20.190.030

A. Density Bonuses. 1. Density Bonus Units. The City will grant Density Bonus(es) if required by the State Housing Density Bonuses and Incentives Law when an Applicant timely requests such a Density Bonus for a Housing Development and agrees to execute and record a Regulatory Agreement providing for the construction and maintenance of Restricted Affordable Units or Senior Citizen Housing Development units as specified by the State Housing Density Bonuses and Incentives Law. 2. Density Bonus Calculations. The number of Restricted Affordable Units and Density Bonus Units shall be calculated in accordance with State Housing Density Bonuses and Incentives Law. 3. Density Bonus Replacement Ratio. All development approved under this Chapter which involves the replacement of units which are demolished or removed shall conform with State Housing Density Bonus and Incentives Law. B. Incentives. 1. An applicant proposing a density bonus shall be entitled to incentives as described in this Section for any development for which a written agreement and a deed of trust securing the agreement is entered into by the applicant and the City of San José. The City shall process an incentive requested by an applicant as set forth in this Section. 2. 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 and as granted in the permit. Each deviation from a specific requirement of the Municipal Code or General Plan shall be treated as a separate incentive or concession. C. Waivers. An Applicant may apply for a waiver or modification of Development Standards that will have the effect of physically precluding the construction of a Housing Development at the densities or with the incentives permitted by the State Housing Density Bonus Incentives and Law. (Ord. 31298 .)