§ 9.2

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 area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) .

• b. A use modifcation, including the conversion of existing foor area from a commercial use to a residential use or an increase in dwelling units within existing foor area, 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 Plan, 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• ii. For a project providing 80-100 percent of the project dwelling units (including bonus units) as restricted afordable units, 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 Plan, 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 units 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 units 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 units in order to obtain any particular incentive.

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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

a. Unit Threshold

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 units shall be included and density bonus units shall be excluded.

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 units (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.

• 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 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• iv. Projects may exceed the minimum percentage of restricted afordable units 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) .

the required number of restricted afordable units 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.

the rate of housing costs or rent for any required restricted afordable units 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 unit 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 units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted afordable units 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

i. Unit Habitability Requirements

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 efciency dwelling unit.

2. Base Incentives

Projects meeting the eligibility criteria established in Paragraph 1. (Eligibility) , above, shall receive the base incentives as provided below.

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 units 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.

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 development, 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 units as for-sale or rental housing, or moderate income restricted afordable units 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 Subsubparagraph iii. (Additional Density Bonus) , below.

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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

Projects that provide restricted afordable units 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 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 units. 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.

Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 units based on Sub-subparagraph ii. (Density Bonus up to 50%) , above, so long as the restricted afordable units are set aside for the applicable target population.

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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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) .

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 Subsubparagraphs 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.

• 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 units), 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

3. Additional Incentives

Any project that meets the criteria established in Paragraph 1. (Eligibility) , above, shall be granted additional incentives as provided below.

• 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.

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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

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.

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.

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.

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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

A project that is located on two or more abutting lots may average the maximum foor 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 units sufficient to qualify for a 35 percent density bonus.

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) .

An eligible project may request relief from any standard or requirement established elsewhere in the los Angeles Municipal code, a Supplemental District, Specifc 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• 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 units 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.

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-subsubparagraph 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 area for residential use equivalent to the total foor area 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.

A project with multi-bedroom dwelling units shall be granted an incentive under Subsub-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 area and/or height as provided in the table below, above the additional incentives provided in Paragraph 3. (Additional Incentives) , above.

• b) A project shall be granted the following foor area and height incentives, as described below:

An exemption of the foor area of all dwelling units with three or more bedrooms (four or more habitable rooms) from the foor area calculations of the project, so that the specified residential units do not count against the maximum foor area 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 area of this additional story is limited to the square footage exempted from the foor area calculation above.

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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

provided that the foor area of this additional story is limited to the square footage exempted from the foor area calculation above.

• iii. Surveyed Historic Resource Facade Rehabilitation

Projects incorporating a surveyed historic resource into the project design shall be granted additional foor area 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 area shall be set back behind the 10-foot retention area in Sub-subsubparagraph 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 units 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 units in the following manner:

  • i. For every additional one percent set aside of very low income restricted afordable 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 units, 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 units in for-sale projects, the project shall be granted an additional one percent density increase.

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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• b. in calculating the density increase and restricted afordable units, 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 Plan, 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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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 units, 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 forsale 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 unit requirement above.

• iv. the project's restricted afordable units 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 certifcate 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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Sec. 9.2.1. (State Density Bonus Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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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.

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 impact 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 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 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 impact, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specifc adverse impact. inconsistency with the zoning ordinance or General Plan land Use Designation shall not constitute a specifc adverse impact 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

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 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 project, a faith-based organization project, a shared equity project, or a public land project; provides the required set-asides of restricted afordable units 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 area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) , below.

• b. A use modifcation, including the conversion of existing foor area from a non-residential use to a residential use or an increase in dwelling units within existing foor area, 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 modifcation 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 Plan, Supplemental District, or Special Zone, or in any other city regulation or guideline, except:

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 Plan, 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 units 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 units 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) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 units 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.

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 project on a project site with a maximum allowable residential density of five or more dwelling units.

A minimum of 2/3 of the total foor area of a project, including newly constructed foor area and renovated or converted foor area, 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 units on-site according to the project type as shown in the table below, subject to the affordability standards below.

• a) One Hundred Percent Affordable Housing Projects

consistent with California Government Code Sec. 65915(b)(1)(G) , in a one hundred percent afordable housing project 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 units 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.

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 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 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 units 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 units at a lower income and affordability level. in addition, 20 percent of all project dwelling units (inclusive of density bonus units) may be unrestricted.

A faith-based organization project shall provide a percentage of dwelling units (excluding dwelling units added by a density bonus) as restricted afordable 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 units 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 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 units at a lower income and affordability level. in addition, 20 percent of all project dwelling units (inclusive of a density bonus) may be unrestricted.

