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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) AFFORDABLE HOUSING <br /> <br />shall remain eligible under this subparagraph until the departmen <br />for the next reporting period. A locality shall be subject to this subparagraph if it <br />has not submitted an annual housing element report to the department pursuant to <br />paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive <br />years before the development submitted an application for approval under this <br />section. <br /> <br />(B) The development is subject to a requirement mandating a <br />minimum percentage of below market rate housing based on one of the following: <br /> <br />(1) The locality did not submit its latest production report to <br />the department by the time period required by Government Code section <br />65400, or that production report reflects that there were fewer units of <br />above moderate-income housing approved than were required for the <br />regional housing needs assessment cycle for that reporting period. In <br />addition, if the project contains more than 10 units of housing, the project <br />seeking approval dedicates a minimum of 10 percent of the total number <br />of units to housing affordable to households making below 80 percent of <br />the area median income. If the locality has adopted a local ordinance that <br />requires that greater than 10 percent of the units be dedicated to housing <br />affordable to households making below 80 percent of the area median <br />income, that zoning ordinance applies. <br /> <br />(2) The locality did not submit its latest production report to <br />the department by the time period required by Government Code Section <br />65400, or that production report reflects that there were fewer units of <br />housing affordable to households making below 80 percent of the area <br />median income that were issued building permits than were required for <br />the regional housing needs assessment cycle for that reporting period, and <br />the project seeking approval dedicates 50 percent of the total number of <br />units to housing affordable to households making below 80 percent of the <br />area median income, unless the locality has adopted a local ordinance that <br />requires that greater than 50 percent of the units be dedicated to housing <br />affordable to households making below 80 percent of the area median <br />income, in which case that ordinance applies. <br /> <br />(3) The locality did not submit its latest production report to <br />the department by the time period required by Government Code Section <br />65400, or if the production report reflects that there were fewer units of <br />housing affordable to any income level described in clause (i) or (ii) that <br />were issued building permits than were required for the regional housing <br />needs assessment cycle for that reporting period, the project seeking <br />approval may choose between utilizing clause (i) or (ii). <br /> <br />(v) The development, excluding any additional density or any other <br />concessions, incentives, or waivers of development standards granted pursuant to the <br /> <br />2019 City of Santa Ana Local Guidelines 9-2 ©Best Best & Krieger LLP <br /> <br />