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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 />"GreURd level-e 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 behyeeR GE)Mmen and <br />private open pane. Private and open mane shall be reg sired to be <br />provided for each unit of o rate of ne less than ninety (90) sq lore feet <br />n <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 />ADOPTED 16th day of April 2012. <br />Mayor <br />Ordinance No. NS-2830 <br />Page 3 of 4