A shared equity project shall provide a percentage of dwelling units (excluding dwelling units added by a density bonus) as restricted afordable 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

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 units 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 units at a lower income and affordability level. in addition, 20 percent of all project dwelling units (inclusive of density bonus units) may be unrestricted.

in calculating the minimum percentage of on-site restricted afordable units, 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) .

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 units. 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 unit requirements.

restricted afordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted afordable units 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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• 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 project 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 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 sanitation, or a shared housing unit in a shared housing building; but the term shall not include a household dwelling unit or an efciency 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

iency 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 efciency dwelling unit.

2. Base Incentives

• a. State Base Incentives

A one hundred percent afordable housing project 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 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 project;

  • b) A faith-based organization project;

  • c) A shared equity project; or

  • d) A public land project.

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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.) .

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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 area 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 project 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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• 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.

• a) Any additional foor area provided in a local base incentive and exceeding the base foor area ratio 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 Plan, Supplemental District, or Special Zone, or the applied Form District (Part 2B.) allows a tier 1 bonus foor area ratio or tier 1 bonus height higher than what is granted in this program, qualifying projects may instead opt to

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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use the tier 1 bonus foor area ratio or tier 1 bonus height granted by the applicable Specifc Plan, Supplemental District, Special Zone, or the applied Form District (Part 2B.) , in lieu of the foor area ratio 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 units (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 Plan, 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 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

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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.

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. (MultiUnit 2 (MU2)) .

• b) A project located on a lot with any applied Use District, not listed in Sub-subsubparagraph (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)) .

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

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 height transition requirement established in Sec. 2C.6.2. (Height Transition) or required by an applicable Specifc Plan, Special Zone, or Supplemental District.

vi. Ground Floor Activation

Where foor area dedicated to non-residential uses is required by an applied zoning district or applicable Specifc Plan, 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

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.

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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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.

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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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 Plan, 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 ratio 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 area for residential use equivalent to the total foor area 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 project 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:

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 ratio 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) .

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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.

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 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.

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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(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.

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.

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

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:

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 impact 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 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 impact upon the public health or safety; or

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

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 impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specifc adverse impact. inconsistency with the zoning ordinance or General Plan land Use Designation shall not constitute a specifc adverse impact 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

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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) .

Sec. 9.2.2. (Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 units in mixedincome 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 units 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 area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) , below.

• b. A use modifcation, including the conversion of existing foor area from a commercial use to a residential use or an increase in dwelling units within existing foor area, for which all resulting new foor area and all renovated foor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) , below.

• c. A lot modifcation, 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 Plan, Supplemental District, or Special Zone, or in any other city regulation or guideline, except:

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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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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 Plan, 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 units 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 units required by the inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program) where applicable.

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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• 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 units 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 area of a project, including newly constructed foor area and renovated or converted foor area, must be dedicated to residential use and residential amenity space for the units.

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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

d. Mixed Income Housing Incentive Map

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 Plan, a Supplemental District, or a Special Zone.

e. Affordability Levels

the project shall reserve a minimum percentage of its dwelling units for restricted afordable units 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 units at rates determined by the methodology provided in: Sub-subsubparagraph 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 units 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.

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 unit requirement. Under this option a project may provide restricted afordable units

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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 unit containing four or more habitable rooms at the acutely low-income affordability level.

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 units 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 Plan, a Supplemental District, or a Special Zone.

iii. Calculating Affordability Requirements

in calculating the minimum percentage of restricted afordable units, 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 unit 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

pursuant to the procedures described in Sec. 9.2.3.D.3. (Records and Agreements) . restricted afordable units associated with one hundred percent afordable housing 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 unit 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 units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted afordable units 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 Plan, 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 efciency dwelling unit.

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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

2. Base Incentives

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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 units (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 Plan, 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 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 Subsubparagraph ii. , below.

  • ii. Modifications to the following standards, or their equivalents in an applicable Specifc 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• b) Any foor area ratio 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 ratio 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 Plan, 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 ratio 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 ratio 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

D. Administration

1. Procedures

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 offmenu 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• ii. the incentive will have a specifc adverse impact 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 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 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 impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specifc 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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

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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Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

A. Intent

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 units 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 ratio 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 units 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 area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) , below.

