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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) AFFORDABLE HOUSING <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 9-2 ©Best Best & Krieger LLP <br />(iii) If the development contains units that are subsidized, the development <br />proponent already has recorded, or is required by law to record, a land use restriction or <br />covenant providing that any lower or moderate income housing units required pursuant to <br />subparagraph B of Paragraph (iv) of this Subsection shall remain available at affordable <br />housing costs or rent to persons and families of lower or moderate income for the following <br />applicable minimum durations: <br /> <br />(A) Fifty-five years for units that are rented. <br /> <br />(B) Forty-five years for units that are owned. <br /> <br />(iv) The development satisfies subparagraphs (A) and (B) below: <br /> <br />(A) The development is located in a locality that the department has <br />determined is subject to this subparagraph on the basis that the number of units that <br />have been issued building permits, as shown on the most recent production report <br />received by the department, is less than the locality’s share of the regional housing <br />needs, by income category, for that reporting period. A locality shall remain eligible <br />under this subparagraph until the department’s determination for the next reporting <br />period. A locality shall be subject to this subparagraph if it has not submitted an <br />annual housing element report to the department pursuant to paragraph (2) of <br />subdivision (a) of Section 65400 for at least two consecutive years before the <br />development submitted an application for approval under this section. <br /> <br />(B) The development is subject to a requirement mandating a minimum <br />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 the <br />department by the time period required by Government Code section 65400, <br />or that production report reflects that there were fewer units of above <br />moderate-income housing approved than were required for the regional <br />housing needs assessment cycle for that reporting period. In addition, if the <br />project contains more than 10 units of housing, the project does either of the <br />following: <br /> <br />A. The project dedicates a minimum of 10 percent of the total <br />number of units, before calculating any density bonus, to housing affordable <br />to households making at or below 80 percent of the area median income. <br />However, if the locality has adopted a local ordinance that requires that <br />greater than 10 percent of the units be dedicated to housing affordable to <br />households making below 80 percent of the area median income, that local <br />ordinance applies. <br /> <br />B. If the project is located within the San Francisco Bay area, <br />the project, in lieu of complying with subclause (A), dedicates 20 percent <br />of the total number of units, before calculating any density bonus, to