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Item 40 - Housing Opportunity Ordinance
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Item 40 - Housing Opportunity Ordinance
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
40
Date
4/5/2022
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<br />Ordinance No. NS-XXX <br />Page 10 of 17 <br />and prescribed as set forth herein below. Such concessions shall not be available to those <br />developers that choose to pay an in lieu fee rather than build the units. The developer <br />may opt to take advantage of up to two (2) concessions among the following possible <br />concessions: <br />(1) Parking concession. One on-site parking space for each zero to one <br />bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit; <br />two and one-half (2½) parking spaces for each four (4) or more bedroom unit. <br />(2) Concession on one of the following Zoning Code site development <br />standards: <br />(i) Setback reduction of up to twenty-five (25) percent reduction on <br />subject property; <br /> <br />(ii) Height increase of up to twenty (20) additional feet. <br /> <br />(b) A developer of a for sale residential project proposing to provide on-site moderate <br />income units and a surrounding community benefit may opt to take advantage of up to <br />three (3) of the above concessions. The surrounding community benefit will include but <br />not be limited to park improvements, urban community gardens, developer-funded down <br />payment assistance, or subsidy of services, activities or programs. <br />(1) Local Density Bonus. For each 1 percent increase above 5 percent in the <br />percentage of for-sale units affordable to moderate income households, the base density <br />shall be increased by 1.5 percent up to a maximum of 35 percent. <br />Sec. 41-1905. Housing plan and housing agreement. <br />(a) Submittal and execution. The developer shall comply with the following <br />requirements: <br />(1) Inclusionary housing plan. The developer shall submit an inclusionary <br />housing plan in a form specified by the executive director, detailing how the provisions of <br />this article will be implemented for the proposed residential project. The inclusionary <br />housing plan and its supportive documents, plans, and details shall be submitted at the <br />same time as the site plan and application materials for the original project. All <br />inclusionary housing plans shall be subject to the approval of the executive director and <br />subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. <br />2) Inclusionary housing agreement. The developer shall execute and cause to <br />be recorded an inclusionary housing agreement. The inclusionary housing agreement <br />shall be a legally binding agreement between the developer and the city, executed by the <br />city manager, or his or her designee, and in a form and substance satisfactory to the <br />executive director and the city attorney, and containing those provisions necessary to <br />ensure that the requirements of this article are satisfied, whether through the provision of <br />inclusionary units or through an approved alternative method. <br />(b) Discretionary approvals. No discretionary approval shall be issued for a residential <br />project subject to this article until the developer has submitted an inclusionary housing <br />plan.
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