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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 7, 2010 <br />TITLE: <br />DENSITY BONUS AGREEMENT AND <br />APPLICATION NO. 2010-01 AND TENTATIVE <br />TRACT MAP NO. 2009-01 TO ALLOW A FIVE- <br />UNIT RESIDENTIAL DEVELOPMENT AT 5301 <br />WEST SILVER DRIVE - EDWARD PADILLA, JR., <br />APPLICANT <br />r <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1s` Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />1. Receive and file the staff report approving Density Bonus Application No. 2010-01 and <br />Tentative Tract Map No. 2009-01 (County Map No. 17323) as conditioned. <br />2. Authorize the City Manager and Clerk of the Council to execute the attached Density Bonus <br />agreement with Integrity Builders & Associates, Inc., subject to nonsubstantive changes <br />approved by the City Manager and City Attorney for the development of an affordable for sale <br />unit. <br />PLANNING COMMISSION ACTION <br />On August 9, 2010, the Planning Commission adopted a resolution approving deviations from the <br />Two-Family Residence (R2) development standards contained in Section 41-246 et seq. of the <br />Santa Ana Municipal Code (SAMC) as allowed by SAMC 41-1608 and the State of California <br />Government Code Section 65915-65918 as an incentive to affordable housing production; and <br />adopted a resolution approving Tentative Tract Map No. 2009-01 (County Map No. 17323) as <br />conditioned by a vote of 4:1 (Acosta opposed; Betancourt and Gartner absent) to allow a five-unit <br />residential development at 5301 West Silver Drive located in the Two Family Residential (R2) zoning <br />district. Planning Commission made no changes to the recommended conditions of approval <br />outlined in the attached staff report (Exhibit A). <br />DISCUSSION <br />Density Bonus Agreement <br />The State density bonus law was created to encourage the production of quality affordable <br />housing by allowing cities to approve qualified projects that would have units, or densities, in <br />excess of cities' statutory density caps established under General Plans and zoning. Under this <br />32A-1