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REQUEST FOR <br />COUNCIL ANION <br />CITY COUNCIL MEETING DATE: <br />20, 2016 <br />TITLE: <br />PUBLIC HEARING — FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT NO. 2015-03 <br />FOR THE HERITAGE VILLAGE MIXED-USE <br />DEVELOPMENT AT 2001 EAST DYER ROAD — <br />PAMELA SAPETTO, APPLICANT <br />{STRATEGIC PLAN NO. 5, 3) <br />i <br />CITY MANAgrR <br />RECOMMENDED ACTION <br />STAFF RECOMMENDATION <br />CLERK OF COUNCIL USE ONLY: <br />.•^• _01 <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 18' Reading <br />❑ <br />Ordinance on 2nd Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Approve the First Amendment to Development Agreement No. 2015-03. <br />PLANNING COMMISSION RECOMMENDATION <br />Deny the First Amendment to Development Agreement No. 2015-03. At its regular meeting on <br />November 14, 2016, staff recommended that the Planning Commission recommend that the City <br />Council approve the applicant's request to amend the recorded development agreement. <br />However, after receiving public testimony on the proposal, the Planning Commission voted to <br />recommend that the City Council deny the First Amendment to Development Agreement No. <br />2015-03 by a vote of 5:1 (Gartner opposed, Bacerra abstained). Approval of the amendment <br />would have added language to the agreement to allow the payment of the required inclusionary <br />housing funds per each phase of development instead of a single lump sum as required by the <br />Housing Opportunity Ordinance. The Planning Commission made no other changes to the terms <br />of the agreement as outlined in the attached staff report (Exhibit A). <br />DISCUSSION <br />The developer of the Heritage Village mixed-use development is proposing to amend their <br />approved and recorded development agreement to alter the timing of their payment for their <br />inclusionary housing in -lieu fees. Currently, the Santa Ana Municipal Code (SAMC) requires the <br />housing in -lieu fee to be paid at issuance of the first building permit, which would require a <br />payment of approximately $9,700,000 when the first building permit is issued. The applicant is <br />proposing to allow the housing in -lieu fees be paid as permits are issued for each of the three <br />phases of the development. This would result in an initial payment of about $2,700,000 when the <br />first permit is issued, which is tentatively planned for December 2016. The remaining $7,000,000 <br />7513-1 <br />