iv. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers

shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of any findings in Div. 13B.2.

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City of Los Angeles Zoning Code Chapter 1A

(Quasi-Judicial Review) ; and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a

Director Determination are appealable to the City Planning Commission.

v. A public land project that received a preceding resolution of support from City Council

may request more than one waiver through Sec. 13B.3.2. (Expanded Administrative Review) and applicable findings.

d. Projects Providing Public Benefits

A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as provided in Paragraph 5. (Public Benefits) of Subsection C.

(Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded

Administrative Review) .

e. Other Discretionary Approvals

Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to a project

seeking other discretionary approvals in conjunction with any approvals requested pursuant to the Affordable Housing Incentive Program, including those listed in Paragraph

2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker shall approve the incentives requested pursuant to the Affordable Housing Incentive

Program, subject to any procedures established in this Paragraph 1. (Procedures), and findings and standards established in Paragraph 2. (Standards for Review and Required

Findings), below.

f. Density Bonuses, Incentives or Waivers Exceeding this Program

A project that seeks additional density bonuses, incentives or waivers beyond what is expressly allowed by this Sec. 9.2.2. (Affordable Housing Incentive Program), shall be

reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of

the Base Incentive) .

2. Standards for Review and Required Findings

a. Standards for Review for Additional Incentives

For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. Density Bonuses and Other

Incentives), Sec. 65915(k) . Additional incentives allowed pursuant to Sec. 9.2.2.C.3. (Additional Incentives), above, shall be granted unless one of the following written findings

are made, based upon substantial evidence:

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i. The incentive does not result in identifiable and actual cost reductions, consistent with

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified

in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(c) ; or

ii. The incentive will have a specifc adverse impacti upon public health and safety or on

any real property that is listed in the California Register of Historical Resources and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i adverse impact without rendering the development unaffordable to low income

households and moderate income households. Inconsistency with the zoning

ordinance or General Plan Land Use Designation shall not constitute a specifc adverse i

impact upon the public health or safety; or

iii. The incentive would be contrary to state or federal law.

b. Required Findings for Waivers

For the purposes of required findings for waivers, ‘development standard’ shall be defined

as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(o)(2) . Waivers pursuant to Sec. 9.2.2.C.4. (Waivers), above, shall be approved

by the applicable decision maker unless the decision maker makes one of the following findings, based upon substantial evidence:

i. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the

eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules),

above, at the densities or with the base incentives and additional incentives permitted

above; or

ii. The waiver would have a specifc adverse impacti upon public health and safety and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i

adverse impact. Inconsistency with the zoning ordinance or General Plan Land Use

Designation shall not constitute a specifc adverse impacti upon the public health or

safety; or

iii. The waiver would have an adverse impact on any real property that is listed in the

California Register of Historical Resources; or

iv. The waiver would be contrary to state or federal law.

3. Records and Agreements

Prior to the issuance of a building permit for any project participating in the Affordable

Housing Incentive Program and utilizing one or more incentives pursuant to this Section (Affordable Housing Incentive Program), covenants acceptable to the Los Angeles Housing

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City of Los Angeles Zoning Code Chapter 1A

Department and meeting the requirements in this Section (Affordable Housing Incentive

Program) and Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County

Recorder. For shared equity projects, covenants shall restrict the resale of the property to Community Land Trusts, as defined in California Revenue and Taxation Code Sec. 402.1(a)

(11)(C)(ii), Limited Equity Housing Cooperatives and Workforce Housing Cooperative Trusts, as defined in California Civil Code Sec. 817, public agencies, or nonprofit affordable housing

corporations pursuant to Sec. 501(c)(3) of the United States Internal Revenue Code .

4. Vesting

An application for an entitlement that was filed and fees paid prior to the date on which this Section (Affordable Housing Incentive Program) becomes operative, shall be subject to all

applicable provisions of this Chapter, including any incentive menus or provisions, that were in effect on the date the application was filed and fees were paid where a public hearing, when required, has been held. An application for an entitlement that was filed and fees paid prior to the date on which this Section (Affordable Housing Incentive Program) becomes operative,

may elect to apply the Procedures and comply with the Administration requirements of this Section (Affordable Housing Incentive Program), if a public hearing, when required, has not yet

been held for the project. Any such project shall be subject to all other applicable provisions in this Chapter that were in effect on the date the application was filed. Projects shall only be eligible for the incentives of this Section (Affordable Housing Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Affordable Housing Incentive Program) .

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PROGRAM

A. Intent

The Opportunity Corridors Housing Incentive Program aims to establish specific incentives

and procedures for the local implementation of State Density Bonus requirements, pursuant to

California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n),

in order to encourage the creation and development of restricted afordable unitf s in mixed income developments along transit corridors in higher opportunity areas, and to ensure an equitable distribution of affordable housing across the City.

B. Applicability

This Section (Opportunity Corridors Housing Incentive Program), the “Opportunity Corridors

Housing Incentive Program”, applies to a project providing restricted afordable unitf s in exchange

for incentives granted in this Section (Opportunity Corridors Housing Incentive Program), and

the project meets the eligibility criteria in Sec. 9.2.3.C.1. (Eligibility), below, and involves a project

activity listed in Paragraph 1. (Project Activities), below.

1. Project Activities

The following project activities are subject to the Opportunity Corridors Housing Incentive

Program:

a. New construction for which all new foor areal meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

b. A use modifcationi, including the conversion of existing foor areal from a commercial use

to a residential use or an increase in dwelling units within existing foor areal, for which all

resulting new foor areal and all renovated foor areal meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

c. A lot modifcationi, including a subdivision, or common interest development (as defined

in California Civil Code, Sec. 4100 ), that results in dwelling units that meet the eligibility

criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

2. Reconciling Provisions

a. Relationship to Other Incentive Programs

A project is ineligible for the bonuses, incentives and procedures in the Opportunity

Corridors Housing Incentive Program if it is participating in any other housing incentive

program in the Los Angeles Municipal Code, or in a Specifc Plani, Supplemental District, or

Special Zone, or in any other City regulation or guideline, except:

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i. Projects participating in the Opportunity Corridors Housing Incentive Program

may utilize the streamlining incentives granted through the Housing Element Sites

Streamlining Program (Sec. 9.2.6.), provided that the projects meet the eligibility

requirements and program rules for both programs.

ii. Projects that meet the definition of a Type I Adaptive Reuse Project, and the eligibility

requirements for both the Opportunity Corridors Housing Incentive Program and the

Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse

Program), may participate in both incentive programs and receive incentives pursuant

to both programs. The portion of the Type I Adaptive Reuse Project consisting of

new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options provided in Paragraphs 2., 3., 4., and 5 . of Subsection

C. (Program Rules), below, unless otherwise stated, and the project shall comply

with Paragraph 1. (Procedures) in Subsection D. (Administration)) based on the corresponding project type definition and associated project request.

iii. This Section (Opportunity Corridors Housing Incentive Program) expressly authorizes a

project to use another housing incentive program, as specified.

b. Relationship to Specific Plans, Special Districts, and Special Zones

As this Section (Opportunity Corridors Housing Incentive Program) implements State

Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of an applicable Specifc Plani,

Supplemental District, or Special Zone, and the provisions of this Section (Opportunity

Corridors Housing Incentive Program), the provisions of this Section (Opportunity

Corridors Housing Incentive Program) shall prevail where a project seeks approval through

this Section (Opportunity Corridors Housing Incentive Program) .

c. Relationship to Other Zoning Provisions

i. General

As this Section (Opportunity Corridors Housing Incentive Program) implements State

Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of this Section (Opportunity Corridors

Housing Incentive Program) and any other provision of this Zoning Code (Chapter 1A),

the provisions of this Section (Opportunity Corridors Housing Incentive Program) shall

prevail.

ii. Relationship to Inclusionary Housing

Restricted afordable unitf s provided in order to meet the eligibility criteria for

participation in the Opportunity Corridors Housing Incentive Program may also

be used in order to count toward the restricted afordable unitf s required by the

Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing

Program) where applicable.

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iii. Regardless of the otherwise applicable Development Review Threshold Package

required by the applied Development Standards District (Part 4B.) and the requirements

of the Development Review (Sec. 4C.14.), projects participating in the Opportunity

Corridors Housing Incentive Program are exempt from review pursuant to Sec. 13B.2.4.

