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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />JANUARY 4, 2011 <br />TITLE: <br />DENSITY BONUS APPLICATION NO. 2010-03 <br />AND SITE PLAN REVIEW NO. 2010-02 TO <br />ALLOW A FIVE-UNIT RESIDENTIAL <br />DEVELOPMENT AT 217 AND 219 SOUTH <br />BIRCH STREET - ORANGE HOUSING <br />DEVELOPMENT CORPORATION AND C & C <br />DEVELOPMENT, APPLICANT <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 151 Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Receive and file the staff report approving Density Bonus Application No. 2010-03 and Site <br />Plan Review No. 2010-02 as conditioned. <br />2. Authorize the City Manager and Clerk of the Council to execute the attached Density Bonus <br />agreement with Santa Ana WBBB, L.P., subject to nonsubstantive changes approved by the <br />City Manager and City Attorney for the development of an affordable for sale unit. <br />PLANNING COMMISSION ACTION <br />On December 13, 2010, the Planning Commission adopted a resolution approving deviations from <br />the Specific Development No. 40 (SD-40) zoning district, as allowed by Santa Ana Municipal Code <br />Section 41-1606 and the State of California Government Code Section 65915-65918 as an <br />incentive to affordable housing production; and adopted a resolution approving Site Plan Review <br />No. 2010-02 as conditioned by a vote of 4:2 (Acosta, Walters opposed; Turner absent) to allow a <br />five-unit residential development at 217 and 219 South Birch Street located in the Specific <br />Development No. 40 (SD-40) zoning district. The Planning Commission made no changes to the <br />recommended actions 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 />article, developers wishing to construct projects that meet the requirement for a specified <br />39B-1