Key Updates on Executive Directive 1 (ED 1) for Affordable Housing Development (March 2024)

On December 16, 2022, Mayor Karen Bass issued Executive Directive 1 (ED 1) to streamline the approval process for Shelter projects and 100 Percent Affordable Housing Projects. This initiative addresses the housing and homelessness crisis in Los Angeles by expediting review procedures within the Department of City Planning (City Planning), the Department of Building and Safety (LADBS), and the Housing Department (LAHD). This article provides an update based on the City’s latest revisions issued on March 21, 2024, aimed at informing developers and building owners about the ED 1 implementation guidelines.

Key Updates in ED 1 Implementation (March 2024)

New ED 1 Property Owner Declaration: Required for project review.

Technical Clarifications: On eligibility and filing standards.

LAHD Replacement Unit Determination Updates: Reflecting new state laws effective January 1, 2024.

ED 1 Eligibility Criteria

ED 1 applies to all Shelter projects and 100 Percent Affordable Housing Projects with active or valid applications or referral forms filed with City Planning. Projects must meet the following criteria:

100 Percent Affordable Housing Projects: Must have all units affordable at 80% Area Median Income (AMI) or lower, or up to 20% of units at 120% AMI, with the balance at 80% AMI or lower.

Project Types Excluded from ED 1: Projects requiring legislative action, deviations from development standards, Coastal Development Permits, or those subject to the Subdivision Map Act.

If a project changes such that it no longer meets ED 1 criteria, it becomes disqualified from the streamlined process.

ED 1 Declaration Form: Property owners must submit a signed Declaration of Project Eligibility to LAHD’s Land Use Section. This includes complete project information and the unit and AMI breakdown.

City Planning Procedures

ED 1 Ministerial Approval Process: Provides streamlined review enhancements and reduced filing fees. Use the ED 1 Case Intake Instructions and Checklist for application preparation.

Pre-Application Timelines and Procedures:

Concurrent Referrals: Submit requests through the City Planning’s Online Application System (OAS).

Priority Scheduling: For case filing appointments through the BuildLA website.

Filing Requirements:

Application Submission: Through OAS or in-person.

Case Filing Fees: Set at "Administrative Review - Major," plus surcharges per Los Angeles Municipal Code (LAMC) Section 19.04.

Timelines:

30-Day Review: City Planning provides a list of necessary changes within 30 days of application submission.

60-Day Approval: Ministerial ED 1 approvals are decided no later than 60 days after the deemed complete date.

Projects eligible for ED 1 are exempt from the California Environmental Quality Act (CEQA) and Site Plan Review procedures.

Building and Safety (LADBS) Procedures

Permit Applications and Procedures:

ePlanLA: Submit plans and documents through the online system.

Plan Check Fees: Payment link sent post-submission; application deemed complete once fees are paid.

Review Process: Plans assigned to a plan check engineer within the LADBS Affordable Housing Section.

Development Service Case Management: Case Managers guide projects through permitting, City Planning approvals, public improvements, and utility design. Schedule meetings via the DSCM Service Request Form.

Inspection Procedures: Schedule inspections online or by phone. Upon completion, a Temporary Certificate of Occupancy or a Certificate of Occupancy is issued.

Housing Department Procedures

Replacement Unit Determinations (RUDs): Simplified application and concurrent review processes.

Affordability Covenants:

Covenant Recording: Must record a covenant guaranteeing affordability for typically 55 years. Simplified application process with concurrent reviews.

Accessible Housing Program (AcHP): Applies to specified housing development projects funded by City, state, or federal programs. Projects must meet accessibility requirements outlined in the Corrected Settlement Agreement (CSA) and Voluntary Compliance Agreement (VCA).

Accessibility Plan Review: Concurrent review with other City departments.

Development Standards, Tribal Consultations, and Labor Standards

Density: Utilize maximum allowable base density under zoning regulations. Check zoning via ZIMAS.

Parking: Reductions applicable for projects within ½ mile of a major transit stop. AB 2097 eligibility is available on ZIMAS.

Height: AB 2334 allows for an additional three stories or 33 feet in height for projects in "very low vehicle travel areas."

Vesting Provisions: Qualify for vesting through complete plan checks or Housing Crisis Act Vesting Preliminary Applications.

Tribal Consultations and Labor Standards: Not applicable for ED 1 projects under certain state guidelines.

By understanding these updates and procedures, developers and building owners can efficiently navigate the streamlined process for affordable housing projects, contributing to the alleviation of the housing crisis in Los Angeles.