(Project Review) .

d. Relationship to State Density Bonus Law

The Opportunity Corridors Housing Incentive Program is intended to be consistent with

State Density Bonus Law at California Government Code, Chapter 4.3. (Density Bonuses

and Other Incentives), Sec. 65915-65918 . If at any time, the Opportunity Corridors

Housing Incentive Program becomes inconsistent with California Government Code,

Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, as determined by

the Director, the provisions of State Density Bonus Law shall supersede the provisions in

this Section (Opportunity Corridors Housing Incentive Program) . The Director may prepare

Implementation Memorandums, Technical Bulletins, and/or User Guides for the purposes

of providing additional guidance on the implementation of this Section (Opportunity

Corridors Housing Incentive Program) and maintaining consistency with the State Density

Bonus Law.

C. Program Rules

1. Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or other

incentives provided in the Opportunity Corridors Housing Incentive Program in Paragraph 2.

(Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers) and Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph

(Eligibility), as applicable, and provide any required restricted afordable unitf s in order to obtain

any particular incentive.

a. Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for

purposes of this requirement includes dwelling units permitted as a result of a density

bonus granted pursuant to Paragraph 2. (Base Incentives), below.

b. Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N or

1L or with an applied Use District (Part 5B.) in Div. 5B.7. (Industrial Use Districts) .

c. Residential Uses

A minimum of 2/3 of the total foor areal of a project, including newly constructed foor l

area and renovated or converted foor areal, must be dedicated to residential use and

residential amenity space for the units.

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d. Mixed Income Housing Incentive Map

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A project must be located on a lot, in whole or in part, for which an Opportunity Corridors

Housing Incentive Set has been mapped on the Mixed Income Housing Incentive Map

(Sec. 1.5.17.), or is mapped through a Specifc Plani, a Supplemental District, or a Special

Zone.

e. Affordability Levels

The project shall reserve a minimum percentage of its dwelling units for restricted

afordable unitf s on-site according to the Mixed Income Incentive Set designated for the

project lot, based on the housing market tier or the opportunity area of the lot, and subject to the affordability standards in Sub-subparagraphs i. through v., below.

i. Single or Mixed Affordability Option

A project may opt to meet its affordability requirement by providing restricted

afordable unitf s at rates determined by the methodology provided in: Sub-sub- subparagraph a) (Single Affordability Requirements), below; Sub-sub-subparagraph b) (Mixed Affordability Options), below; or Sub-sub-subparagraph c) (Low Income Site Affordability Requirements), below, as applicable.

a) Single Affordability Requirements

A project opting to use the “Single Affordability Requirements” shall provide

restricted afordable unitf s for one of the income levels listed in the “Income Levels”

column in the table below at the corresponding percentage of total dwelling units

(all units including bonus units) for the applicable Opportunity Corridors Incentive

Set and Market Tier for the project lot.

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b) Mixed Affordability Requirements

A project in a higher opportunity area, as specified by the California Tax Credit

Allocation Committee (TCAC) opportunity area for the project lot, may use the “Mixed Affordability Options” table to meet its restricted afordable unitf

requirement. Under this option a project may provide restricted afordable unitf s

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at the percentages and in the combinations listed in the “Income Levels” columns

in the following table, by applying the percentages to all project units (including bonus units). A project opting to use the Mixed Affordability Options must also

provide at least one restricted afordable unitf containing four or more habitable rooms at the acutely low-income affordability level.

MIXED AFFORDABILITY OPTIONS

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c) Low Income Site Affordability Requirements

A project on a site identified in Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) may meet its affordability requirement by providing 20 percent

of its on-site restricted afordable unitf s for lower income households, consistent

with California Government Code Sec. 65583.2.

ii. Opportunity Corridors Housing Incentive Set Designation

The applicable Opportunity Corridors Housing Incentive Set shall be determined based

on the designation shown on the Mixed Income Housing Incentive Map established

in Sec. 1.5.17. (Mixed Income Housing Incentive Map) or is mapped through a Specifc i

Plan, a Supplemental District, or a Special Zone.

iii. Calculating Affordability Requirements

In calculating the minimum percentage of restricted afordable unitf s, the percentage of each affordability level shall be based on the total project dwelling unit count,

including dwelling units permitted as a result of a density bonus. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified

in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit) .

iv. Housing Market Tier Designation

A project’s housing market tier shall be determined by the residential market areas adopted by City Council resolution, as described in Sec. 15.4.3. (Affordable Housing

Linkage Fee) .

v. Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted afordable unitf shall not exceed those specified in California Health and Safety Code, Sec. 50052.5 (Affordable

Housing Costs) for for-sale units or California Health and Safety Code, Sec. 50053 for

rental units. Covenants documenting required rental or for sale rates shall be recorded

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pursuant to the procedures described in Sec. 9.2.3.D.3. (Records and Agreements) .

Restricted afordable unitf s associated with one hundred percent afordable housing f projects shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a. (One Hundred Percent Affordable Housing Projects) .

f. Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition

protections established in Div. 4C.15. (Resident Protections) . Replacement dwelling units

required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted

afordable unitf requirements. In calculating replacement units, any number resulting in a

fraction shall be rounded up to the next whole number.

g. Fair Housing Requirements

Restricted afordable unitf s shall meet the applicable requirements regarding the size,

location, amenities and allocation of restricted afordable unitf s established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical

Bulletin prepared and adopted by the Los Angeles Housing Department or Department of

City Planning.

h. Historic Resources

i. A project requiring the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or

review by an applicable Specifc Plani, CPIO or Conservation District is not eligible for

incentives under the Opportunity Corridors Housing Incentive Program.

ii. A project involving the alteration of a designated historic resource shall be consistent

with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources,

if consistent with the applicable adopted Implementation Memorandum, Guidelines or

Technical Bulletins of the Director of City Planning.

i. Unit Habitability Requirements

For purposes of this Section (Opportunity Corridors Housing Incentive Program), the term

“dwelling unit” or “unit” shall mean a complete independent living facility that includes

permanent provisions for living, sleeping, eating, a kitchen, and sanitation. The term

“dwelling unit” or “unit” in this Section (Opportunity Corridors Housing Incentive Program)

shall not be a reference to a household dwelling unit, a shared housing unit, or an

efficiency dwelling unit.

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2. Base Incentives

City of Los Angeles Zoning Code Chapter 1A

A project meeting the eligibility criteria in Paragraph 1. (Eligibility), shall be granted the

following base incentives, Sec. 9.2.3.D.1.a. (Projects Requesting Base Incentives & Incentives on

the Menu of Additional Incentives) .

a. The project may utilize an Alternate Typology established in Div. 7B.6. (Opportunity

Corridors) as provided in the table below.

b. The project shall be exempt from any applicable improvement requirement for roadway

widening, including the relocation of an established curb or curb and gutter, pursuant to

Div. 10.1. (Street Dedication & Improvement) . This incentive shall not require an approval

pursuant to Sec. 10.1.10. (Waiver and Appeals) . A project utilizing this incentive shall comply

with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and

complete all other required public right-of-way improvements, including but not limited

to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted

pursuant to Sec. 10.1.10. (Waiver & Appeals) . A project shall further be eligible for relief

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from some required dedication, where specified by Sec. 10.2.1. (Requirements) . Regardless

of the above, any otherwise required dedication and improvement shall conform to the

Street Dedication and Improvement Investigation Criteria adopted or amended pursuant

to Council File 22-1476 . A project in a Very High Fire Hazard Severity Zone, Hillside Area,

or Coastal Zone, or projects subject to procedures in Sec. 13B.2.3. (Class 3 Conditional Use

Permit) shall not be eligible for this base incentive.

3. Additional Incentives

In addition to the applicable base incentives provided in Paragraph 2. (Base Incentives),

above, a project shall be granted up to four additional incentives in this Paragraph (Additional

Incentives) . Such a project may receive up to four incentives provided a project includes the

applicable percentage of restricted afordable unitf s (excluding units added by a density bonus)

that is necessary to obtain the maximum number of incentives available to an income category

under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i.

(Allowed Number of Additional Incentives) . Projects may use incentives to deviate from a

development standard or requirement in this Zoning Code (Chapter 1A) or in an applicable Specifc Plani, Supplemental District, or Special Zone, unless otherwise specifically provided.

The four additional incentives may be any combination of incentives listed in Subparagraph

a. (Menu of Additional Incentives), below, or incentives requested under Subparagraph b.

(Incentives Not Listed on the Menu of Additional Incentives) .

a. Menu of Additional Incentives

A project shall be granted requested incentives from the Menu of Additional Incentives

listed in Sub-subparagraphs i. through v., below, pursuant to the procedures in Sec.

9.2.3.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional

Incentives), below.

i. By-Right Adjustments

Relief from any zoning standard that would otherwise require approval pursuant to

Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be

subject to the requirements of Sec. 13B.5.2. (Adjustment) . Each adjustment-equivalent

grant shall count as one incentive request. By-right adjustments shall not be granted in

the following cases:

a) A by-right adjustment shall not apply to standards that regulate FAR, height,

any modifications of signs standards, or for requests to allow parking in front of

buildings, and lot amenity space.

b) A by-right adjustment shall not apply to a designated historic resource or a non

contributor.