• b. A use modifcation, including the conversion of existing foor area from a commercial use to a residential use or an increase in dwelling units within existing foor area, 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 modifcation 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 Plan, Supplemental District, or Special Zone, or in any other city regulation or guideline, except:

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Sec. 9.2.4. (Corridor Transitions Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• 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 Plan, 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 units 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 units 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 units 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 Plan, 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 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 area of the project, including newly constructed foor area and renovated or converted foor area, must be dedicated to residential use and residential amenity space for the units.

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City of Los Angeles Zoning Code Chapter 1A

e. Affordability Levels

the project shall reserve the number of on-site restricted afordable units 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 units 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 units shall be subject to the affordability standards in Subsubparagraphs i. through iii. , below.

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 Plan, a Supplemental District, or a Special Zone.

ii. Calculating Affordability Requirements

the number of required on-site restricted afordable units shall be counted as a flat number of required restricted afordable units per lot. For consolidated lots, the project shall provide the same total number of restricted afordable units 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 unit 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 units associated with One Hundred Percent Afordable Housing Projects 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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City of Los Angeles Zoning Code Chapter 1A

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 unit requirements.

g. Fair Housing Requirements

restricted afordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted afordable units 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 Plan. 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 efciency 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

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.

• 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 ratio 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 ratio 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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City of Los Angeles Zoning Code Chapter 1A

2. Records and Agreements

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

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 units 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 units 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 modifcation, 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 area, 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 modifcation 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 Plan, 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 unified adaptive reuse project 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 Plan, 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 units 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 units 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 units 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 area of a project, including newly constructed foor area and renovated or converted foor area, 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 Plan, Supplemental District, or Special Zone.

e. Affordability Levels

the project shall reserve the minimum percentage of its dwelling units for on-site restricted afordable units 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 units at rates determined by the methodology outlined in Sub-subsubparagraph 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 units 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.

b) Mixed Affordability Requirements

A project using the Mixed Affordability Options shall provide restricted afordable 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 units 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 unit containing four or more habitable rooms at the deepest affordability level required.

Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 units 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 Plan, Supplemental District, or a Special Zone.

iii. Calculating Affordability Requirements

in calculating the minimum percentage of on-site restricted afordable units, 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 unit 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 Units associated with One Hundred Percent Afordable Housing 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 unit requirements.

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g. Fair Housing Requirements

restricted afordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted afordable units 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 Plan, cPiO, or conservation District is not eligible for incentives under the transit Oriented incentive Program.

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 Plan, 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 efciency 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 area, 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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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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Footnote:

• “B” incentive sets are associated with tcAc Moderate and lower Opportunity Areas; whereas “A” incentive sets are associated with tcAc Higher Opportunity Areas.

• 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 units (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 Plan, 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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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 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 Subsubparagraph ii. , below.

  • ii. Modifications to the following standards or their equivalents in an applicable Specifc 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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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• b) Any foor area ratio 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 ratio, 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 ratio 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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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 offmenu 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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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

d. Projects Providing Public Benefits

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 impact 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 adverse impact without rendering the development unaffordable to low income

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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

households and moderate income households. inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specifc adverse 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 impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specifc 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) .

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Sec. 9.2.5. (Transit Oriented Incentive Program) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 area meets the eligibility criteria outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules) , below; or

• b. A use modifcation 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 Plan, Supplemental District or Special Zone, provided that the project meets the requirements for both the streamlining program and the applicable incentive program.

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Sec. 9.2.6. (Housing Element Sites Streamlining Program) Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

• b. Relationship to Supplemental Districts and Special Zones

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 units 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 units 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 unit requirements.

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Sec. 9.2.6. (Housing Element Sites Streamlining Program) Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

e. Fair Housing Requirements

restricted afordable units shall meet the applicable requirements regarding size, location, amenities, and allocation of restricted afordable units 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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Sec. 9.2.6. (Housing Element Sites Streamlining Program) Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

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.

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Sec. 9.2.6. (Housing Element Sites Streamlining Program) Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

Public Benefit Systems | Article 9 Div. 9.2. (Citywide Housing Incentive Programs)

City of Los Angeles Zoning Code Chapter 1A

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 participating in the transit Oriented communities afordable housing incentive program within areas zoned with this Zoning code shall follow the requirements of Sec. 9.3.2. (Local Affordable Housing Incentive Program) of this Zoning code (chapter 1A).

Sec. 9.2.7. (Transit Oriented Communities Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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Public Benefit Systems | Article 9 Div. 9.3. (Community Benefits Program)

City of Los Angeles Zoning Code Chapter 1A

Div. 9.3. COMMUNITY BENEFITS PROGRAM