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NS-2994
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Last modified
9/8/2020 2:51:44 PM
Creation date
9/8/2020 2:50:41 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-2994
Item #
2994
Date
9/1/2020
Destruction Year
P
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(3) Convert rental units to condominium ownership. The inclusionary <br />requirements shall only apply to the incremental increase in the number of units <br />beyond that which is allowed by the density permitted by the General Plan. <br />(c) Units for sale. If the new residential project consists of units for sale, then a <br />minimum of ten (10) percent of the total number of units in the project shall be sold <br />to moderate income households. <br />(d) Rental units. If the new residential project consists of rental units, then a minimum <br />of fifteen (15) percent of the units shall be rented to low-income households, or ten <br />(10) percent rented to very low-income households. <br />(e) Rounding of quantities in calculations. In calculating the required number of <br />inclusionary units, fractional units shall be rounded -up to the next whole unit. The <br />developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the <br />fractional units, which shall be calculated based on the number of habitable square <br />feet applicable in each case. <br />(f) Displacement of existing inclusionary units. Notwithstanding any other provision of <br />this article, any residential project subject to this article that results in the <br />displacement of very low and/or low income household(s) shall be required to <br />provide on -site inclusionary units as required by this article. <br />(g) Compliance with article. All inclusionary units required by this article shall be sold <br />or rented in compliance with this article. <br />Sec. 41-1903. - Exempt projects. <br />The following are exempt from the requirements of this article <br />(a) Applications deemed complete. Applications that include a residential project <br />for which a development application has been deemed complete prior to <br />November 28, 2011. <br />(b) Development agreements. A residential project that is the subject of a <br />Development Agreement under applicable provisions of the California <br />Government Code that expressly provides for an exclusion to this article or <br />provides for a different amount of inclusionary units from that specified by this <br />article, provided the Development Agreement was adopted on or before <br />November 28, 2011. <br />(c) Project with regulatory agreement. A residential project for which a regulatory <br />agreement has been approved, provided that the regulatory agreement is <br />effective at the time the residential project would otherwise be required to <br />comply with the requirements of this article, and there is no uncured breach of <br />the regulatory agreement before issuance of a certificate of occupancy for the <br />project. This may include a residential project that has obtained a density bonus <br />under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be <br />used to satisfy the inclusionary requirement for another project. <br />Ordinance No. NS-2994 <br />Page 7 of 17 <br />
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