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ii. Averaging of Floor Area, Lot Amenity Space, Parking, and Density

A project that is located on two or more abutting lots may average the maximum foor l

area, minimum lot amenity space, minimum parking, and maximum density over the

project site, provided that:

a) The proposed uses are permitted by the applied Use District (Part 5B.) of each area

the proposed uses will be located; and

b) A covenant running with the land is recorded with the Los Angeles County

Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or

any other action that may cause the project site to be subdivided subsequent to

this grant, is permitted for the life of the project.

iii. Density Calculation

Any area of any land required to be dedicated for street or alley purposes may be

included as lot area for purposes of calculating the maximum density permitted by the

applied Density District (Part 6B.) .

iv. Building Coverage

Up to a 25 percent increase in building coverage limits is allowed.

v. Lot Width

Up to 25 percent decrease in the required lot width is allowed.

b. Incentives Not Listed on the Menu of Additional Incentives

i. A project may request incentives not listed in, or in excess of an incentive allowed

in, Subparagraph a. (Menu of Additional Incentives), above, subject to the approval

process in Sec. 9.2.3.D.1.b. (Projects Requesting Incentives Not on the Menu of Additional Incentives), below, with the exception of any modification listed in Sub-

subparagraph ii., below.

ii. Modifications to the following standards, or their equivalents in an applicable Specifc i

Plan, Supplemental District, or Special Zone, altering the criteria or level of relief

allowed in Sub-subparagraph i. (By-Right Adjustments) of Subparagraph a. (Menu of

Additional Incentives), above, shall not be granted as an additional incentive through

this Section (Opportunity Corridors Housing Incentive Program) and are not eligible

for approval through this Section (Opportunity Corridors Housing Incentive Program) .

Projects that seek these types of incentives not on the menu shall seek approval

pursuant to the procedures, incentives and other requirements in Sec. 9.2.1. (State

Density Bonus Program) :

a) Lot Amenity Space (Sec. 2C.3.1.) ;

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b) Any foor area ratiol and height restriction established in Div. 2C.4. (Floor Area Ratio

& Height) ;

c) Any upper story bulk limitations established in Div. 2C.6. (Upper-Story Bulk) ;

d) Building Width (Sec. 2C.5.1.) ;

e) Building Setbacks (Sec. 2C.2.2.) ;

f) Ground story design requirements specified by the applied Frontage District (Part

3B.) ; or

g) Required Trees (Sec. 4C.6.2.) .

4. Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the

additional incentives granted pursuant to Paragraph 3. (Additional Incentives) above, subject to

the procedures in Sec. 9.2.3.D.1.c. (Projects Requesting Waivers) below.

5. Public Benefits

a. A project may access up to the tier 2 bonus foor area ratiol and tier 2 bonus height

allowed by the eligible Opportunity Corridors Alternate Typology established in Div. 7B.6.

(Opportunity Corridors) or by an applicable Specifc Plani, Supplemental District, or Special Zone, by providing one or more of the public benefits pursuant to Sec. 9.3.4. (Public Benefits Menu) pursuant to the following options:

i. Any public benefit options listed for Public Benefits Incentive Set 2, as established in Sec. 9.3.4. (Public Benefits Menu) .

ii. A project providing public benefits shall also be eligible to provide one or more of the

public benefit options listed for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.) . The mapped Public Benefits Incentive

Set shall establish the foor area ratiol and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu) .

b. Multiple public benefit options can be provided by one project in order to combine and

stack public benefit bonuses, but in no case shall the total bonus received exceed the

tier 2 bonus foor area ratiol and tier 2 bonus height, allowed by the eligible Opportunity

Corridors Alternate Typology established in Div. 7B.6. (Opportunity Corridors) .

c. Projects providing public benefits shall be reviewed and approved pursuant to the

processes outlined in in Sec. 9.2.2.D.1.d. (Projects Providing Public Benefits), below.

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D. Administration

1. Procedures

City of Los Angeles Zoning Code Chapter 1A

The following review and approval procedures apply to projects participating in the

Opportunity Corridors Housing Incentive Program. Ministerial approval in this Paragraph

(Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i) .

a. Projects Requesting Base Incentives & Incentives on the Menu of Additional

Incentives

A project requesting only the base incentives outlined in Sec. 9.2.3.C.2. (Base Incentives),

above, or additional on-menu incentives as outlined in Sec. 9.2.3.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.3.C.4. (Waivers) or off menu incentives under Sec. 9.2.3.C.3.b. (Incentives Not Listed on the Menu of Additional

Incentives), shall be subject to a ministerial approval process by the Department of Building

and Safety. Additional incentives approved by the Department of Building and Safety

shall comply with the additional standards in Sec. 9.2.3.D.2.a. (Standards for Review for

Additional Incentives), below.

b. Projects Requesting Incentives Not on the Menu of Additional Incentives

A project requesting incentives pursuant to Sec. 9.2.3.C.3.b. (Incentives Not on the Menu

of Additional Incentives), above, shall be subject to a ministerial approval process pursuant

to Sec. 13B.3.2. (Expanded Administrative Review) and shall be granted subject to the

additional standards in Sec. 9.2.3.D.2.a. (Standards for Review for Additional Incentives),

below.

c. Projects Requesting Waivers

A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e)

along with the number of additional incentives permitted pursuant to Sec. 9.2.3.C.3.

(Additional Incentives) above, shall be reviewed as follows:

i. A project requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection

C. (Program Rules), above, shall be approved pursuant to Sec. 13B.2.5. (Director

Determination).

ii. A project requesting more than one waiver pursuant to Paragraph 4. (Waivers) of

Subsection C. (Program Rules), above, shall be approved pursuant to Sec. 13B.2.3.

(Class 3 Conditional Use) .

iii. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers

shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of the findings in Div. 13.B.2.

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City of Los Angeles Zoning Code Chapter 1A

(Quasi-Judicial Review) ; and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a

Director Determination are appealable to the City Planning Commission.

d. Projects Providing Public Benefits

A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 5. (Public Benefits) of Subsection C.

(Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded

Administrative Review) . Such requests shall not be subject to any hearing procedures

regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review) .

e. Other Discretionary Approvals

Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects

seeking other discretionary approvals in conjunction with any incentives requested

pursuant to the Opportunity Corridors Housing Incentive Program including those listed in

Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the

decision maker shall approve the incentives requested pursuant to the Opportunity

Corridors Housing Incentive Program, subject to any procedures established in Paragraph

1. (Procedures), above, and standards established in Paragraph 2. (Standards for Review

and Required Findings), below.

f. Density Bonuses, Incentives or Waivers Exceeding this Program

Projects that seek additional density bonuses, incentives or waivers beyond what is

expressly allowed by this Section (Opportunity Corridor Housing Incentive Program),

shall be reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses

in Excess of the Base Incentive)

2. Standards for Review and Required Findings

a. Standards for Review for Additional Incentives

For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(k) . Additional incentives allowed pursuant to Sec. 9.2.3.C.3. (Additional Incentives), above, shall be granted unless one of the following written findings

are made, based upon substantial evidence:

i. The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code,

Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c) ; or

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ii. The incentive will have a specifc adverse impacti upon public health and safety or on

any real property that is listed in the California Register of Historical Resources and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i adverse impact without rendering the development unaffordable to low income

households and moderate income households. Inconsistency with the zoning

ordinance or General Plan Land Use Designation shall not constitute a specifc adverse i

impact upon the public health or safety; or

iii. The incentive would be contrary to state or federal law.

b. Required Findings for Waivers

For the purposes of required findings for waivers, ‘development standard’ shall be defined

as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(o)(2) . Waivers allowed pursuant to Sec. 9.2.3.C.4. (Waivers) shall be approved

by the applicable decision maker unless the decision maker makes one of the following findings, based upon substantial evidence:

i. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the

eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules),

above, at the densities or with the base incentives and additional incentives permitted

under Subsection C. (Program Rules), above.

ii. The waiver would have a specifc adverse impacti upon public health and safety and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i

adverse impact.

iii. The waiver would have an adverse impact on any real property that is listed in the

California Register of Historical Resources.

iv. The waiver is contrary to state or federal law.

