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the Inclusionary Housing Plan. The Developer may file an appeal of <br />the takings determination of the Executive Director within fifteen (15) <br />calendar days after the date of the decision. Any appeal shall be <br />subject to the provisions of Chapter III of the Santa Ana Municipal <br />Code. <br />(b) Presumption of facts. In making the takings determination, the Executive <br />Director, shall presume each of the following facts: <br />(1) Application of requirements. Application of the inclusionary housing <br />requirement to the Residential Project; <br />(2) Incentives. Application and utilization of all density bonuses and <br />incentives available under State and local law; <br />(3) Product type. Utilization of the most cost-efficient product type for the <br />Inclusionary Units that would meet the standards of this Article; and <br />(4) External funding. The reasonable availability of external funding. <br />(c) Modifications to reduce obligations. If it is determined that the application of <br />the provisions of this Article would be a taking, the Inclusionary Housing <br />Plan shall be modified to reduce the obligations in the inclusionary housing <br />component to the extent, and only to the extent necessary, to avoid a taking. <br />If it is determined no taking would occur through application of this Article to <br />the Residential Project, the requirements of this Article remain applicable. <br />Section 10. Section 41-1908 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 41-1908. Enforcement <br />(a) Any violation of this Article constitutes a misdemeanor. <br />(b) Forfeiture of funds. Any individual who sells or rents an Inclusionary Unit in <br />violation of this Article shall be required to forfeit all money so obtained. <br />Recovered funds shall be deposited into the Inclusionary Housing Fund. <br />(c) Legal actions. The City may institute any appropriate legal actions or <br />proceedings necessary to ensure compliance with this Article, including <br />actions: <br />(1) To disapprove, revoke, or suspend any permit, including a Building <br />Permit, Certificate of Occupancy, or discretionary approval; and <br />(2) For injunctive relief or damages. <br />Ordinance No. NS-XXX <br />75B-38 Page 14 of 17