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be-n-15%) of the housing units proposed for the Project as provided by Health & Safety Code <br />section 33413(b)(2)(A)), and/or (b) provide for up to sixty percent (60 %) of these inclusronary <br />units to moderate income residents at its Project, consistent with Health & Safety Code section <br />33413(b)(2). <br />5.8.3 No Redevelopment Subsidy. The Owner shall not be entitled to request <br />or accept any agreement with the Santa Ana Community Redevelopment Agency for economic, <br />debt service payments, or other assistance for the development of the Project. Failure to comply <br />with this provision shall be deemed in and of itself to constitute a failure to in good faith comply <br />with terms or conditions of this Agreement pursuant to the terms of Government Code section <br />65865.1. <br />5.8.4. In -Lieu ParIc Development Fee. The Owner shall pay an in -lieu park <br />development fee amount equivalent to the Park Dedication requirement te£e}eneed -in the -site <br />plan - review- letter -for Iite Nan Rovie . Ne. _0 96. The fee shall be assessed at the value of <br />$35.50 per square foot of area to be dedicated pursuant to the standard established by section <br />34 -204 et seq, of the Santa Ana Municipal Code, as specified in said City's site plan review <br />letter; provided, however that the fee may be increased yearly beginning twelve months <br />following the effective date of this agreement, by the average rate of increase in land costs in tine <br />City of Santa Ana, as that increase is established by the "Construction Cost Index -Los Angeles," <br />published by Engineering News - Record, or substitute index chosen by the Executive Director of <br />Planning and Building should that Index be discontinued. The fee shall be paid prior to issuance <br />of each building permit. The City shall use said fees for new parkland, capital improvements at <br />existing parks, and deferred maintenance at existing parks (tip to a maximum of fifty percent of <br />amount of the fee), and seventy five percent (75 %) of said fees shall be utilized by the City in the <br />Quadrant of the City (as set forth in the City's Park A &D Fee program) in which the Project is <br />located. If not used or appropriated this fee shall be returned to Develops Owner, consistent <br />with the provisions of (and subject to the exceptions contained within) the California Mitigation <br />Fee Act, Government Code § 66000 et sett. <br />5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, <br />and Restrictions (CC &R's) must be provided and approved by the Planning and Building Agency's <br />Executive Director for the project prior to the issuance of the first- building perini recording of the <br />Final Man. Such CC &R's must contain at a minimum, the following: <br />(1) No more than four residents per unit, except that for three - bedroom <br />units, there shall be no more than five residents per unit. <br />(2) '_-""`xl7 -the exte—alt permitted by 1.. all nid -e-Du ffil and live we+k ::`::4v <br />shall remain ee"iGd and shall not allow rental of a entire uCti C� <br />(32) No home occupancy shall be permitted in a unit, except in <br />accordance with section 41 -192 et sett, of the Santa Ana Municipal Code. <br />(,13) Assignment of repair of perimeter walls and common areas, <br />including landscaping, will be specified in the CC &R's in the event of <br />12 <br />75A -77 <br />