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Resolution No. 2025-29
<br />Page 5 of 11
<br />1. Meet the threshold criteria set forth in section 15192; provided that with respect to the
<br />requirement in section15192(b) regarding community-level environmental review,
<br />such review must be certified or adopted within five years of the date that the lead
<br />agency deems the application for the project to be complete pursuant to Section
<br />65943 of the Government Code.
<br />2. Meet both of the following size criteria:
<br />A. The site of the project is not more than four acres in total area.
<br />B. The project does not include any single level building that exceeds 100,000
<br />square feet.
<br />3. Meet both of the following requirements regarding location:
<br />A. The project is a residential project on an infill site.
<br />B. The project is within one-half mile of a major transit stop.
<br />4. Meet both of the following requirements regarding number of units:
<br />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
<br />1,500 feet shall be presumed to promote higher density infill housing
<br />unless the preponderance of the evidence demonstrates otherwise.
<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 with at least 20 units per acre, does not contain
<br />more than 100 residential units, and will provide two moderate income inclusionary
<br />housing units to fulfill the inclusionary housing obligation pursuant to SAMC Sec. 41-1904.
<br />Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-15, will
<br />be filed for this 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, 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
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