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<br />Ordinance No. NS-XXX <br />Page 7 of 16 <br /> <br /> <br /> <br /> The following are exempt from the requirements of this article: <br /> <br /> (a) Applications deemed complete. Applications that include a residential <br />project for which a development application has been deemed complete prior to <br />November 28, 2011. <br /> <br /> (ab) Development agreements. A residential project that is the subject of a <br />development agreement under applicable provisions of the California Government Code <br />that expressly provides for an exclusion to this article or provides for a different amount <br />of, provides for a different amount of inclusionary units, or provides for a different <br />specified method for determining the in- lieu fee provisions of this ordinance, such as <br />the timing of payment or the point in time for determining the applicable in- lieu fee <br />amount, to satisfy the inclusionary units from that specified by this article, provided the <br />development agreement was adopted on or before November 28, 2011. <br /> <br /> (bc) Project with regulatory agreement. A residential project for which a <br />regulatory agreement has been approved, provided that the regulatory agreement is <br />effective at the time the residential project would otherwise be required to comply with <br />the requirements of this article, and there is no uncured breach of the regulatory <br />agreement before issuance of a certificate of occupancy for the project. This may <br />include a residential project that has obtained a density bonus under article XVI.I of the <br />Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary <br />requirement for another project. <br /> <br /> (cd) Adaptive Reuse. Adaptive reuse development projects pursuant to <br />Chapter 41, Article XVI.II - Adaptive Reuse. <br /> <br />Section 8. Section 41-1904 of Chapter 41 of the Santa Ana Municipal Code is <br />hereby amended to read in its entirety as follows: <br /> <br /> Sec. 41-1904. - Options to satisfy inclusionary requirements. <br /> <br /> (a) On-site units. The primary means of complying with the inclusionary <br />requirements of this article shall be the provision of on-site inclusionary units in <br />accordance with section 41-19011902 above. A developer may only satisfy the <br />requirements of this article by means of an alternative to on-site inclusionary units in <br />accordance with the requirements and procedures of this section. <br /> <br /> (b) Off-site units. <br /> <br /> 1. New units. The developer may satisfy the inclusionary unit <br />requirements for the project, in whole or in part by constructing the required new <br />inclusionary housing at a different location within the city borders at the ratio of one <br />square foot of habitable inclusionary unit space for each required habitable square foot. <br />While the total habitable square footage area of the required new inclusionary units