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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
<br /> 1,500 feet shall be presumed to promote higher density infill housing
<br /> unless the preponderance of the evidence demonstrates otherwise.
<br /> 4. Meets the following requirements regarding availability of affordable housing: The
<br /> project would result in housing units being made available to moderate, low, or
<br /> 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 in
<br /> 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
<br /> the 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. 2024-32 will be filed for this
<br /> project. However, all applicable mitigation measures in the original EIR and associated
<br /> MMRP will be enforced.
<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 /> Resolution No. 2026-013
<br /> Page 3 of 87
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