greater downtown housing incentive

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CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING ZONING INFORMATION FILE Effective Date: September 23, 2007 ZI NO. 2385 GREATER DOWNTOWN HOUSING INCENTIVE AREA COUNCIL DISTRICTS: 8, 9 & 14 COMMENTS: On September 23, 2007, Ordinance No. 179,076 became effective, establishing the Greater Downtown Housing Incentive Area. INSTRUCTIONS: The ordinance modified several code sections for projects within the Greater Downtown, as defined on the attached map, added a requirement for compliance with Design Guidelines, and established a floor area bonus for projects that voluntarily provide a prescribed percentage of units for affordable housing. The following codes were modified for all projects within the boundaries of the Greater Downtown Housing Incentive Area: The maximum unit per lot area was eliminated; density is unlimited (within the relevant FAR) All yard requirements were eliminated Buildable Area is the same as Lot Area The percentages of private and common open space were eliminated; however the total per unit open space requirement shall still be provided. Tract and parcel maps may include land set aside for street or alley purposes within the calculation of allowable floor area of a residential or mixed use building (including Apartment Hotels) The following requirement was added for all projects in the Greater Downtown Housing Incentive Area: Issue no building permit for a residential or mixed use building (including Apartment Hotels) unless the CRA/LA has determined that the project complies with the Urban Design Standards and Guidelines A floor area bonus system was established as follows: Bonuses: 35% increase in total floor area The definition of “floor area” was modified to exclude public areas accessible to all residents, common areas that serve both residential and commercial uses, and any unenclosed architectural features (i.e halls, lobbies, porte-cocheres, etc.) Required open space may be reduced by one half, provided a fee is paid in lieu of providing the open space (the fee is the same as the relevant Quimby fee; however it is in ADDITION to the required Quimby fee) No parking spaces shall be required for dwelling units or guest rooms set aside for households earning less than 50% of the Area Median Income as determined by LAHD No more than one parking space shall be required for each dwelling unit (including spaces allocated for guest parking) The following Affordable Housing Set-Aside shall be provided in order to utilize the Bonuses above: 5% of the total number of dwelling units shall be provided for Very Low Income households; and One of the following shall be provided: 10% of the total number of units for Low Income households OR 15% of the total number of units for Moderate Income households OR 20% of the total number of units for Workforce Income households (150% of Area Median Income)

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Page 1: Greater Downtown Housing Incentive

CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING

ZONING INFORMATION FILE

Effective Date: September 23, 2007

ZI NO. 2385 GREATER DOWNTOWN HOUSING INCENTIVE AREA

COUNCIL DISTRICTS: 8, 9 & 14 COMMENTS: On September 23, 2007, Ordinance No. 179,076 became effective, establishing the Greater Downtown Housing Incentive Area. INSTRUCTIONS: The ordinance modified several code sections for projects within the Greater Downtown, as defined on the attached map, added a requirement for compliance with Design Guidelines, and established a floor area bonus for projects that voluntarily provide a prescribed percentage of units for affordable housing. The following codes were modified for all projects within the boundaries of the Greater Downtown Housing Incentive Area:

• The maximum unit per lot area was eliminated; density is unlimited (within the relevant FAR) • All yard requirements were eliminated • Buildable Area is the same as Lot Area • The percentages of private and common open space were eliminated; however the total per unit

open space requirement shall still be provided. • Tract and parcel maps may include land set aside for street or alley purposes within the

calculation of allowable floor area of a residential or mixed use building (including Apartment Hotels)

The following requirement was added for all projects in the Greater Downtown Housing Incentive Area: • Issue no building permit for a residential or mixed use building (including Apartment Hotels)

unless the CRA/LA has determined that the project complies with the Urban Design Standards and Guidelines

A floor area bonus system was established as follows: Bonuses:

• 35% increase in total floor area • The definition of “floor area” was modified to exclude public areas accessible to all

residents, common areas that serve both residential and commercial uses, and any unenclosed architectural features (i.e halls, lobbies, porte-cocheres, etc.)

