Los Angeles County — Density Bonus & Inclusionary Housing

Density Bonus — Chapter 22.120

Eligibility

A project seeking a density bonus through the affordable-housing or land-donation pathways needs at least 5 baseline dwelling units. A senior-citizen housing development needs at least 35 dwelling units, while a senior mobilehome park must have at least 80% of occupied units occupied by at least one senior citizen. § 22.120.040.A

The project must replace rental units that exist or existed on-site when Chapter 22.119 requires replacement. It must also qualify through affordable housing, senior citizen housing, land donation, or the mobilehome-park density-bonus provisions. § 22.120.040.B–C

Affordable-housing set-aside and bonus

An eligible housing development that provides an affordable set-aside receives the density bonus shown in Table 22.120.050-A, subject to an Administrative Housing Permit. The table uses 30% AMI for extremely-low-income, 50% AMI for very-low-income, 80% AMI for lower-income, and 120% AMI for moderate-income set-asides. § 22.120.050.A

The full bonus depends on the selected income category and percentage set aside; it is not a single flat percentage. When more than one income category could apply, bonuses are not cumulative and the applicant selects the category used for calculation. §§ 22.120.050.A, 22.120.100.E.1

Rental affordable set-aside units must remain affordable for at least 55 years from final certificate of occupancy. For-sale affordable units must be initially sold to eligible buyers and be subject to a County equity-sharing agreement. § 22.120.050.B.1

Affordable set-aside units must match the bedroom mix of non-set-aside units proportionally. The County allows the affordable set-aside units and density-bonus units to be in different geographic areas within the same housing development. § 22.120.050.B.2–3

Incentives and child care

The number of incentives ranges from 1 to 3 for the regular set-aside tiers, with up to 4 under the specified high-affordability rental criteria. Direct financial incentives, including identified affordable-housing fee exemptions or reductions, do not count against the incentive total. § 22.120.050.C; Table 22.120.050-B

A qualifying project with a child care facility may receive either an additional density bonus equal to the facility’s square footage or 1 additional incentive. The facility must operate at least as long as the affordability term and serve income-qualified children at the required proportional level. § 22.120.050.D

Requests are processed through an Administrative Housing Permit unless the specified findings require a Discretionary Housing Permit. The related Housing Permit provisions govern the recorded affordability controls; Los Angeles County Design Review is a separate topic and is not established by these chapters. §§ 22.120.050.A, C–D, 22.166.030

Land donation option

Land donation can produce a density bonus of 15% for a donated-land set-aside equal to 10% of the housing-development units, increasing to 35% for a 30%–100% very-low-income set-aside on the donated land. § 22.120.070.A; Table 22.120.070-A

The donated parcel must be within the housing development or within one-quarter mile, and if it is outside the project boundary it must be in an unincorporated area. It must be at least 1 acre or large enough for 40 dwelling units, allow at least 30 dwelling units per net acre, and have adequate facilities and infrastructure. § 22.120.070.A

The donation bonus may combine with an affordable-housing or senior-housing density bonus, but the combined bonus may not exceed 35%. Before project approval, the land transfer, required entitlements other than building permits, recorded covenant, and identified funding source must be complete. § 22.120.070.A–C

Calculations and limits

The General Plan land-use designation’s maximum allowable density controls the baseline-dwelling-unit calculation, even if another Title 22 provision would suggest otherwise. Baseline units exclude density-bonus units and other units awarded under provisions that grant a greater density bonus. § 22.120.100.B

Set-asides and density bonuses are calculated from baseline units, excluding manager units; fractional calculations for set-asides, bonuses, and parking round up to the next whole unit. The Housing Permit application may cover only contiguous parcels. § 22.120.100.A, C–D, F

A project may accept a smaller density bonus or none. No density bonus is available for a project within the 70 dB CNEL or higher airport-influence-area noise contour. § 22.120.100.D

The chapters address bonuses and incentives, but do not establish the underlying parcel’s parking requirement, height, setbacks, or other dimensional limits. Verify those standards under Los Angeles County Parking, Los Angeles County Development Standards, and any applicable Los Angeles County Overlay Districts.

Inclusionary Housing — Chapter 22.121

Rental projects

For projects subject to the Chapter 22.121 inclusionary requirement, rental projects must reserve units for extremely-low-, very-low-, or lower-income households. The available local options are 10% at average affordability of 40% AMI or less, 15% at average affordability of 65% AMI or less, or 20% at 80% AMI or less. § 22.121.050.A.1; Table 22.121.050-A

A “small project” has fewer than 15 baseline dwelling units. Its corresponding rental set-asides are 5%, 7%, and 10%. § 22.121.050.A.1; Table 22.121.050-A

For-sale projects by submarket area

For-sale projects subject to Chapter 22.121 use an average affordability level of 135% AMI or less for moderate- or middle-income households. The required set-aside varies by the ordinance’s named submarket area. § 22.121.050.A.2; Table 22.121.050-B

The ordinance excerpt identifies these as inclusionary-housing submarket areas, not zoning districts. It does not provide a district-by-district zoning breakdown, permitted-use list, dimensional standards, or a map showing which individual parcels fall in each submarket area. Not found in source materials. Verify with the jurisdiction.

