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Judson Brown, City of Santa Ana June 28, 2021 <br />Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 4 <br />It is important to note that the modified Ordinance should be structured to ensure that <br />the following standard are met: <br />1. Inclusionary housing requirements cannot be confiscatory or deprive an owner <br />of a fair and reasonable return. Recognizing that the courts have not defined <br />these terms, the City has some discretion in establishing evaluation parameters. <br />2. California Government Code Section 65583 (a) requires assessments of the <br />potential and actual constraints being placed on the development of housing. <br />Within that context, it is important for affordable housing programs to be set up <br />to balance the interests of property owners and developers against the public <br />benefit created by the production of affordable housing units. <br />The following KMA analysis is based on an evaluation of the affordable housing <br />requirements that could be supported from an economic perspective. KMA translated <br />the results of this analysis into order -of -magnitude estimates of the in -lieu fee amounts <br />that could be charged on a financially feasible basis. <br />A °,/' " i"", ( r tm".Atl AIf � I I <br />The KMA analysis is supported by the following Attachments, Appendices and Exhibits - <br />Attachment 1: Rental Residential Development <br />Summary Table <br />Appendix A: Rent Survey <br />Appendix B: Affordability Analyses <br />Exhibit I: Affordable Rent Calculations <br />Exhibit II: In Lieu Fcc Analysis <br />City Council 28 — 9 2XfiaO241 <br />19090 017 D21 <br />