• Required open space may be reduced by one half, provided a fee is paid in lieu of providing the open space (the fee is the same as the relevant Quimby fee; however it is in ADDITION to the required Quimby fee)

• No parking spaces shall be required for dwelling units or guest rooms set aside for households earning less than 50% of the Area Median Income as determined by LAHD

• No more than one parking space shall be required for each dwelling unit (including spaces allocated for guest parking)

The following Affordable Housing Set-Aside shall be provided in order to utilize the Bonuses above:

• 5% of the total number of dwelling units shall be provided for Very Low Income households; and

• One of the following shall be provided: • 10% of the total number of units for Low Income households OR • 15% of the total number of units for Moderate Income households OR • 20% of the total number of units for Workforce Income households (150% of Area

Median Income)

Page 2: Greater Downtown Housing Incentive

Any dwelling unit or guest room occupied by a household earning less than 50% of the Arae Median Income that is demolished shall be replaced on a one-for-one basis within the Community Plan Area Covenants shall be filed with the LAHD for all affordable units prior to the issuance of a building permit

If you have any questions regarding this matter, please contact the Central City and/or South Los Angeles Community Plan staff or the CRA/LA staff.

Page 3: Greater Downtown Housing Incentive

ORDINANCE NO. 179076

An ordinance amending Sections 12.03,12.22,12.24,16.05,17.05, and 17.52 of

the Los Angeles Municipal Code.

THE PEOPLE OF THE CITY OF iOS ANGELESDO ORDAIN AS FOllOWS:

Section 1. Section 12.03 of the Los Angeles Municipal Code is amended byadding a new definition for the term "Greater Downtown Housing Incentive Area" inproper alphabetical order to read:

GREATER DOWNTOWN HOUSING INCENTIVE AREA. Those portions of theCentral City and Southeast Community Plan Areas generally bounded by the 101Freeway on the north, the 110 freeway and Figueroa Street (south of Adams Blvd) onthe west, Alameda and Grand Avenue (south of 21st Street) on the east, andWashington Boulevard and Martin Luther King Jr. Blvd (west of Broadway) on the southas shown in the shaded portion of Map A, dated January 23, 2007, attached to CouncilFile No. 05-1173.

Sec. 2. Subsection A of Section 12.22 of the Los Angeles Municipal Code isamended by adding a new Subdivision 29 to read:

29. Floor Area Bonus for the Greater Downtown Housing Incentive Area.

(a) Definitions.

Area Median Income (AMI) - the median income in the Los AngelesCounty as determined annually by the United States Department of Housing andUrban Development (HUD), or any successor agency, adjusted for householdsize.

Floor Area Bonus - an increase in floor area greater than the otherwisemaximum allowable floor area, as set forth in Section 12.21.1 of the Code.

Income, Very low, low or Moderate - annual income of a householdthat does not exceed amounts designated for each income category asdetermined by HUD, or any successor agency.

Income, Workforce - the annual income of a household that does notexceed 150% of the Area Median Income as determined by HUD, or anysuccessor agency.

Restricted Affordable Unit - a residential unit for which rental ormortgage amounts are restricted so as to be affordable to and occupied by VeryLow, Low, Moderate or Workforce Income households, as determined by theLos Angeles Housing Department.

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Page 4: Greater Downtown Housing Incentive

(b) Eligibility for Floor Area Bonus. A residential (including Apartment Hoteland mixed-use) building in the Greater Downtown Housing Incentive Area containingthe requisite number of Restricted Affordable Units as determined by the Department ofCity Planning and as set forth in Subparagraphs (1), (2) and (3) below shall be grantedthe following incentives in accordance with Paragraph (c) below:

(1) 5% of the total number of dwelling units shall be provided for Very LowIncome households; and

(2) One of the following shall be provided:

(i) 10% of the total number of dwelling units for Low Incomehouseholds; or

(ii) 15% of the total number of dwelling units for Moderate Incomehouseholds; or

(iii) 20% of the total number of dwellng units for Workforce Incomehouseholds.

(3) Any dwelling unit or guest room occupied by a household earning lessthan 50% of the Area Median Income that is demolished or otherwise eliminatedshall be replaced on a one-for-one basis within the Community Plan Area inwhich it is located.

