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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 ensure
<br />the continued availability and use of the housing units as set forth below at
<br />monthly housing costs determined pursuant to paragraph (3) of subdivision (h)
<br />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 required
<br />pursuant to subparagraph (A).
<br />The project site is not more than four acres in area, the project does not include any single
<br />level building exceeding 100,000 square feet, and the project is an infill development
<br />within one-half mile of a major transit stop. Moreover, the development promotes higher
<br />density infill housing, does not contain more than 100 residential units, and results in
<br />housing units made available to moderate income families. Based on this analysis, a
<br />Notice of Exemption, Environmental Review No. 2024-80, will be filed for this project.
<br />However, all applicable mitigation measures in the original EIR and associated MMRP
<br />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, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />Resolution No. 2025-XX
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