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LS 8.25.15 <br />Sec. 41 -1902. Applicability and Inclusionary Unit Requirements <br />(a) Applicability. The requirements of this Article shall apply to any new Residential <br />Project located within the City, including new construction, and condominium <br />conversions which exceed the General Plan prescribed densities. <br />(b) Applications. The requirements of this Article shall apply to any new Residential <br />Project proposed in connection with an application to do any of the following: <br />(1) Increase the permitted residential density of the subject property above the <br />density permitted by applicable zoning at the time of the application. The <br />inclusionary requirements shall only apply to the incremental increase in the <br />number of units beyond that which is allowed by the applicable zoning. <br />(2) Increase in the permitted residential density or percentage of residential <br />development allowed due to City initiated zone changes after November 28, <br />2011. <br />(3) Increase the permitted percentage of residential development allowed for a <br />mixed -use development above the percentage at the time of the application. <br />The inclusionary requirements shall only apply to the incremental increase in <br />the number of units beyond that which is allowed by the applicable zoning. <br />(4) Approval of new projects in an overlay zone site plan permitting residential <br />land uses pursuant to Division 28 of this Chapter. <br />(5) Convert rental units to condominium ownership. The inclusionary <br />requirements shall only apply to the incremental increase in the number of <br />units beyond that which is allowed by the applicable zoning. <br />(c) Units for sale. If the new Residential Project consists of units for sale, then a <br />minimum of 15- percent of the total number of units in the project shall be sold or <br />rented to Low Income Households. <br />(d) Rental units. If the new Residential Project consists of rental units, then a minimum <br />of 15- percent of the units shall be rented to Low - Income Households, or 10- percent <br />rented to Very Low - Income Households. <br />(e) Rounding of quantities in calculations. In calculating the required number of <br />Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The <br />Developer may choose to pay an in -lieu fee set forth in Section 41- 1904(c) for the <br />fractional units, which shall be calculated based on the number of habitable square <br />feet applicable in each case. <br />(f) Displacement of existing Inclusionary Units. Notwithstanding any other provision of <br />this Article, any Residential Project subject to this Article that results in the <br />11 B -7 <br />