(4) Fractional Units. In calculating Restricted Affordable Units, anynumber resulting in a fraction shall be rounded up to the next whole number.

(c) Incentives.

(1) A 35% increase in total floor area. In computing the total floor area ofa residential building or residential portion of a building, any public areaaccessible to all residents, including public common areas that serve bothresidential and commercial uses, and any unenclosed architectural features andareas of a building shall not be considered part of the total floor area of aresidential or residential portion of a building. The floor area shall be measuredto the center line of partitions separating public and non-public common areas.

(2) The open space required pursuant to Section 12.21 G of this chapterfor all dwelling units shall be reduced by one-half, provided that a fee equivalentto the amount of the relevant Quimby park and recreation fee shall be paid for alldwelling units in a project regardless of whether a park and recreation fee isotherwise required. This in-lieu fee shall be placed in a trust fund with theDepartment of Recreation and Parks for the purpose of acquisition, developmentand maintenance of open space and/or streetscape amenities within the GreaterDowntown Housing Incentive Area, and within the Community Plan Area in whichthe project is located.

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Page 5: Greater Downtown Housing Incentive

(3) No parking space shall be required for dwelling units or guest roomsdedicated to or set-aside for households that earn less than 50% of the AreaMedian Income as determined by the Los Angeles Housing Department.

(4) No more than one parking space (including spaces allocated for guestparking) shall be required for each dwelling unit.

(d) Covenant. Prior to issuance of a building permit to create a residential ormixed-use building or an Apartment Hotel, the following shall apply:

(1) For any project qualifying for a Floor Area Bonus that contains rentalhousing for Low, Very Low, Moderate or Workforce Income households, acovenant acceptable to the Los Angeles Housing Department shall be recordedwith the Los Angeles County Recorder, guaranteeing that the affordability criteriawill be observed for at least 30 years from the issuance of the Certificate ofOccupancy or a longer period of time if required by the construction or mortgagefinancing assistance program, mortgage assistance program, or rental subsidyprogram.

(2) For any project qualifying for a Floor Area Bonus that contains for-salehousing for Moderate or Workforce Income households, a covenant acceptableto the Los Angeles Housing Department and consistent with the for-salerequirements of California Government Code Section 65915( c )(2) shall berecorded with the Los Angeles County Recorder.

(3) If the duration of affordability covenants provided for in this subdivisionconflicts with the duration for any other government requirement, the longestduration shall control.

Sec. 3. Subdivision 3 of Subsection C of Section 12.22 of the Los AngelesMunicipal Code is amended to read:

3. Incentives to Produce Housing in the Greater Downtown HousingIncentive Area. Notwithstanding any other provision of this chapter to thecontrary, for lots in the R4, RAS4, R5, CR, C2, C4, and C5 zones in the GreaterDowntown Housing Incentive Area, the following shall apply:

(a) No yard requirements shall apply except as required by theUrban Design Standards and Guidelines, prepared by the CommunityRedevelopment Agency and approved by the City Planning Commission.The Director of Planning or his/her designee shall stamp and sign theplans showing the required yards. The applicant shall submit the stampedand signed plans to the Department of Building and Safety along with theplans submitted for a building permit.

(b) For the purpose of calculating the buildable area for residential(including Apartment Hotel or mixed-use) buildings, the buildable areashall be the same as the lot area.

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Page 6: Greater Downtown Housing Incentive

(c) The maximum number of dwelling units or guest roomspermitted shall not be limited by the lot area provisions of this chapter solong as the total floor area utilized by guest rooms does not exceed thetotal floor area utilized by dwellng units.

(d) Notwithstanding the provisions of Section 12.21 G 2 of thisCode to the contrary, there shall be no prescribed percentage of therequired open space that must be provided as either common open spaceor private open space.

Sec. 4. Subsection U of Section 12.24 of the Los Angeles Municipal Code isamended by adding a new Subdivision 27 to read:

27. Floor area bonus for a residential (including Apartment Hotel andmixed-use) building in the Greater Downtown Housing Incentive Area wherethe floor area bonus exceeds that permitted pursuant to Section 12.22 A 29 ofthis Code.

