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(b) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article OF pmvi es for a .different amount of, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in--Aieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in --lieu fee amount, to satisfy the inclusionary units from that specified by this article,, previided the (c) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (d) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II -Adaptive Reuse. Section 8. Section 41-1904 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 41-1904. - Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-19011902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. Ordinance No. NS-XXX Page 7 of 16 City Council 1 — 21 7/26/2021