Read: DCP Memo IMPLEMENTATION OF STATE DENSITY BONUS LAWS – SB 290, SB 728, AB 634 (2021), May 20, 2022
Dear Stakeholder:
As State legislation is adopted or revised, the City issues local implementation guidance as needed. Earlier this year, Los Angeles City Planning issued memorandums on Senate Bill (SB) 9. In addition to SB 9, SB 290, SB 728, Assembly Bill (AB) 634, and SB 478 all took effect on January 1, 2022. The bills expand State Density Bonus incentives for student and moderate-income housing, authorize the purchase of for-sale units by a qualified nonprofit, address jurisdictions’ ability to increase covenant terms beyond 55 years, and permit Floor Area Ratio (FAR) increases in low-density multi-family neighborhoods and commercial corridors.
City Planning has prepared two memorandums for the local implementation of these laws. The first memorandum includes SB 290, SB 728, and AB 634 and describes the changes, clarifications and additions to State Density Bonus Law. The second memorandum focuses on SB 478 and summarizes FAR allowances for sites permitting a density between three and ten units and clarifies minimum lot size requirements. Both memorandums will serve as interim guidance for staff and project applicants regarding the implementation of bills until the City’s Density Bonus Ordinance is updated or these memorandums are otherwise superseded.
Key Provisions and Restrictions
Note: Included below is a partial list of provisions and restrictions. Please consult the memorandum for detailed instructions.
SB 290
Allows one Density Bonus incentive or concession for student housing developments when the development contains at least 20% of the units for Lower-Income Students;
Reduces parking requirements for housing with at least 40% Moderate-Income units within one half-mile of a major transit stop to 0.5 parking spaces per bedroom;
Removes findings of a “specific adverse impact on the physical environment” as a basis for denial of a Density Bonus concession, incentive, or waiver; and
Clarifies definitions.
SB 728
Authorizes a qualified nonprofit housing corporation to purchase a for-sale unit created through Density Bonus.
AB 634
Clarifies that State law does not preclude the adoption of a local ordinance that requires affordability terms beyond 55 years.
Provides minimum statewide standards on Floor Area Ratio (FAR) and minimum lot sizes for housing development projects of three to ten units on land zoned for multi-family or mixed-uses, commonly known as “missing middle” housing. Specifically, for eligible projects, the bill provides that local jurisdictions may not:
- Impose a FAR standard that is less than 1.0:1 for an eligible housing development project consisting of three to seven units,
- Impose a FAR standard that is less than 1.25:1 for an eligible housing development project consisting of eight to ten units,
- Deny an eligible housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size, and
- Impose any other lot coverage requirements that would physically preclude a qualifying project from achieving the permitted FAR described above.