(a) In addition to the other findings required by this section, the City

Planning Commission shall make the following findings:

(1) That the residential (including Apartment Hotel andmixed-use) building is consistent with and implements the HousingElement of the General Plan, which includes objectives toencourage the availability of affordable dwelling units;

(2) That the residential (including Apartment Hotel andmixed-use) building is consistent with the applicable communityplan; and

(3) That a residential (including Apartment Hotel and mixed-use) building in the Central City Community Plan area conformswith Urban Design Standards and Guidelines for the Central CityCommunity Plan Area once those guidelines have been approvedby the City Planning Commission.

Sec. 5. Subdivision 1 of Subsection C of Section 16.05 of the Los AngelesMunicipal Code is amended by adding a new Paragraph (e) to read:

(e) Any residential (including Apartment Hotel or mixed-use)building located within the Greater Downtown Housing Incentive Area.

Sec. 6. Subdivision 3 of Subsection D of Section 16.05 of the Los AngelesMunicipal Code is amended by adding Paragraph (c) to read:

(c) the residential (including Apartment Hotel or mixed-use)building is within the Greater Downtown Housing Incentive Area and hasbeen determined by the Community Redevelopment Agency (CRA) to

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Page 7: Greater Downtown Housing Incentive

comply with the Urban Design Standards and Guidelines, prepared by theCRA and approved by the City Planning Commission when the CityPlanning Commission finds that the guidelines are consistent with theapplicable community plans.

Sec. 7. The third unnumbered paragraph of Subsection C of Section 17.05 of theLos Angeles Municipal Code is amended to read:

Each Tentative Map shall substantially conform to all other elements of theGeneral Plan. In computing the number of dwellng units, only the area beingdesignated for residential use and land that is being dedicated for public usesshall be considered, excepting, however, land set aside for street purposes, orland required to be dedicated for park and recreation purposes pursuant toOrdinance 141,422. However, in the Greater Downtown Housing Incentive Area,the area used for computing the allowable floor area of a residential (includingApartment Hotel or mixed-use) building shall be the lot area including any land tobe set aside for street purposes.

Sec. 8. Subsection H of Section 17.05 of the Los Angeles Municipal Code isamended by adding a new Subdivision 10 to read:

10. In calculating the allowable floor area of a subdivision

proposed to be developed as a residential (including Apartment Hotel ormixed use) building in the Greater Downtown Housing Incentive Area, anyland required to be dedicated for street purposes shall be included as partof the lot area of the subdivision.

Sec. 9. Section 17.52 of the Los Angeles Municipal Code is amended by addinga new Subsection J to read:

. J. Greater Downtown Housing Incentive Area. In calculating theallowable floor area of a parcel map proposed to be developed as a residential(including Apartment Hotel or mixed use) building in the Greater DowntownHousing Incentive Area, any land required to be dedicated for street purposesshall be included as part of the lot area of the parcel map.

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Page 8: Greater Downtown Housing Incentive

Sec. 10. The City Clerk shall certify to the passage of this ordinance and have itpublished in accordance with Council policy, either in a daily newspaper circulatedin the City of Los Angeles or by posting for ten days in three public places in the City ofLos Angeles: one copy on the bulletin board located at the Main Street entrance to theLos Angeles City Hall; one copy on the bulletin board located at the Main Streetentrance to the Los Angeles City Hall East; and one copy on the bulletin board locatedat the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby ~ertify th~t this ordin~Qaett15z~dfsed by the Council of the City ofLos Angeles, at its meeting of P. .

FRANK T. MARTINEZ, City Clerk

By ;?) -W~Deputy

ApprovedAUG 1 3 2007 /

Màyor

Approved as to Form and Legality

ROCKARD J. DELGADILLO, City AttorneyPursuant to Charter Section 559, i approvethis ordinance on behalf of the City PlanningCommission and recommend that it beadopted. . . . .