3. Records and Agreements

Prior to the issuance of a building permit for any project participating in the Opportunity

Corridors Housing Incentive Program and utilizing one or more incentives pursuant to this

Section (Opportunity Corridors Housing Incentive Program), covenants acceptable to the

Los Angeles Housing Department and meeting the requirements in this Section (Opportunity

Corridors Housing Incentive Program) and Div. 4C.15. (Resident Protections) shall be recorded

with the Los Angeles County Recorder.

4. Vesting

An application for an entitlement that was filed and fees paid prior to the date on which this

Section (Opportunity Corridors Housing Incentive Program) becomes operative, shall be

subject to all applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects

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City of Los Angeles Zoning Code Chapter 1A

shall only be eligible for the incentives, procedures and other provisions of this Section (Opportunity Corridors Housing Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Opportunity

Corridors Housing Incentive Program) .

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A. Intent

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The Corridor Transitions Incentive Program aims to establish specific incentives and procedures for

the local implementation of State Density Bonus requirements, pursuant to California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n), and to facilitate the

creation and development of restricted afordable unitf s in lower density areas in the City, in order

to aid in smoothing the transition between higher-scale development along principal corridors to

lower-scale development in interior neighborhoods. The Corridor Transitions Incentive Program provides the rules and framework for offering graduated increases in density and foor area ratiol to

meet this goal, while responding to lower-scale residential design needs and constraints.

B. Applicability

This Section (Corridor Transitions Incentive Program), the “Corridor Transitions Incentive Program,”

applies to a project providing restricted afordable unitf s in exchange for incentives granted in this

Section (Corridor Transitions Incentive Program), and the project meets the eligibility criteria in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below, and involves a project activity listed in

Paragraph 1. (Project Activities), below.

1. Project Activities

The following project activities are subject to the Corridor Transitions Incentive Program:

a. New construction for which all new foor areal meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

b. A use modifcationi, including the conversion of existing foor areal from a commercial use

to a residential use or an increase in dwelling units within existing foor areal, for which all

resulting new dwelling units and all renovated dwelling units meet the eligibility criteria

outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

c. A lot modifcationi that results in dwelling units that meet the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

2. Reconciling Provisions

a. Relationship to Other Incentive Programs

A project participating in the Corridor Transitions Incentive Program shall be ineligible

for the incentives and procedures of any other housing incentive program in this Article (Public Benefit Systems), elsewhere in the Los Angeles Municipal Code, or in a Specifc i

Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline,

except:

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i. A project participating in the Corridor Transitions Incentive Program may also utilize

the streamlining incentives granted through the Housing Element Sites Streamlining

Program (Sec. 9.2.6.), provided that the project meets the eligibility requirements and

program rules for both programs.

ii. Projects that meet the definition of a Type I Adaptive Reuse Project and the eligibility

requirements for both the Corridor Transitions Incentive Program and the Citywide

Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse Program),

may participate in both incentive programs and receive incentives pursuant to

both programs. The portion of the Type I Adaptive Reuse Project consisting of new

construction may be eligible for base incentives, additional incentives, waivers, and public benefits options provided in Paragraphs 2., 3., 4., and 5. of Subsection

C. (Program Rules), below, unless otherwise stated, and the project shall comply

with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the corresponding project type definition and associated project request.

b. Relationship to Specific Plans, Supplemental Districts, and Special Zones

As this Section (Corridor Transitions Incentive Program) implements State Density Bonus

law pursuant to California Government Code Sec. 65915-65918, in the event an applicable Specifc Plani, Supplemental District, or Special Zone differs from the procedures,

requirements, and provisions of this Section (Corridor Transitions Incentive Program),

the provisions of this Section (Corridor Transitions Incentive Program) shall prevail where

a project applicant seeks approval through this Section (Corridor Transitions Incentive

Program) .

c. Relationship to Other Zoning Provisions

i. General

As this Section (Corridor Transitions Incentive Program) implements State Density

Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of this Section (Corridor Transitions Incentive

Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of

this Section (Corridor Transitions Incentive Program) shall prevail.

ii. Relationship to Inclusionary Housing

Restricted afordable unitf s provided in order to meet the eligibility criteria for

participation in the Corridor Transitions Incentive Program may also be used in order

to count toward the restricted afordable unitf s required by the Inclusionary Housing

Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.

iii. Relationship to Project Review Threshold Packages

Regardless of the otherwise applicable Development Review Threshold Package

required by the applied Development Standards District (Part 4B.), and the

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requirements of the Development Review (Sec. 4C.14.), projects participating in the

Corridor Transitions Incentive Program are exempt from review pursuant to Sec.

13B.2.4. (Project Review) .

d. Relationship to State Density Bonus Law

The Corridors Transitions Incentive Program is intended to be consistent with State Density

Bonus Law at California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915-65918 . If at any time, the Corridor Transitions Incentive Program

becomes inconsistent with the State Density Bonus Law, as determined by the Director,

the provisions of the State Density Bonus Law shall supersede the provisions in this Section

(Corridor Transitions Incentive Program) . The Director may prepare Implementation

Memorandums, Technical Bulletins, and/or User Guides for the purposes of providing

additional guidance on the implementation of this Section (Corridor Transitions Incentive

Program) and maintaining consistency with State Density Bonus Law.

C. Program Rules

1. Eligibility

To be eligible for any base incentives, public benefits, waivers or other incentives, in Paragraph 2. (Base Incentives) or Paragraph 3. (Public Benefits) below, a project shall comply with all

requirements in this Paragraph (Eligibility), as applicable, and provide any required restricted

afordable unitf s in order to obtain any particular incentive.

a. Mixed Income Housing Incentive Map

The project is on a lot that is, in whole or in part, mapped with a Corridor Transitions

Incentive Set on the Mixed Income Housing Incentive Map (Sec. 1.5.17.), or through a

Specifc Plani, Supplemental District, or Special Zone

b. Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N, 1L,

2, 3, 4, 6, 8, or 10.

c. Unit Threshold

The project must have a minimum of four or more dwelling units. For purposes of

calculating units for this requirement, new dwelling units created within existing foor l

area may be included and dwelling units permitted as a result of a density bonus granted

pursuant to Subparagraph b. of Paragraph 2. (Incentives), below, may be counted.

d. Residential Uses

A minimum of 2/3 of the total foor areal of the project, including newly constructed foor l

area and renovated or converted foor areal, must be dedicated to residential use and

residential amenity space for the units.

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e. Affordability Levels

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The project shall reserve the number of on-site restricted afordable unitf s in one of the

income levels listed in the “Income Level” column in the table below for the corresponding applicable Corridor Transitions Incentive Set, unless the project is on a site identified in

Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) and the project reserves

at least 20 percent of its on-site restricted afordable unitf s for lower income households,

consistent with California Government Code Sec. 65583.2 . The project unit count in

the below table includes all units in a project, including units allowed through a density bonus. All restricted afordable unitf s shall be subject to the affordability standards in Sub-

subparagraphs i. through iii., below.

AFFORDABILITY REQUIREMENTS

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i. Corridor Transitions Incentive Set Designation

The applicable Corridor Transitions Incentive Set for a subject lot shall be mapped on

the Mixed Income Housing Incentive Map (Sec. 1.5.17.) or mapped through a Specifc i

Plan, a Supplemental District, or a Special Zone.

ii. Calculating Affordability Requirements

The number of required on-site restricted afordable unitf s shall be counted as a flat

number of required restricted afordable unitf s per lot. For consolidated lots, the project

shall provide the same total number of restricted afordable unitf s as required prior to

the lot consolidation. For example, if a project consolidated two lots that allow 10 units

on each lot into one twenty-unit project, the project would be required to provide

either two very low income or low-income units, or four moderate income units.

iii. Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted afordable unitf shall not exceed those specified in California Health and Safety Code Sec. 50052.5 for

for-sale units, or California Health and Safety Code Sec. 50053 for rental units.

Covenants documenting required rental or for-sale rates shall be recorded pursuant

to the procedures described in Sec. 9.2.4.D.2. (Records and Agreements) . Restricted

afordable unitf s associated with One Hundred Percent Afordable Housing Projectf s shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a) (One Hundred Percent Affordable Housing Projects) .

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f. Housing Replacement

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The project shall meet any applicable housing replacement requirements and demolition

protections of California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(c)(3) and Div. 4C.15. (Resident Protections) of this Chapter.

Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall

count toward any restricted afordable unitf requirements.

g. Fair Housing Requirements

Restricted afordable unitf s shall meet the applicable requirements regarding the size,

location, amenities and allocation of restricted afordable unitf s in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared

and adopted by the Los Angeles Housing Department or Department of City Planning.

h. Historic Resources

A project shall comply with both of the following concerning historic resources:

i. A project will not require the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or

review by an applicable Supplemental District, Special Zone, or Specifc Plani . Such a

project is not eligible for incentives under the Corridor Transitions Incentive Program.

ii. A project involving the alteration of a designated historic resource shall be consistent

with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources,

if consistent with the applicable adopted Implementation Memorandum, Guidelines or

Technical Bulletins of the Director of City Planning.

i. Unit Habitability Requirements

For purposes of this Sec. 9.2.4. (Corridor Transitions Incentive Program), the term “dwelling

unit” or “unit” shall mean a complete independent living facility that includes permanent

provisions for living, sleeping, eating, a kitchen, and sanitation. The term “dwelling unit” or

“unit” in this Section (Corridor Transitions Incentive Program) shall not be a reference to a

household dwelling unit, a shared housing unit, or an efficiency dwelling unit.

j. Lot Amenity Alternatives

The project shall meet its lot amenity space requirement by using one of the lot amenity

alternative types in Sec. 2C.3.5. (Lot Amenty Alternatives) .

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2. Base Incentives

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A project meeting the eligibility criteria in Paragraph 1. (Eligibility) shall be granted the following

incentives, subject to the review procedures in Subsection D. (Administration), below, as

applicable.

a. The project may utilize one of the Alternate Typologies established in Div. 7B.7. (Corridor

Transitions) as provided in the table below.

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b. Regardless of Subparagraph a., above, a project on a site with a designated historic

resource or a non-contributor shall not be eligible for Corridor Transitions 3 Alternate

Typology and may use the base incentives outlined in the Corridor Transitions 2 Alternate

Typology.

c. The project shall be exempt from any applicable improvement requirement for roadway

widening, including the relocation of an established curb or curb and gutter, pursuant to

Div. 10.1. (Street Dedication & Improvement) . This incentive shall not require an approval

pursuant to Sec. 10.1.10. (Waiver and Appeals) . A project utilizing this incentive shall comply

with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and

complete all other required public right-of-way improvements, including but not limited

to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted

pursuant to Sec. 10.1.10. (Waiver & Appeals) . A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements) . Regardless

of the above, any otherwise required dedication and improvement shall conform to the

Street Dedication and Improvement Investigation Criteria adopted or amended pursuant

to Council File 22-1476. A project in a Very High Fire Hazard Severity Zone, Hillside Area,

or Coastal Zone, or projects subject to procedures in Sec. 13B.2.3. (Class 3 Conditional Use

Permit) shall not be eligible for this base incentive.

3. Public Benefits

a. The project may access up to the tier 2 bonus foor area ratiol and tier 2 bonus height

allowed by the applied Form District (Part 2B.) or applicable Corridor Transitions Alternate Typology (Div. 7B.7.) by providing public benefits options allowed pursuant to Sec. 9.3.4. (Public Benefits Menu) .

b. Projects are eligible for the following public benefit options:

i. The public benefit option listed in Sec. 9.3.4. (Public Benefits Menu) Set 1; and

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ii. One or more of the public benefit options listed for the Public Benefits Incentive Set

mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.) .

c. The applicable Public Benefits Incentive Set shall establish the foor area ratiol and height

bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu).

D. Administration

1. Procedures

The following review and approval procedures apply to projects participating in the

Corridor Transitions Incentive Program. Ministerial approval in this Paragraph shall mean an administrative process to approve a “use by right” as this term is defined in California

Government Code Sec. 65583.2(i) .

a. Projects Requesting Only Base Incentives

A project requesting only the base incentives outlined in Paragraph 2. (Base Incentives) of

Subsection C. (Program Rules), above, shall be subject to a ministerial approval process by

the Department of Building and Safety.

b. Projects Providing Public Benefits

A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 3. (Public Benefits) of Subsection C.

(Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded

Administrative Review) . Such projects shall not be subject to any hearing procedures

regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review) .

c. Other Discretionary Approvals

Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects

seeking other discretionary approvals in conjunction with any incentives that are requested pursuant to the Corridor Transitions Incentive Program. Regardless of any other findings

that may otherwise be applicable for the other discretionary approvals, the decision maker

must approve the incentives requested pursuant to the Corridor Transitions Incentive

Program, subject to any procedures established in this Section (Corridor Transitions

Incentive Program) .

d. Waivers and Additional Incentives

A project that requests a waiver or additional incentive not offered in Sec. 9.2.4. (Corridor

Transitions Incentive Program) is not eligible for review and approval through this Section

(Corridor Transitions Incentive Program) . Such a project shall seek approval pursuant to

Sec. 9.2.1. (State Density Bonus Program), and the procedures, incentive menu and other

requirements of that Section 9.2.1. (State Density Bonus Program), if eligible.

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2. Records and Agreements

City of Los Angeles Zoning Code Chapter 1A

Prior to the issuance of a building permit for any project participating in the Corridor

Transitions Incentive Program and utilizing one or more incentives pursuant to this Section

(Corridor Transitions Incentive Program), covenants acceptable to the Los Angeles Housing

Department and meeting the requirements in this Section (Corridor Transitions Incentive

Program) and set as forth in Div. 4C.15. (Resident Protections) shall be recorded with the Los

Angeles County Recorder.

3. Vesting

An application for an entitlement that was filed and fees paid prior to the date on which this

Section (Corridor Transitions Incentive Program) becomes operative, shall be subject to all

applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects shall only be

eligible for the incentives, procedures and other provisions of this Section (Corridor Transitions Incentive Program) if a new application is filed and associated fees for the new filing are paid

on or after the operative date of this Section (Corridor Transitions Incentive Program) .

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A. Intent

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The Transit Oriented Incentive Program aims to: establish specific incentives and procedures for

the local implementation of State Density Bonus requirements, pursuant to California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n) ; encourage the creation and development of restricted afordable unitf s through mixed-income housing citywide; and offer

tailored incentives in areas throughout the City with high quality transit service.

B. Applicability

This Section (Transit Oriented Incentive Program), the “Transit Oriented Incentive Program,”

applies to a project that: provides restricted afordable unitf s in exchange for incentives granted in

this Section (Transit Oriented Incentive Program) ; meets the eligibility criteria established in Sec.

9.2.5.C.1. (Eligibility), below; and involves a project activity listed in Paragraph 1. (Project Activities),

below.

1. Project Activities

The following project activities are subject to the Transit Oriented Incentive Program:

a. New construction for which all new floor area meets the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

b. A use modifcationi, including the conversion of existing floor area from a non-residential

use to a residential use or an increase in dwelling units within existing foor areal, for which

all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria

provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.

c. A lot modifcationi that results in dwelling units that meet the eligibility criteria provided in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

2. Reconciling Provisions

a. Relationship to Other Incentive Programs

A project is ineligible for the bonuses, incentives and procedures of the Transit Oriented

Incentive Program if it is participating in any other housing incentive program in the Los

Angeles Municipal Code, or in a Specifc Plani, Supplemental District, or Special Zone, or in

any other City regulation or guideline, except:

i. A project may also utilize the streamlining incentives in the Housing Element Sites

Streamlining Program (Sec. 9.2.6.), provided that the project meets the eligibility

requirements and program rules for both programs.

ii. A project that meets the definition of a Type I Adaptive Reuse Project and the

eligibility requirements for both the Transit Oriented Incentive Program and the

Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse

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Program), may participate in both incentive programs and receive incentives pursuant

to both programs. The portion of the unifed adaptive reuse projecti consisting of

new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options outlined in Paragraphs 2., 3., 4., and 5. of Subsection

C. (Program Rules), below, unless otherwise stated, and the project shall comply

with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the corresponding project type definition and associated project request.

iii. This Section (Transit Oriented Incentive Program) expressly authorizes a project to use

another housing incentive program as specified.

b. Relationship to Specific Plans Special Districts, and Special Zones

As the Transit Oriented Incentive Program implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between

any provision in this Section (Transit Oriented Incentive Program) and any provision in a

Specifc Plani, Supplemental District, or Special Zone, the provisions of this Section (Transit

Oriented Incentive Program) shall prevail where a project applicant seeks approval through

this Section (Transit Oriented Incentive Program) .

c. Relationship to Other Zoning Provisions

i. General

As this Section (Transit Oriented Incentive Program) implements State Density Bonus

law pursuant to California Government Code, Chapter 4.3 (Density Bonuses and Other Incentives), Sec. 65915-65918, in the event of any difference between the provisions

of this Section (Transit Oriented Incentive Program) and any other provision of this

Zoning Code (Chapter 1A), the provisions of this Section (Transit Oriented Incentive

Program) shall prevail.

ii. Relationship to Inclusionary Housing

Restricted afordable unitf s provided in order to meet the eligibility criteria for

participation in the Transit Oriented Incentive Program may also be used in order to

count toward the restricted afordable unitf s required by the Inclusionary Housing

Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.

d. Relationship to State Density Bonus Law

The Transit Oriented Incentive Program is intended to be consistent with State Density

Bonus Law in California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915-65918 . If at any time, the Transit Oriented Incentive Program

becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses

and Other Incentives), Sec. 65915-65918, as determined by the Director, the provisions of

State Density Bonus Law shall supersede the provisions in this Section (Transit Oriented

Incentive Program) . The Director may prepare Implementation Memorandums, Technical

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Bulletins, and/or User Guides for the purposes of providing additional guidance on the

implementation of this Section (Transit Oriented Incentive Program) and maintaining

consistency with the State Density Bonus Law.

