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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 /> 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 /> Resolution No. 2025-020 <br /> Page 3of5 <br />