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<br />
<br />Resolution No. 2022-29
<br />Page 6 of 12
<br />2) A project with a density of at least 10 units per acre and a density
<br />greater than the average density of the residential properties within
<br />1,500 feet shall be presumed to promote higher density infill housing
<br />unless the preponderance of the evidence demonstrates otherwise.
<br />5. Meets the following requirements regarding availability of affordable housing: The
<br />project would result in housing units being made available to moderate, low, or very
<br />low income families as set forth in either A or B below:
<br />A. The project meets one of the following criteria, and the project developer
<br />provides sufficient legal commitments to the appropriate local agency to
<br />ensure the continued availability and use of the housing units as set forth
<br />below at monthly housing costs determined pursuant to paragraph (3) of
<br />subdivision (h) of Section 65589.5 of the Government Code.
<br />1) At least 10-percent of the housing is sold to families of moderate
<br />income, or
<br />2) Not less than 10-percent of the housing is rented to families of low
<br />income, or
<br />3) Not less than 5-percent of the housing is rented families of very low
<br />income.
<br />B. If the project does not result in housing units being available as set forth in
<br />subdivision (A) above, then the project developer has paid or will pay in-lieu
<br />fees pursuant to a local ordinance in an amount sufficient to result in the
<br />development of an equivalent number of units that would otherwise be
<br />required pursuant to subparagraph (A).
<br />The project site is not more than four acres in area, the project does not include any
<br />single level building exceeding 100,000 square feet, and the project is an infill
<br />development within one-half mile of a major transit stop. Moreover, the development
<br />promotes higher density infill housing, does not contain more than 100 residential units,
<br />and results in housing units made available to low income families. Based on this
<br />analysis, a Notice of Exemption, Environmental Review No. 2022-08 will be filed for this
<br />project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
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