C. Program Rules

1. Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or

other incentives provided in the Transit Oriented Incentive Program in Paragraphs 2. (Base Incentives) through Paragraph 5. (Public Benefits), below, a project shall comply with all

requirements provided in this Paragraph (Eligibility), as applicable, and provide any required

restricted afordable unitf s in order to obtain any particular incentive.

a. Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for

purposes of this requirement includes dwelling units permitted as a result of a density

bonus granted pursuant to Paragraph 2. (Base Incentives), below.

b. Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N or

1L.

c. Residential Uses

A minimum of 2/3 of the total foor areal of a project, including newly constructed foor l

area and renovated or converted foor areal, must be dedicated to residential use and

residential amenity space for the units.

d. Transit Oriented Incentive Map

The project must be located on a lot for which a Transit Oriented Incentive Set has been

mapped on the Transit Oriented Incentive Map (Sec. 1.5.16.), or through a Specifc Plani,

Supplemental District, or Special Zone.

e. Affordability Levels

The project shall reserve the minimum percentage of its dwelling units for on-site

restricted afordable unitf s provided for the Transit Oriented Incentive Program Set

designated for the project lot, based on the housing market tier or opportunity area of the lot, subject to the affordability standards in Sub-subparagraphs i . through iv., below.

i. Single or Mixed Affordability Option

A project may opt to meet its affordability requirement by providing restricted

afordable unitf s at rates determined by the methodology outlined in Sub-sub- subparagraph a) (Single Affordability Requirement), below, or the methodology

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described in Sub-subparagraph ii. (Mixed Affordability Options), below, or the methodology described in Sub-sub-subparagraph c) (Low Income Site Affordability

Requirements), below, as applicable.

a) Single Affordability Requirement

A project opting to use the Single Affordability Requirements table shall provide

restricted afordable unitf s for one of the income levels listed in the table below

in the “Income Levels” column at the corresponding percentage of total dwelling

units (all units including bonus units) for the applicable Transit Oriented Incentive

Set and Market Tier for the project lot.

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b) Mixed Affordability Requirements

A project using the Mixed Affordability Options shall provide restricted afordable f

units at the percentages and in the combinations listed in the “Income Levels”

columns in the following table, by applying the percentages to all project units

(including bonus units). A project shall provide the percentages of restricted

afordable unitf s associated with the opportunity area for the project lot, as specified by the California Tax Credit Allocation Committee (TCAC) opportunity area for the project lot. A project opting to use any of the Mixed Affordability Level

Options must also provide at least one restricted afordable unitf containing four or more habitable rooms at the deepest affordability level required.

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c) Low Income Site Affordability Requirements

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A project on a site identified in Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) may meet its affordability requirement by providing 20 percent

of its on-site restricted afordable unitf s for lower income households, consistent

with California Government Code Sec. 65583.2 .

ii. Transit Oriented Incentive Set Designation

The applicable Transit Oriented Incentive Set shall be determined based on the

designation shown on the Transit Oriented Incentive Map established in Sec. 1.5.16.

(Transit Oriented Incentive Map), or is mapped through a Specifc Plani, Supplemental

District, or a Special Zone.

iii. Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted afordable unitf s, the percentage of each affordability level shall be based on the total project dwelling

unit count, including dwelling units permitted as a result of a density bonus granted

pursuant to Paragraph 2. (Base Incentives), below. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling

Unit) .

iv. Housing Market Tier Designation

A project’s housing market tier shall be determined by the residential market areas adopted by City Council resolution, as described in Sec. 15.4.3. (Affordable Housing

Linkage Fee) .

v. Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted afordable unitf shall not exceed those specified in California Health and Safety Code Sec. 50052.5 (Affordable

Housing Costs) for for-sale units or California Health and Safety Code Sec. 50053 for

rental units. Covenants documenting required rental or for sale rates shall be recorded

pursuant to the procedures described in Sec. 9.2.3.D.3. (Records and Agreements) .

Restricted Afordable Unitf s associated with One Hundred Percent Afordable Housing f Projects shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a. (One Hundred Percent Affordable Housing Projects) .

f. Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition

protections established in Div. 4C.15. (Resident Protections) . Replacement dwelling units

required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted

afordable unitf requirements.

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g. Fair Housing Requirements

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Restricted afordable unitf s shall meet the applicable requirements regarding the size,

location, amenities and allocation of restricted afordable unitf s established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical

Bulletin prepared and adopted by the Los Angeles Housing Department or Department of

City Planning.

h. Historic Resources

i. A project requiring the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or

review by an applicable Specifc Plani, CPIO, or Conservation District is not eligible for

incentives under the Transit Oriented Incentive Program.

ii. A project involving the alteration of a designated historic resource shall be consistent

with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources,

if consistent with the applicable adopted Implementation Memorandum, Guidelines or

Technical Bulletins of the Director of City Planning.

i. Unit Habitability Requirements

For purposes of this Section (Transit Oriented Incentive Program), the term “dwelling

unit” or “unit” shall mean a complete independent living facility that includes permanent

provisions for living, sleeping, eating, a kitchen, and sanitation. The term “dwelling unit”

or “unit” in this Section (Transit Oriented Incentive Program) shall not be a reference to a

household dwelling unit, a shared housing unit, or an efficiency dwelling unit.

2. Base Incentives

A project meeting the eligibility criteria in Paragraph 1. (Eligibility), shall be granted the

following base incentives, subject to the procedures in Sec. 9.2.5.D.1.a. (Projects Requesting

Base Incentives & Incentives on the Menu of Additional Incentives), below.

a. The project shall be eligible for the density bonus, foor areal, height, and parking incentives

that correspond to the project lot’s mapped Transit Oriented Incentive Set as provided in

the table below:

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City of Los Angeles Zoning Code Chapter 1A

b. Regardless of Sub-paragraph a., above, a project with a maximum allowable residential

density of less than five units shall only be eligible for the following density bonus based on

the applicable type of Transit Oriented Incentive Set for the project lot:

i. T-1: 60%

ii. T-2: 70%

iii. T-3: 80%

c. Regardless of Subparagraph a., above, a project site with a maximum allowable residential

density of less than five dwelling units, or a project site involving a designated historic

resource or a non-contributor, shall not be eligible for an incentive to increase allowable

FAR or height above one additional story.

d. The project shall be exempt from any applicable improvement requirement for roadway

widening, including the relocation of an established curb or curb and gutter, pursuant to

Div. 10.1. (Street Dedication & Improvement) . This incentive shall not require an approval

pursuant to Sec. 10.1.10. (Waiver and Appeals) . A project utilizing this incentive shall comply

with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and

complete all other required public right-of-way improvements, including but not limited

to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted

pursuant to Sec. 10.1.10. (Waiver & Appeals) . A project shall further be eligible for relief

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from some required dedication, where specified by Sec. 10.2.1. (Requirements) . Regardless

of the above, any otherwise required dedication and improvement shall conform to the

Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to

Council File 22-1476 . A project in a Very High Fire Hazard Severity Zone, a Hillside Area, or

a Coastal Zone, or a project subject to the procedures in Sec. 13B.2.3. (Class 3 Conditional

Use Permit) shall not be eligible for this base incentive.

3. Additional Incentives

In addition to the applicable base incentives established in Paragraph 2. (Base Incentives),

above, a project shall be granted up to four additional incentives in this Paragraph (Additional

Incentives) . Such a project may receive up to four incentives provided a project includes the

applicable percentage of restricted afordable unitf s (excluding units added by a density bonus)

that is necessary to obtain the maximum number of incentives available to an income category

under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i.

