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Judson Brown, City of Santa Ana <br />June 28, 2021 <br />Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis <br />Supportable In -Lieu Fees <br />Ownership Housing Development <br />In -Lieu Fee <br />Per Affordable Unit <br />Per Total Unit in the Project <br />Per Sq. FL. of Saleable Area <br />"I ilr, "V f "1( <br />101/o Moderate <br />Income Units <br />$215,000 <br />$21,500 <br />$13.00 <br />Page 15 <br />It is important to set the in -lieu fee amounts at defensible amounts for the following <br />reasons: <br />1. The courts have ruled that inclusionary housing requirements cannot be <br />confiscatory or deprive an owner of a fair and reasonable return; <br />2. California Government Code Section 6SS83 (a) prohibits jurisdictions from <br />imposing requirements that constrain the development of housing; and <br />3. To maximize the production of housing, affordable housing programs should be <br />set up to balance the interests of property owners and developers against the <br />public benefit created by the production of affordable housing units. <br />Based on the results of the KMA financial analysis, the supportable in lieu fees are <br />estimated as follows: <br />Supportable In -Lieu Fee: Housing Opportunity Ordinance Update <br />Rental Residential Development $17.10 to $17.80/Sq. Ft. of Leasable Area <br />Ownership Housing Development $13.00/Sq. Ft. of Saleable Area <br />City Council 28 — 20 217J ia!Q2'li <br />19090 017 D21 <br />