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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE; <br />NOVEMBER 14, 2016 <br />TITLE: <br />PUBLIC HEARING — FILED BY PAM SAPETTO <br />FOR THE FIRST AMENDMENT TO DEVELOPMENT <br />AGREEMENT NO, 2015-03 FOR THE HERITAGE <br />VILLAGE MIXED-USE DEVELOPMENT AT 2001 <br />EAST DYER ROAD {STRATEGIC PLAN NO. 3,2) <br />Prepared by Vince Fregoso __._ <br />Executive Direotor <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />• <br />Set Public Hearing For <br />DENIED <br />❑ <br />Applicant's Request <br />❑ <br />Staff Recommendation <br />CONTINUED TO <br />Planning Manager <br />RECOMMENDED ACTION <br />Recommend that the Planning Commission recommend that the City Council approve the First <br />Amendment to Development Agreement No. 2015-03. <br />Reauest of Applicant <br />Pam Sapetto, on behalf of Heritage Village OC LLC, is requesting approval of the first amendment to <br />the development agreement for the Heritage Village mixed-use development at 2001 East Dyer <br />Road. Specifically, the applicant is proposing to add language to the agreement to allow the payment <br />of the required inclusionary housing funds per each phase of development instead of a single lump <br />sum as required by the Housing Opportunity Ordinance. <br />Project Description <br />The Housing Element of the General Plan identifies the long range plans for housing throughout the <br />City. The Housing Opportunity Ordinance was established to implement one of the goals of the <br />Housing Element to promote the construction of affordable housing within the City. The applicant is <br />proposing to amend the approved and recorded development agreement and establish the timing of <br />the payment of the required inclusionary housing in -lieu fees for the development. Specifically, the <br />proposal would allow the payment of the in -lieu fees prior to issuing the first building permit for <br />each phase of development instead of payment of the total project in -lieu fee at the issuance of the <br />first building permit. <br />Project Background <br />On November 28, 2011, the City Council adopted the Housing Opportunity Ordinance (HOO). The <br />ordinance requires certain residential projects to provide 15 percent of the total number of units as <br />affordable, whether the project is for sale or rent. The ordinance applies to those developments <br />EXHIBIT A <br />75B-14 <br />