August 7 , 2007

Date AUG 0.7207 - - :~~yl~ ,:

See attached report.-- ;J:-:'2. '~;d ..: '.",',.õ;'-'-

File No(s). CF 05-1173: CPC-2005-1122,CPC-2005-1124. CPC-2005-0361

(M:\Real Prop_Env_Land Use\Land Use\Sharon Cardenas\Ordinances\Greater Dwntwn Housing Ord V3.doc)

Page 9: Greater Downtown Housing Incentive

DECLATION OF POSTING ORDINANCE

I, MARIA C. RI CO, state as follows: I am, and was at all times

hereinafter mentioned, a resident of the State of California, over the age

of eighteen years, and a Deputy City Clerk of the City of Los Angeles,

California.

Ordinance No. 179076 - Amendinq Sections 12.03, 12.22, 12.24, 16.05, 17.05

and 17.52 of the Los Anqeles Municipal Code - a copy of which is hereto

attached, was finally adopted by the Los Angeles City Council on August 1,

2007, and under the direction of said City Council and the City Clerk,

pursuant to Section 251 of the Charter of the City of Los Angeles and

Ordinance No. 172959, on August 14, 2007 I posted a true copy of said

ordinance at each of three public places located in the City of Los

Angeles, California, as follows: 1) one copy on the bulletin board located

at the Main Street entrance to the Los Angeles City Hall; 2) one copy on

the bulletin board located at the Main Street entrance to the Los Angeles

Ci ty Hall East; 3 ) one copy on the bulletin board located at the Temple

Street entrance to the Hall of Records of the County of Los Angeles.

Copies of said ordinance were posted conspicuously beginning on August

14, 2007 and will be continuously posted for ten or more days.

I declare under penalty of perj ury that the foregoing is true and

correct.

Signed this 14th day of August 2007 at Los Angeles, California.

M~ C~Maria C. Rico, Deputy City Clerk

t¿ c-Ordinance Effective Date: Septemer 23, 2007 Council File No. 05-1173

Rev. (2/21/06)

