20.190.090

Application review and approval process.

San Jose Municipal Code · San José Municipal Code § 20.190.090

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A. General. An application for a Density Bonus, incentive, waiver or modification of Development Standards shall be acted upon by the Approval Authority. The granting of a Density Bonus, incentive, waiver or modification of Development Standards shall not be deemed approval of the entire project, nor to affect or constrain the exercise of discretion for any subsequent approval that may be required for the project. No application shall be accepted for a Density Bonus for a Site on which a prior Density Bonus has been approved, unless the Applicant waives any right to proceed with the project as approved with the prior Density Bonus. B. Conditions of Approval. Before approving an application for a Density Bonus, incentive, waiver, or modification of Development Standards the Approval Authority must make the following findings based on evidence in the record, as applicable, that: 1. The Housing Development is eligible for a Density Bonus and any incentives, waivers or modifications requested. 2. If the Density Bonus is based all or in part on subsections (a) (b) or (c) below, a finding that the requirements for the applicable characteristics that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met. a. Donation of land; b. Inclusion of a Child Care Facility; c. A Mixed-Use development; d. A condominium conversion C. Conditions for Denial. 1. The City may deny an application for a Density Bonus, incentive, waiver, or modification pursuant to the conditions for denial set forth in the State Density Bonus and Incentives law, as amended. (Ord. 31298 .)