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The following are exempt from the requirements of this chapter:

A. Project With Discretionary Approvals. A residential or mixed-use project that has obtained:

1. Discretionary approval in compliance with this title before the effective date of this chapter; and

2. A building permit in compliance with the discretionary approval within 12 months of the effective date of this chapter; and

3. A certificate of occupancy in compliance with the same discretionary approval.

B. Project Exempted by State Law. A residential or mixed-use project that is exempt from this chapter by state law.

C. Project Governed by Development Agreement. A project for which the city has entered into a previous development agreement (which has not expired prior to the effective date of this chapter).

D. Small Housing Project. Notwithstanding the inclusionary requirements set forth in this chapter, a private developer of a private housing development of three residential units or less shall not be subject to the requirements of this chapter.

E. Reconstruction Project. The reconstruction of a structure that has been destroyed by fire, flood, earthquake, or other act of nature; provided, that reconstruction does not increase the number of residential units. (Ord. 720 § 9 (Att. 2), 2022).