(Allowed Number of Additional Incentives) . Projects may use additional incentives to deviate

from a development standard or requirement in this Zoning Code (Chapter 1A) or in an

applicable Specifc Plani, Supplemental District, or Special Zone. The four allowable additional

incentives may be any combination of incentives listed in Subparagraph a. (Menu of Additional

Incentives), below, and/or incentives requested under Subparagraph b. (Incentives Not Listed

on the Menu of Additional Incentives), below.

a. Menu of Additional Incentives

A project shall be granted requested incentives from the Menu of Additional Incentives

listed in Sub-subparagraph i. (By-Right Adjustments) through Sub-subparagraph v. (Lot

Width), below, pursuant to the procedures in Sec. 9.2.5.D.1.a. (Projects Requesting Base

Incentives & Incentives on the Menu of Additional Incentives), below.

i. By-Right Adjustments

Relief from any zoning standard that would otherwise require approval pursuant to

Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be

subject to the requirements of Sec. 13B.5.2. (Adjustment) . Each adjustment-equivalent

grant shall count as one incentive request. By-right adjustments shall not be granted in

the following cases:

a) A by-right adjustment shall not apply to standards that regulate FAR, height,

any modifications of signs standards, or for requests to allow parking in front of

buildings, and lot amenity space.

b) A by-right adjustment shall not apply to a designated historic resource or a non

contributor.

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ii. Averaging of Floor Area, Lot Amenity Space, Parking, and Density

A project that is located on two or more abutting lots may average the maximum foor l

area, minimum lot amenity space, minimum parking, and maximum density over the

project site, provided that:

a) The proposed uses are permitted by the applied Use District (Part 5B.) of each area

the proposed uses will be located; and

b) A covenant running with the land is recorded with the Los Angeles County

Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or

any other action that may cause the project site to be subdivided subsequent to

this grant, is permitted for the life of the project.

iii. Density Calculation

Any area of any land required to be dedicated for street or alley purposes may be

included as lot area for purposes of calculating the maximum density permitted by the

applied Density District (Part 6B.) .

iv. Building Coverage

Up to a 25 percent increase in building coverage limits is allowed.

v. Lot Width

Up to 25 percent decrease in the required lot width is allowed.

b. Incentives Not Listed on the Menu of Additional Incentives

i. A project may request incentives not listed in, or in excess of an incentive allowed

in, Subparagraph a. (Menu of Additional Incentives), above, subject to the approval

process in Sec. 9.2.5.D.1.b. (Projects Requesting Incentives Not on the Menu of Additional Incentives), below, with the exception of any modification listed in Sub-

subparagraph ii., below.

ii. Modifications to the following standards or their equivalents in an applicable Specifc i

Plan, Supplemental District, or Special Zone, altering the criteria or level of relief

allowed as outlined in Sub-subparagraph i. (By-Right Adjustments) of Subparagraph a.

(Menu of Additional Incentives), above, shall not be granted as an additional incentive

through this Section (Transit Oriented Incentive Program) and are not eligible for

approval through this Section (Transit Oriented Incentive Program) . Projects that

seek these types of incentives not on the menu shall seek approval pursuant to the

procedures, incentives and other requirements in Sec. 9.2.1. (State Density Bonus

Program) .

a) Lot Amenity Space (Sec. 2C.3.1.) ;

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b) Any foor area ratiol and height restriction established in Div. 2C.4. (Floor Area Ratio

& Height) ;

c) Any upper story bulk limitations established in Div. 2C.6. (Upper Story Bulk) ;

d) Building Width (Sec. 2C.5.1.) ;

e) Building Setbacks (Sec. 2C.2.2.) ;

f) Ground story design requirements specified by the applied Frontage District (Part

3B.) ; or

g) Required Trees (Sec. 4C.6.2.) .

4. Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the

additional incentives granted pursuant to Paragraph 3. (Additional Incentives), above, subject to

the procedures in Sec. 9.2.5.D.1.c. (Projects Requesting Waivers), below.

5. Public Benefits

A project may access additional foor area ratiol, or height, or other modifications of standards by providing one or more public benefits, as described below. Projects providing public benefits shall be reviewed and approved pursuant to Sec. 9.2.5.D.1.d. (Projects Providing Public Benefits), below.

a. The project may use the following public benefits options:

i. Sec. 9.3.4.C.3.b. (Public Benefits Incentive Set 2) .

ii. Public Benefits Menu

A project providing public benefits shall also be eligible to provide one or more of the public benefit options listed for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.) . The mapped Public Benefits Incentive

Set shall establish the foor area ratiol and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu) . Multiple public benefit options can be provided by one project in order to combine and stack public benefit bonuses.

D. Administration

1. Procedures

The following review and approval procedures apply to a project participating in the Transit

Oriented Housing Incentive Program. Ministerial approval in this Paragraph (Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California

Government Code Sec. 65583.2(i) .

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a. Projects Requesting Base Incentives & Incentives on the Menu of Additional

Incentives

A project requesting only the base incentives outlined in Sec. 9.2.5.C.2. (Base Incentives),

above, or additional on-menu incentives as outlined in Sec. 9.2.5.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.5.C.4. (Waivers) or off-

menu incentives under Sec. 9.2.5.C.b. (Incentives Not listed on the Menu of Additional

Incentives) shall be subject to a ministerial approval process by the Department of Building

and Safety. Additional incentives approved by the Department of Building and Safety

shall comply with the additional standards in Sec. 9.2.5.D.2.a. (Standards for Review for

Additional Incentives), below.

b. Projects Requesting Incentives Not on the Menu of Additional Incentives

A project requesting incentives pursuant to Sec. 9.2.5.C.3.b. (Incentives Not on the Menu

of Additional Incentives), above, shall be subject to a ministerial approval process pursuant

to Sec. 13B.3.2. (Expanded Administrative Review), and shall be granted subject to the

standards outlined in Subparagraph a. (Standards for Review of Additional Incentives) of

Paragraph 2. (Standards for Review and Required Findings), below. Such requests shall

not be subject to any hearing procedures regardless of the provisions contained in Sec.

13B.3.2. (Expanded Administrative Review) .

c. Projects Requesting Waivers

A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e)

along with the number of additional incentives permitted pursuant to Sec. 9.2.3.C.3.

(Additional Incentives), above, shall be reviewed as follows:

i. A project requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection

C. (Program Rules), above, shall be reviewed pursuant Sec. 13B.2.5. (Director

Determination) .

ii. A project requesting more than one waiver pursuant to Paragraph 4. (Waivers) of

Subsection C. (Program Rules), above, shall be reviewed pursuant Sec. 13B.2.3. (Class 3

Conditional Use) .

iii. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers

shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of the findings in Div. 13B.2.

(Quasi-Judicial Review) ; and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a

Director Determination are appealable to the City Planning Commission.

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d. Projects Providing Public Benefits

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Projects requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 5. (Public Benefits) of Subsection C.

(Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded

Administrative Review), and shall not be subject to any hearing procedures regardless of

the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review) .

e. Other Discretionary Approvals

Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects

seeking other discretionary approvals in conjunction with any incentives requested

pursuant to the Transit Oriented Incentive Program, including those listed in Paragraph 2.

(Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker

shall approve the incentives requested pursuant to the Transit Oriented Incentive Program,

subject to any procedures established in Paragraph 1. (Procedures), above, and standards

established in Paragraph 2. (Standards for Review and Required Findings), below.

f. Density Bonuses, Incentives or Waivers Exceeding this Program

Projects that seek additional density bonuses, incentives or waivers beyond what is

expressly allowed by this Section (Transit Oriented Housing Incentive Program), shall be

reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of

the Base Incentive) .

2. Standards for Review and Required Findings

a. Standards for Review for Additional Incentives

For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other

Incentives), Sec. 65915(k) . Additional incentives allowed pursuant to Sec. 9.2.5.C.3. (Additional Incentives) shall be granted unless one of the following written findings are

made, based upon substantial evidence:

i. The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code,

Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c) ; or

ii. The incentive will have a specifc adverse impacti upon public health and safety or on

any real property that is listed in the California Register of Historical Resources and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i adverse impact without rendering the development unaffordable to low income

Sec. 9.2.5. (Transit Oriented Incentive Program) | 9-80 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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households and moderate income households. Inconsistency with the zoning

ordinance or general plan land use designation shall not constitute a specifc adverse i

impact upon the public health or safety; or

iii. The incentive would be contrary to state or federal law.

b. Required Findings for Waivers

For the purposes of required findings for waivers, ‘development standard’ shall be defined

as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives),

Sec. 65915(o)(2) . Waivers allowed pursuant to Sec. 9.2.5.C.4. (Waivers) shall be approved by

the applicable decision-making authority unless the decision-making authority makes one of the following findings, based on substantial evidence:

i. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the

eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules),

above, at the densities or with the base incentives and additional incentives permitted

under Subsection C. (Program Rules), above.

ii. The waiver would have a specifc adverse impacti upon public health and safety and

for which there is no feasible method to satisfactorily mitigate or avoid the specifc i

adverse impact.

iii. The waiver would have an adverse impact on any real property that is listed in the

California Register of Historical Resources .

iv. The waiver is contrary to state or federal law.

