11B - 2ND READ ORD - HOUSING OPPORTUNITY ORD - HOO

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LS 8.25.15 footage area of the required new Inclusionary Units must be the same as the sum -total of the number of habitable square feet for the Project as directed by this ordinance, the number of units and bedrooms associated with the off- site units may be approved by the review authority of the City of Santa Ana, consistent with the type of affordable housing needed at the time of Project review. 2. Rehabilitated Units Outside a Designated Target Area_ The Developer may satisfy the Inclusionary Unit requirements for the Project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the City of Santa Ana at a rate of 1 % habitable square feet per each required habitable square foot of Inclusionary Units 3. Rehabilitated Units Within a Designated Target Area. Upon application, the Developer may satisfy the Inclusionary Unit requirements for the Project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the City of Santa Ana at a rate of 1 habitable square foot per each required habitable square foot of affordable Inclusionary Units. (c) In -lieu fee. (1) Twenty (20) or fewer units. In the case of a Residential Project containing between five (5) and twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. (2) Calculation of fee. The amount of the fee allowed by this Section shall be fifteen dollars per square foot ($15.00/ft.2) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (3) Timing of payment. The Developer shall pay any in -lieu fees allowed by this Section in full before issuance of the first Building Permit for any portion of the Residential Project, including any non - residential portions of a mixed -use development. The Developer may provide input regarding what project the in lieu fees should be applied towards, but such input shall not be dispositive. The in lieu fees collected by the City are City funds over which the City has complete and absolute discretion. (4) Inclusionary Housing Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Fund. 7 11 B -9