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Development agreement means an agreement approved by the city council between a property <br />owner and the city pursuant to Government Code section 65864, et seq. <br />Entitled residential project means a development project that includes residential units subject to the <br />provisions and applicability of this Article XVIII.I. that received entitlement approvals by city council action <br />between August 4, 2015 and August 17, 2020 to construct the residential project and which has not been <br />issued a building permit prior to August 18, 2020. A list of the currently entitled residential projects is <br />attached hereto as Exhibit A and is incorporated by reference. <br />Executive director means the executive director of community development for the city. <br />General plan means the adopted general plan for the City of Santa Ana. <br />Inclusionary housing agreement means a legally binding agreement between the developer and the <br />city, in a form and substance satisfactory to the executive director and the city attorney, and containing <br />those provisions necessary to ensure that the requirements of this article are satisfied, whether through <br />the provision of inclusionary units or through an approved alternative method. <br />Inclusionary housing fund means the fund created by the city in which all fees collected in <br />compliance with this article shall be deposited. <br />Inclusionary housing plan means the plan submitted by the developer, in a form specified by the <br />executive director, detailing how the provisions of this article will be implemented for the proposed <br />residential project. <br />Inclusionary unit means a dwelling unit that will be offered for sale or rent to very low, low, or <br />moderate income households, at an affordable housing cost, in compliance with this article. <br />Low-income units and very low-income units means inclusionary units restricted to occupancy by low <br />or very low-income households, respectively, at an affordable housing cost. <br />Market rate units means dwelling units in a residential project that are not inclusionary units. <br />Moderate-income units means inclusionary units restricted to occupancy by moderate-income <br />households at an affordable housing cost. <br />Prior project means any project for which an application was submitted and the application was <br />deemed complete prior to August 4, 2015. <br />Regulatory agreement means an agreement entered into between the City of Santa Ana or the <br />Santa Ana Community Development Agency and a developer by which the developer covenants to keep <br />certain housing units at an affordable housing cost for a specified period of time. <br />Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a <br />decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally <br />sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, <br />safety or well-being of the occupants. <br />Residential project/project means any of the following: <br />A subdivision resulting in the creation of five (5) or more residential lots or residential condominium <br />units; or <br />The new construction of a project consisting of five (5) or more multi-family units; or <br />The new construction of five (5) or more separate houses or dwelling units; or <br />The conversion of five (5) or more existing residential rental units to condominium ownership. <br />Target area means that area designated by the city from time to time, on an as-needed basis, as a <br />priority area for rehabilitation due to health and safety concerns. <br />Total housing costs the total monthly or annual recurring expenses required of a household to obtain <br />shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by <br />Exhibit 3 - Redline Draft