Part 4 — HERO HOUSING ELEMENT RESIDENTIAL OVERLAY

HERO Housing Element Residential Overlay. The Housing Element Residential Overlay identifies sites within the City of San José 2014-2021 Housing Element (5th Cycle) that were not previously approved for development but are identified to accommodate a portion of the housing need for lower income housing in the current Housing Element (6th cycle). This overlay district allows residential uses by right for housing development in which at least 20 percent of the units are affordable to lower income households, as required by California Government Code Section 65583.2, subdivision (c).

(Ord. 30985.)

The Housing Element Residential Overlay applies to sites in the areas identified with the Housing Element Residential Overlay on the Zoning District Map.

(Ord. 30985.)

A housing development project in this overlay district must allow a minimum density of 30 dwelling units per acre and allow residential uses by right for housing developments in which at least 20% of the units are affordable to "Lower Income Households," as defined in Section 5.08.210. Ministerial approval may be allowed pursuant to Chapter 20.195 if the project includes the requisite number of affordable units.

(Ord. 30985.)

The allowed uses and development standards for the Housing Element Residential Overlay shall follow the underlying Zoning District.

(Ord. 30985.)

The affordable units constructed through the Housing Element Residential Overlay may count towards fulfilling the requirements of Chapter 5.08.400 of the City of San José Municipal Code.

(Ord. 30985.)

Applications for projects pursuant to this Part 4 shall comply with the Regulatory Agreement requirement in this Chapter 20.65 and may utilize Local Ministerial Approval pursuant to Part 3 of Chapter 20.195.

(Ord. 30985.)