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11B - 2ND READ ORD - HOUSING OPPORTUNITY ORD - HOO
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11B - 2ND READ ORD - HOUSING OPPORTUNITY ORD - HOO
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8/27/2015 5:52:52 PM
Creation date
8/27/2015 5:04:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11B
Date
9/1/2015
Destruction Year
2020
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LS 8.25.15 <br />displacement of Very Low and /or Low Income Household(s) shall be required to <br />provide on -site Inclusionary Units as required by this Article. <br />(g) Compliance with Article. All Inclusionary Units required by this Article shall be sold <br />or rented in compliance with this Article. <br />Sec. 41 -1903. Exempt projects <br />The following are exempt from the requirements of this Article: <br />(a) Applications deemed complete. Applications that include a Residential Project for <br />which a development application has been deemed complete prior to November <br />28, 2011. <br />(b) Development Agreements. A Residential Project that is the subject of a <br />development agreement under applicable provisions of the California Government <br />Code that expressly provides for an exclusion to this Article or provides for a <br />different amount of Inclusionary Units from that specified by this Article, provided <br />the development agreement was adopted on or before November 28, 2011. <br />(c) Project with Regulatory Agreement. A Residential Project for which a Regulatory <br />Agreement has been approved, provided that the Regulatory Agreement is <br />effective at the time the Residential Project would otherwise be required to comply <br />with the requirements of this Article, and there is no uncured breach of the <br />Regulatory Agreement before issuance of a Certificate of Occupancy for the <br />project. This may include a Residential Project that has obtained a Density Bonus <br />under Article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used <br />to satisfy the inclusionary requirement for another project. <br />Sec. 41-1904. Options to Satisfy Inclusionary Requirements <br />(a) On -site units. The primary means of complying with the inclusionary requirements <br />of this Article shall be the provision of on -site Inclusionary Units in accordance with <br />Section 41 -1901, above. A Developer may only satisfy the requirements of this <br />Article by means of an alternative to on -site Inclusionary Units in accordance with <br />the requirements and procedures of this Section. <br />(b) Off -site units. <br />1. New Units. The Developer may satisfy the Inclusionary Unit requirements <br />for the Project, in whole or in part by constructing the required new <br />inclusionary housing at a different location within the City of Santa Ana <br />borders at the ratio of one square foot of habitable Inclusionary Unit space <br />for each required habitable square foot. While the total habitable square <br />6 <br />11 B -8 <br />
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