A.

The purpose of this subsection is to specify how compliance with Government Code Section 65915 ("State Density Bonus Law") will be implemented, as required by Government Code Section 65915(a). La Mesa's "affordable homes bonus program" will be the term used to describe La Mesa's program to implement Government Code Section 65915 ("State Density Bonus Law").

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

Definitions. The definitions found in Government Code Section 65915 shall apply to the terms contained in this subsection.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

Applicability. A "housing development" as defined in Government Code Section 65915 shall be eligible for a density bonus and other regulatory incentives that are provided by Government Code Section 65915 when the applicant seeks and agrees to provide low, very-low, senior or moderate income housing units in the threshold amounts specified in Government Code Section 65915. A "housing development" includes only the residential component of a mixed use project. These benefits may be sought in addition to other benefits provided by the La Mesa Municipal code.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

Any applicant requesting a density bonus and any incentive(s), waiver(s), or parking reductions provided by Government Code Section 65915 shall submit an affordable homes bonus program report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development. The requests contained in the affordable homes bonus program report shall be processed concurrently with the planning application.

B.

The affordable homes bonus program report shall include the following minimum information:

1.

Requested density bonus.

(a)

Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

(b)

A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

(c)

The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

(d)

Calculation of the maximum number of dwelling units permitted by the city's zoning regulations and general plan for the housing development, excluding any density bonus units.

(e)

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

(f)

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.

(g)

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and information that each of the requirements included in Government Code Section 65915(g) can be met.

2.

Requested incentive(s). In the event an application proposes incentives pursuant to Government Code Section 65915, the affordable homes bonus program report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

(a)

The city's usual development standard and the requested development standard or regulatory incentive.

(b)

Except where mixed-use zoning is proposed as an incentive, in order to ensure that the granted incentives have value to the applicant, provide information that any requested incentive will reduce the cost of the housing development.

(c)

If approval of mixed use zoning is proposed, provide information that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed use zoning will provide for affordable rents or affordable sales prices.

3.

Requested waiver(s). In the event an application proposes waivers of development standards pursuant to Government Code Section 65915, the affordable homes bonus program report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

(a)

The city's usual development standard and the requested development standard.

(b)

Information that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.

4.

Requested parking reduction. In the event an application proposes a parking reduction pursuant to Government Code Section 65915(p), a table showing parking required by the zoning regulations and parking proposed under Section 65915(p).

5.

Child care facility. If a density bonus or incentive is requested for a child care facility, information that all of the requirements included in Government Code Section 65915(h) can be met.

6.

Condominium conversion. If a density bonus or incentive is requested for a condominium conversion, information that all of the requirements included in Government Code Section 65915.5 can be met.

7.

Fee. Payment of any fee in an amount set by resolution of the city council for staff time necessary to determine compliance of the affordable homes bonus program and with Government Code Section 65915.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C.

Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing, the applicant shall select the category under which the density bonus is granted. Density bonuses from more than one category may not be combined. Using this program, however, does not preclude the applicant from concurrently using the La Mesa specific density bonus program.

D.

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to Government Code Section 65915.

E.

The applicant may elect to accept a lesser percentage of a density bonus than the housing development is entitled to, including the utilization of no added density, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915(b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than thirty-five percent.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

Incentives include "incentives and concessions" as defined in Government Code Section 65915. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915.

B.

Nothing in this subsection requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

All requests for density bonus, incentives, parking reductions, or waivers shall be considered and acted upon by the same approval body with authority to approve the housing development, that would be required if the density bonus, incentive, parking reduction, or waivers were not a part of the development proposal.

A.

Eligibility for bonus, incentive(s), parking reduction, and/or waiver(s). To ensure that the application conforms with the provisions of Government Code Section 65915, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law:

1.

The housing development provides the affordable units or senior housing required by Government Code Section 65915 to be eligible for the density bonus, including the replacement of units rented or formerly rented to low and very low income households. The report should also detail any incentives, parking reduction, or waivers requested which are provided to the housing development from Government Code Section 65915, separately from other concessions or variations requested.

2.

Any requested incentive will reduce the cost of the housing development; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

3.

The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.

4.

If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code Section 65915(g) have been met.

5.

If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code Section 65915(h) have been met.

6.

If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code Section 65915.5 have been met.

B.

The decision-making body shall grant the concession or incentive requested by the applicant unless it makes a written finding, based upon substantial evidence of any of the following:

1.

The proposed incentive is not required to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety code, or for affordable rents, as defined in Section 50053 of the Health and Safety Code; or

2.

The proposed incentive would be contrary to state or federal law; or

3.

The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

C.

The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1.

The proposed waiver would be contrary to state or federal law; or

2.

The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3.

The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

D.

If any density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to subsection C.9.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

Except where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

B.

Where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with State and federal fair housing laws.

C.

The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

The city may not issue building permits for more than fifty percent of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

B.

Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

C.

For mixed-income projects, the number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

A.

If any portion of this subsection conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent with Government Code Section 65915 and Government Code Section 65915(r).

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)