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A. The project does not contain more than 100 residential units. <br />B. The project promotes higher density infill housing. The lead agency may <br />establish its own criteria for determining whether the project promotes higher <br />density infill housing except in either of the following two circumstances: <br />1) A project with a density of at least 20 units per acre is conclusively <br />presumed to promote higher density infill housing. <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 1,500 feet <br />shall be presumed to promote higher density Will housing unless the <br />preponderance of the evidence demonstrates otherwise. <br />5. Meets the following requirements regarding availability of affordable housing: <br />The project would result in housing units being made available to moderate, low, <br />or very 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 <br />in subdivision (A) above, then the project developer has paid or will pay in - <br />lieu 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).The proposed project meets the <br />criteria listed in Section 15195 as the project site is not more than four acres <br />in area, the project does not include any single level building exceeding <br />100,000 square feet, and the project is an infill development within one-half <br />mile of a major transit stop. Moreover, the development promotes higher <br />density infill housing, does not contain more than 100 residential units, and <br />results in for sale housing units made available to low income families. <br />Specifically, the project would exceed the minimum affordable requirements <br />outlined in Section 15195, which states that ten -percent of for sale projects <br />[resolution No. 2024-036 <br />Page 8 of 11 <br />