§ 17.42.020. Applicability and Exempt Projects

The requirements of this Chapter shall apply to all new residential projects, all subdivisions maps approved after the date of this Ordinance, and all single room occupancy projects, except as noted in Subsection B. The requirements of this Chapter shall apply to all developers and their agents, successors-in-interest, and assigns proposing a residential project. All inclusionary units required by this Chapter shall be sold or rented in compliance with this Chapter and the City's regulations for the implementation of this Chapter (see Subsection A).

A.

Additional regulations. The Council shall by resolution establish regulations for the implementation of this Chapter. (These regulations were first adopted by the Council on September 10, 2001 and are entitled "City of Pasadena Inclusionary Housing Regulations.") All references to "Director" in said regulations shall mean the City Manager or the Assistant City Manager.

B.

Exempt projects. The following are exempt from the requirements of this Chapter.

1.

Project with discretionary approvals. A residential project that has obtained:

a.

Discretionary approval (e.g., a Conditional Use Permit, Variance, or Design Review approval) in compliance with this Zoning Code before the effective date of this Chapter; and

b.

A Building Permit in compliance with the discretionary approval within 12 months of the effective date of this Chapter; and

c.

A Certificate of Occupancy in compliance with the same discretionary approval.

2.

Exempt by State law. A residential project that is exempt from this Chapter by State law, including a project for which the City enters into a development agreement.

3.

Project with Redevelopment Agreement. A residential project for which the Community Development Commission has executed a Redevelopment Agreement, provided that the Redevelopment Agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this Chapter, and there is no uncured breach of the Redevelopment Agreement before issuance of a Certificate of Occupancy for the project.

(Ord. 7028 § 1, 2006; Ord. 7020 § 1, 2005)