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Inclusionary Housing Agreement shall be a legally binding agreement <br />between the Developer and the City, in a form and substance <br />satisfactory to the Executive Director and the City Attorney, and <br />containing those provisions necessary to ensure that the <br />requirements of this Article are satisfied, whether through the <br />provision of Inclusionary Units or through an approved alternative <br />method. <br />(b) Discretionary approvals. No discretionary approval shall be issued for a <br />Residential Project subject to this Article until the Developer has submitted <br />an Inclusionary Housing Plan. <br />(c) Issuance of Building Permit. No Building Permit shall be issued for a <br />Residential Project subject to this Article unless the Executive Director has <br />approved the Inclusionary Housing Plan, and any required inclusionary <br />Housing Agreement has been recorded. <br />(d) Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not <br />be issued for a Residential Project subject to this Article unless the approved <br />Inclusionary Housing Plan has been fully implemented. <br />Section 8. Section 41-1906 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 41-1906. Standards <br />(a) Location within project, relationship to non-Inclusionary Units. All <br />Inclusionary Units shall be: <br />(1) Reasonably dispersed throughout the Residential Project; <br />(2) Proportional, in number of bedrooms, and location, to the market rate <br />units; <br />(3) Comparable to the market rate units included in the Residential <br />Project in terms of design, materials, finished quality, and <br />appearance; and <br />(4) Permitted the same access to project amenities and recreational <br />facilities, as are market rate units. <br />(b) Timing of construction. All Inclusionary Units in a Residential Project shall <br />be constructed concurrent with, or before the construction of the market rate <br />units. If the City approves a phased project, a proportional share of the <br />required Inclusionary Units shall be provided within each phase of the <br />Residential Project. <br />Ordinance No. NS-XXX <br />758-35 Page 11 of 17