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<br /> <br /> <br /> <br /> <br /> <br /> C. Reduction in Open Space Requirement. The open space provision within <br /> SD-43 requires that each residential development provide usable ground <br /> level open space at a rate of 250 square feet per unit. Such usable open <br /> space shall be divided between common and private open space. Private <br /> open space shall be required to be provided for each unit at a rate of no less <br /> than 90 square feet of the total open space provided. Ground level open <br /> space or common open space must be provided within 500 feet of any <br /> residential unit on the site. The applicant estimates that the project provides <br /> for 255 square feet of open space per unit, however this calculation includes <br /> rooftop open space that cannot be counted as ground level open space. <br /> Thus SD-43 shall be amended to not distinguish between ground level and <br /> rooftop open space. <br /> Specifically, Section V.E. (Development Standards/Residential Permitted <br /> Density; Usable Open Space) shall be amended to read as follows: <br /> <br /> "Ground lev Open space must be provided within 500 feet of any <br /> residential unit on the site at a rate of 250 square feet of area for each <br /> unit. SUGh usable open spaGe shall be divided betNeen GOMmon and <br /> nri~ ippen cnano DriYate and open Ceshall G required to be <br /> provided f"r eaGh „nit at a rate of no loss than ninety (90) square foot <br /> of the total open spaGe required." <br /> <br /> Section 3. If any section, subsection, sentence, clause, phrase or portion of this <br /> ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br /> court of competent jurisdiction, such decision shall not affect the validity of the remaining <br /> portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br /> it would have adopted this ordinance and each section, subsection, sentence, clause, <br /> phrase or portion thereof irrespective of the fact that any one or more sections, <br /> subsections, sentences, clauses, phrases, or portions be declared invalid or <br /> unconstitutional. <br /> <br /> <br /> <br /> ADOPTED this day of 12012. <br /> <br /> <br /> <br /> <br /> <br /> Miguel A. Pulido <br /> Mayor <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 75A-119 <br />