Page 10: Greater Downtown Housing Incentive

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LAR

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W MARYLAND ST

VIOLET ST

LOMA PL

HO

ND

UR

AS

ST

BOAZ

ST

DOWNEY WY

DO

RS

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T

LEI MIN WY

ROSABEL

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DIAMOND ST

DEC

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URTL

AND

AV

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ST

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S FR

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V

FIG

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OA

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ST

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L

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PRO

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DR

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OR

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30TH ST

STEVENS PL

S TO

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ST

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GIN LING WY

W 8TH ST

SAINT

VINCENT C

T

EMERALD DR

VICTO

R ST

CORTEZ ST

GER

ALDI

NE S

T

GO

LDEN

AV

CUSTER AV

REPUBLIC ST

OVER

TON

ST

LAUGHLIN CT

OTT

AWA

CT

JUNG JING RD

W 18TH ST

WAL

L ST

W 42ND ST

BEVERLY BLVD

WER

DIN

PL

W 24TH ST

S G

RAND

AV

S HO

PE S

T

TRIN

ITY

ST

W 2ND ST

W 35TH ST

W 38TH ST

E 20TH ST

ADAI

R ST

W 41ST PL

E 27TH ST

W 4TH ST

E 40TH PL

S BI

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ST

W 31ST ST

E 21ST ST

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E 33RD ST

ROCKWOOD ST

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NNIE

BRA

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MAG

NO

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AV

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VALE

NCIA

ST

ALPINE ST

E 32ND ST

W 32ND ST

MAG

NO

LIA

A V

S HO

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T

W 10TH PL

S PA

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IEW

ST

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S BO

NNIE

BRA

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VALE

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ST

W 37TH PL

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S W

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ST

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ON S

T

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DYS

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MAG

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ST

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IEW

ST

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IEW

ST

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NNIE

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MAG

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L IA

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ST

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MAG

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AV

GLAD

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BEAC

ON

AV

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PE S

T

W 27TH ST

E 29TH ST

S BI

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ST

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T

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E 16TH ST

W 22ND ST

STAN

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AV

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W 31ST ST

MO

RG

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V

W 37TH PL

E 33RD ST

W 22ND ST

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S O

LIVE

ST

W 42ND PL

WAL

L STW 27TH ST

WAD

SWO

RTH

AV

W 27TH ST

S CO

RONA

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T

W 41ST ST

E 35TH ST

W 22ND ST

STAN

FORD

AV

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E 33RD ST

E 14TH ST

CH

ANN

ING

ST

E 16TH ST

W 41ST ST

SAN

JULI

AN S

T E 10TH ST

E 42ND ST

E 37TH ST

E 11TH ST

W 25TH ST

SAN MARINO ST

W 5TH ST

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CERE

S AV

WAL

L ST

W 5TH ST

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S LA

KE S

T

W 28TH ST

WIT

MER

ST

E 41ST PL

E MARTIN LUTHER KING JR BLVD

E 43RD ST

MYR

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ST

W 5TH ST

STATE DR

MAG

NO

L IA

AV

W 24TH ST

E 21ST ST

W 2ND ST

KOHLER S

T

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MC

GAR

RY

ST

SANT

EE S

T

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OAK

ST

W 4TH ST

TRIN

ITY

ST

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W 14TH ST

GEO

RGIA

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NEW

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T

SANT

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PORT

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ST

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W 2ND ST

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T

W 12TH ST

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MCG

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ST

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W 17TH ST

W 25TH ST

S BO

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BRA

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IEW

ST

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T

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SWO

RTH

AV

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PE S

T

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E 41ST PL

W 20TH ST

LAW

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CE

ST

FRANCIS

CO ST

DIAMOND ST

W 33RD ST

W 33RD ST

TRIN

ITY

ST

E 21ST ST

MIRAMAR ST

W 18TH ST

GEO

RGIA

ST

W 43RD PL

NAO

MI A

V

W 22ND ST

STAU

NTO

N A

V

ADAI

R S

T

VALE

NCIA

ST

MC

GAR

RY

ST

E 43RD ST

E 33RD ST

E 35TH ST

W 14TH ST

E 43RD ST

E 18TH ST

N BI

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ST

S CA

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ELET

ST

W 5TH ST

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STAN

FORD

AV

W 43RD ST

E 42ND ST

W 21ST ST

N SP

RIN

G S

T

S HO

PE S

T

W 35TH ST

ROYA

L ST

PALO

MA

ST

HARLEM P

L

E 10TH ST

W 40TH PL

S BI

XEL

ST

S LA

FAYE

TTE

PARK

PL

E 40TH PL

E 24TH ST

VICTO

R ST

NEWTON ST

E 43RD PL

W 8TH PL

LEBA

NON ST

W 41ST PL

E 20TH ST

S UN

ION

AV

ADAI

R ST

WIT

MER

ST

WERDIN

PL

W 4TH ST

GRAN

D VI

EW S

T

WAL

L ST

S BI

XEL

ST

E 42ND ST

S H

EWIT

T S T

E 25TH ST

E 7TH PL

W 29TH ST

W 42ND ST

LAW

REN

CE

ST

S HE

WIT

T ST

BAY ST

S BI

XEL

ST

OAK

ST

W 28TH ST

W 10TH ST

W 38TH ST

E 20TH ST

W 36TH ST

W 21ST ST

MC

KIN

LEY

AV

TRIN

ITY

ST

WAL

L ST

ALBA

NY S

T

WIL

SON

ST

W 40TH PL

TOBE

RMAN

ST

E 11TH ST

W 41ST PL

BLAI

NE S

T

E 15TH ST

TOW

NE A

V

§̈¦10

tu101

AreaMapped

Data Sources: Department of City Planning, Bureau of Engineering, Community Redevelopment Agency, andTransportation network Copyright (c) 2005 Thomas Brothers Maps, Inc

Greater Downtown Housing Incentive Area ´NOT TO SCALE

Prepared by the Department of City PlanningSystems & GIS Division - January 2007

CPC-2005-1122, CPC-2005-1124, CPC-2005-0361

Map Document: (H:\ . . . \CPC2005112211240361Map121306_012307.mxd) 1/23/2007