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C. Reduction in Open Space Requirement. The open space provision within SD-43 requires that each residential development provide usable ground level open space at a rate of 250 square feet per unit. Such usable open space shall be divided between common and private open space. Private open space shall be required to be provided for each unit at a rate of no less than 90 square feet of the total open space provided. Ground level open space or common open space must be provided within 500 feet of any residential unit on the site. The applicant estimates that the project provides for 255 square feet of open space per unit, however this calculation includes rooftop open space that cannot be counted as ground level open space. Thus, SD-43 shall be amended to not distinguish between ground level and rooftop open space. Specifically, Section V.E. (Development Standards/Residential Permitted Density; Usable Open Space) shall be amended to read as follows: "GFOURd Open space must be provided within 500 feet of any residential unit on the site at a rate of 250 square feet of area for each unit. privaten spans Privateand open sparse shall be required to be provided for eanh unit at a rate of ne lees than ninety (90) sq aFe feet of the total open 6paGe " Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2012. Miguel A. Pulido Mayor 11 A-3