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<br />Ordinance No. NS-XXX <br />Page 7 of 18 <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 requirements <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 <br />obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such <br />projects cannot be used to satisfy the inclusionary requirement for another project. <br /> <br />(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, <br />Article XVI.II - Adaptive Reuse. <br /> <br />(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 <br />Adopted on September 1, 2020. A development project that has received entitlement <br />approvals by city council action prior to November 16, 2021 to construct new residential <br />units is hereby determined to have vested the right to carry out the completion and <br />construction of the project under the regulations and provisions of Ordinance No. NS- <br />2994. The vested regulations and provisions in accordance with this section shall <br />terminate if any or all of the entitlement approvals become invalid for any reasons or have <br />expired under the various applicable time limits established in the Santa Ana Municipal <br />Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are <br />attached hereto as Exhibit A and is incorporated herein by reference. <br /> <br />Sec. 41-1904. Options to satisfy inclusionary requirements. <br />(a) On-site units. The primary means of complying with the inclusionary requirements <br />of this article shall be the provision of on-site inclusionary units in accordance with section <br />41-1902 above. A developer may only satisfy the requirements of this article by means of <br />an alternative to on-site inclusionary units in accordance with the requirements and <br />procedures of this section. <br /> <br />(b) Off-site units. <br /> <br />(1) New units. The developer may satisfy the inclusionary unit requirements for <br />the project, in whole or in part by constructing the required new inclusionary housing at a <br />different location within the city borders at the ratio of one square foot of habitable <br />inclusionary unit space for each required habitable square foot. While the total habitable <br />square footage area of the required new inclusionary units must be the same as the sum- <br />total of the number of habitable square feet for the project as directed by this ordinance, <br />the number of units and bedrooms associated with the off-site units may be approved by <br />the review authority of the city, consistent with the type of affordable housing needed at <br />the time of project review. <br /> <br />(2) Rehabilitated units outside a designated target area. The developer may <br />satisfy the inclusionary unit requirements for the project, in whole or in part by <br />substantially rehabilitating existing housing units elsewhere within the borders of the city