3. Records and Agreements

Prior to the issuance of a building permit for any project participating in the Transit Oriented

Incentive Program and utilizing one or more incentives pursuant to this Section (Transit

Oriented Incentive Program), covenants acceptable to the Los Angeles Housing Department

and meeting the requirements in this Section (Transit Oriented Incentive Program) and Div.

4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder.

4. Vesting

An application for an entitlement that was filed and fees paid prior to the date on which

this Section (Transit Oriented Incentive Program) becomes operative, shall be subject to all

applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects shall only be

eligible for the incentives, procedures and other provisions of this Section (Transit Oriented Incentive Program) if a new application is filed and associated fees for the new filing are paid

on or after the operative date of this Section (Transit Oriented Incentive Program) .

Sec. 9.2.5. (Transit Oriented Incentive Program) | 9-81 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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The Housing Element Sites Streamlining Program is a map-based program for streamlining the review

and approval of projects with at least 20 percent of the dwelling units set aside for lower income

households.

A. Intent

The Housing Element Sites Streamlining Program is intended to facilitate and incentivize the construction of affordable housing by establishing procedures, objective review criteria, and

allowances for ministerial review as required by California Government Code Sec. 65583.2(h) .

B. Applicability

1. Project Activities

A project that meets the eligibility criteria established in Paragraph 1. (Eligibility) of Subsection

C. (Program Rules), below, and consists of any of the project activities listed in Subparagraphs

a. and b . below may be eligible for participation in the Housing Element Sites Streamlining

Program:

a. New Construction for which all new foor areal meets the eligibility criteria outlined in

Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below; or

b. A use modifcationi or renovation, including retrofitting for accessibility purposes, for which

all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria

outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below

2. Housing Development Project

To participate in the Housing Element Sites Streamlining Program, a project listed above must also meet the definition of “Housing Development Project” as defined in California

Government Code Sec. 65589.5(h)(2), except that a housing development project shall

also include a project that involves no discretionary approvals and a project that includes a

proposal to construct a single dwelling unit.

3. Reconciling Provisions

a. Relationship to Other Incentive Programs

A project that seeks streamlining through this program pursuant to this Section (Housing

Element Site Ordinance Streamlining Program) shall be eligible for a density bonus,

incentive, concession, waiver, or reduction of development standards pursuant to

California Government Code Sec. 65915, or a local incentive program in this Article (Public Benefits System) or any Specifc Plani, Supplemental District or Special Zone, provided that

the project meets the requirements for both the streamlining program and the applicable

incentive program.

Sec. 9.2.6. (Housing Element Sites Streamlining Program) | 9-82 Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

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b. Relationship to Supplemental Districts and Special Zones

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If any provision of an applicable Supplemental District or Special Zone conflicts with

the procedures, requirements, and provisions of this Section (Housing Element Sites

Streamlining Program), the provisions of this Section (Housing Element Sites Streamlining

Program) shall prevail.

c. Relationship to Other Zoning Provisions

Restricted afordable unitf s provided to meet the eligibility criteria for participation in the

Housing Element Sites Streamlining Program may also be used to count toward any other

applicable restricted afordable unitf s required for any other purpose.

d. Implementation Memoranda, FAQs, Forms/Applications and User Guides

The Director may prepare Implementation Memoranda, Technical Bulletins and/or User

Guides related to the Department of City Planning’s implementation of state Housing

Element law (California Government Code, Article 10.6. (Housing Elements), Sec.65580

et seq.) through the provisions of Chapter 1A of this Code, including, but not limited to,

providing additional information for the purpose of maintaining consistency with state law.

C. Program Rules

1. Eligibility

An affordable housing project meeting all of the following eligibility criteria shall qualify for

participation in the Housing Element Sites Streamlining Program, including the streamlined

review outlined in Paragraph 2. (Streamlined Review) below.

a. Affordability Levels

At least 20 percent of the dwelling units in an eligible project must be made affordable and

available to lower income households.

b. Zoning

The project is located on a lot with an applied Density District (Part 6B.) that specifies a

minimum density requirement of “Applicable”, “Market-Contingent”, or “As Mapped”.

c. Mapped Lots

The project is located on a lot mapped on the Prior Housing Element Sites Map (Sec.

1.5.14.) or Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.) .

d. Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition

protections established in Div. 4C.15. (Resident Protections) . Replacement housing units

required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted

afordable unitf requirements.

Sec. 9.2.6. (Housing Element Sites Streamlining Program) | 9-83 Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

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e. Fair Housing Requirements

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Restricted afordable unitf s shall meet the applicable requirements regarding size, location,

amenities, and allocation of restricted afordable unitf s established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical

Bulletin prepared and adopted by the Los Angeles Housing Department or Department of

City Planning.

2. Streamlined Review

a. Administrative Review Process

i. A project that meets the eligibility criteria outlined in Paragraph 1. (Eligibility) above,

shall be approved via Administrative Review, pursuant to Sec. 13B.3.1. (Administrative

Review) and consistent with Gov. Code Sec. 65583.2(i) .

ii. An eligible project that would have otherwise required a discretionary entitlement from

the Department of City Planning to permit an owner-occupied or rental multifamily

residential dwelling use shall be subject to and processed through an Expanded

Administrative Review, pursuant to Sec. 13B.3.2. (Expanded Administrative Review) .

Any non-residential use in an eligible mixed-use project shall comply with any

discretionary review required for that non-residential use under the Code, or any plan

or overlay adopted under the Code. In no case shall Project Review pursuant to Sec.

13B.2.4. (Project Review) be required for an eligible project.

iii. Supplemental Procedures

Despite the provisions of Sec. 13B.3.1.H. (Modification of Action), a project participating

in the Housing Element streamlining program and approved via Administrative Review, pursuant to Sec. 13B.3.1. (Administrative Review) may request a modification of action

only as allowed under California Government Code Sec. 65913.4(h) .

b. Exceptions

i. If a project is requesting a subdivision, the subdivision process shall not be streamlined

pursuant to Sec. 9.2.6. (Housing Element Sites Streamlining Program) and shall be

subject to all applicable review procedures and laws, including those outlined in

Article 11. (Division of Land) and Div. 13B.7. (Division of Land) . The part of the project

requesting an entitlement outside of Div. 13B.7. (Division of Land) may be streamlined

pursuant to this Section (Housing Element Sites Streamlining Program) .

ii. A non-residential use that is not permitted by-right by the applied Use District (Part

5B.), including those requiring a Class 1 Conditional Use Permit, Class 2 Conditional

Use Permit, or Class 3 Conditional Use Permit, or that requires discretionary review

pursuant to an applicable special use program outlined in Div. 5C.3. (Special Use

Programs) shall not be streamlined and shall be subject to the otherwise applicable

review procedures.

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City of Los Angeles Zoning Code Chapter 1A

iii. Any application for a density increase in excess of the base incentive that requires

review under Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess

of the Base Incentive) shall not be eligible for the streamlined review in Subparagraph

a. (Administrative Review Process) above and shall be processed pursuant to the

provisions of Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of

the Base Incentive) .

D. Administration

1. Procedures

A project participating in the Housing Element Sites Streamlining Program shall be reviewed

and approved via the streamlined process established in Paragraph 2. (Streamlined Review) of

Subsection C. (Program Rules), above.

2. Records & Agreement

Prior to the issuance of a building permit for any project participating in the Housing Element

Sites Streamlining Program, covenants acceptable to the Los Angeles Housing Department

and meeting the requirements in this Section (Housing Element Sites Streamlining Program) and Sec. 4C.15.3. (Restricted Affordable Units) shall be recorded with the Los Angeles County

Recorder.

Sec. 9.2.6. (Housing Element Sites Streamlining Program) | 9-85 Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

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City of Los Angeles Zoning Code Chapter 1A

INCENTIVE PROGRAM

Pursuant to Chapter I. (General Provisions and Zoning), Sec. 12.22.A.31 (d) (Process for Changing

TOC Incentives and Eligibility) of this Code, projects may follow the requirements of Sec. 9.3.2. (Local Affordable Housing Incentive Program) of this Zoning Code (Chapter 1A). For all other projects, see Chapter I. (General Provisions and Zoning), Sec. 12.22.A.31 (Transit Oriented Communities Affordable

Housing Overlay) of this Code.

Sec. 9.2.7. (Transit Oriented Communities Affordable Housing Incentive Program) | 9-86 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | ARTICLE 9 Div. 9.3. (Community Benefits Program)