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<br />Ordinance No. NS-XXX <br />Page 6 of 17 <br /> <br />(1) A minimum of fifteen (15) percent of the units shall be rented to low-income <br />households, or <br /> <br />(2) A minimum of ten (10) percent shall be rented to very low-income <br />households, or <br /> <br />(3) A minimum of five (5) percent shall be rented to extremely low-income <br />households, or <br /> <br />(4) A minimum of ten (10) percent shall be available at an affordable housing <br />cost of which five (5) percent rented to low-income households, three (3) percent rented <br />to very low-income households, and two (2) percent rented to extremely low-income <br />households. <br /> <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 fractional <br />units, which shall be calculated based on the number of habitable square feet applicable <br />in each case. <br /> <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 displacement of <br />extremely low, very low and/or low-income household(s) shall be required to provide on- <br />site inclusionary units as required by this article. <br /> <br />(g) Compliance with article. All inclusionary units required by this article shall be sold <br />or rented in compliance with this article. <br /> <br />Sec. 41-1903. Exempt projects. <br />The following are exempt from the requirements of this article: <br /> <br />(a) Development agreements. A residential project that is the subject of a <br />development agreement under applicable provisions of the California Government Code <br />that expressly provides for an exclusion to this article , provides for a different amount of <br />inclusionary units, or provides for a different specified method for determining the in -lieu <br />fee provisions of this ordinance, such as the timing of payment or the point in time for <br />determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that <br />specified by this article. <br /> <br />(b) Project with regulatory agreement. A residential project for which a regulatory <br />agreement has been approved, provided that the regulatory agreement is effective at the <br />time the residential project would otherwise be required to comply with the requireme nts <br />of this article, and there is no uncured breach of the regulatory agreement before issuance <br />of a certificate of occupancy for the project. This may include a residential project that has