Calculation

The inclusionary requirement is calculated from baseline dwelling units, excluding manager units. In mixed-tenure projects, the requirement applies to both rental and for-sale units. § 22.121.050.C.1

Projects subject to the separately referenced § 22.121.030.B must provide at least a 20% affordable-housing set-aside for lower-income households. The source materials do not include the applicability text of § 22.121.030, so the precise project triggers cannot be confirmed here. § 22.121.050.B

Recorded Covenant and Agreement

Income-restricted units require a covenant and agreement acceptable to LACDA and recorded with the Registrar-Recorder/County Clerk. A Housing Permit becomes null and void if the required covenant is not recorded within 180 days of the permit’s effective date, and no building permit may issue before recordation. § 22.166.070.A

The recorded agreement identifies the total units, income-restricted units, income levels, unit locations, square footage, bedrooms, monitoring, site-inspection authorization, and remedies. Rental agreements also require approved lease-up, management, and monitoring provisions; for-sale agreements include buyer-eligibility, owner-occupancy, monitoring, and equity-sharing controls. § 22.166.070.A.1–3

District-by-District Coverage

Coastal South Los Angeles

This is a for-sale inclusionary-housing submarket area, not a zoning district, with a 20% standard-project set-aside and 10% small-project set-aside at average affordability of 135% AMI or less. Typical permitted uses, setbacks, height, lot coverage, and where the submarket boundary applies to specific parcels are not found in source materials. § 22.121.050.A.2; Table 22.121.050-B

South Los Angeles — excluding condominiums

This named submarket area has a 20% standard-project and 10% small-project for-sale set-aside at average affordability of 135% AMI or less. The condominium exclusion appears in the table; the underlying zoning, permitted uses, and dimensional standards are not found in source materials. § 22.121.050.A.2; Table 22.121.050-B

East Los Angeles/Gateway

This for-sale submarket area requires a 20% standard-project set-aside or 10% small-project set-aside at average affordability of 135% AMI or less. It is not identified as a zoning district, and parcel boundaries, permitted uses, and bulk standards are not found in source materials. § 22.121.050.A.2; Table 22.121.050-B

San Gabriel Valley

This for-sale submarket area requires a 15% standard-project set-aside or 7% small-project set-aside at average affordability of 135% AMI or less. The source materials do not establish its zoning districts, allowed uses, dimensions, or parcel boundaries. § 22.121.050.A.2; Table 22.121.050-B

Santa Clarita Valley

This for-sale submarket area requires a 5% standard-project set-aside at average affordability of 135% AMI or less. No small-project percentage is listed; zoning, typical uses, and dimensional standards are not found in source materials. § 22.121.050.A.2; Table 22.121.050-B

Antelope Valley — excluding condominiums

This for-sale submarket area requires a 5% standard-project set-aside at average affordability of 135% AMI or less. No small-project percentage is listed, and the source materials do not establish underlying zoning, dimensional standards, or a parcel map. § 22.121.050.A.2; Table 22.121.050-B

Checklist

• Confirm the site is in an unincorporated area of Los Angeles County and identify its baseline density under the General Plan. § 22.120.100.B
• Determine whether Chapter 22.119 applies to the project action and whether an exemption applies. §§ 22.119.030–.040
• Inventory rental units existing, vacated, demolished, or converted within the relevant 5-year or 10-year lookback period. § 22.119.050.A
• Provide required affordable replacement units before seeking Title 22 approvals, or confirm eligibility for the replacement-fee alternative. §§ 22.02.055, 22.119.050.E
• Calculate baseline units excluding manager units and round fractional set-aside, density-bonus, and parking calculations up. § 22.120.100.A–D
• Select the density-bonus qualification pathway and applicable affordability tier. §§ 22.120.040.C, 22.120.050.A
• If Chapter 22.121 applies, determine rental versus for-sale tenure, project size, and applicable named submarket area. § 22.121.050.A
• Confirm the project is not within the 70 dB CNEL or higher airport-influence-area noise contour. § 22.120.100.D.3
• Obtain the required Housing Permit and record the LACDA-acceptable covenant before building-permit issuance. § 22.166.070.A
• Verify additional parcel constraints, including relevant Los Angeles County Community Standards Districts, Los Angeles County Hillside Management Areas, and Los Angeles County Specific Plans.

Risks & Ambiguities

Plain-English Summary

In the unincorporated areas of Los Angeles County, larger housing projects can earn more units and incentives by reserving homes at specified income levels, but protected rental housing often must first be replaced. The required percentage depends on the project’s tenure, size, affordability level, and—in for-sale projects—the County’s named submarket area; confirm the parcel’s zoning and Housing Permit requirements before relying on a bonus.

Source References

• Los Angeles County Zoning Code §§ 22.119.030–.050 — affordable-housing replacement applicability, exemptions, triggers, and replacement standards.
• Los Angeles County Zoning Code §§ 22.120.040, 22.120.050, 22.120.070, 22.120.100 — density-bonus eligibility, set-asides, incentives, land donation, and calculations.
• Los Angeles County Zoning Code § 22.121.050 — inclusionary rental and for-sale set-asides.
• Los Angeles County Zoning Code §§ 22.02.055, 22.166.030, 22.166.070 — replacement prerequisite, Housing Permit applicability, and covenants.
• California housing laws — related statewide housing-law topic.
• California Building Standards Code — related building-code topic; construction-code requirements are not established in Chapters 22.119–22.121.