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Letter of Support re Item 60A Request for Approval of a Density Bonus Agreement to Allow a 552 Unit Affordable Rental Project at 2110, 2114, and 2020 East First Street August 20, 2019 p. 4 Further, the denial of the Unit violates recently enacted state legislation that codifies the directive imposed by the Fair Housing Act on jurisdictions to affirmatively further fair housing. (Gov. Code §65583 (c) (5).) The City's current Housing Element underscores the need of the City to ensure its legal compliance with the requirement to further fair housing opportunity. In the housing element, the city notes that 58% of its renters pay more than 30% of their income on rent.6 These conditions ...lead to a number of hardships for the households and their families, including insufficient income to afford other necessities, undue burden on families, and accelerated use and wear on housing.' As such, the city has identified a deft in housing for extremely low, very low, and low-income households that the law requires it to address. C. Santa Ana must ensure that it fully implements the programs identified in its Housing Element Under Housing Element law, the City has a duty to ensure that it is implementing each of its programs during the housing element period. (Gov. Code §§ 65881(b); 65583(c) & (h); 65587, 65888.) The failure to implement the programs identified in its Housing Element subjects the City to liability under Housing Element law. Program 28, the Density Bonus Ordinance Update, incorporates state density bonus law and provides that applicants of multiple -family residential and mixed -use projects of five or more units will be entitled to a density bonus of at least 5% are very low income units or at least 10% are lower income units (Santa Ana Housing Element 2013-2021, p. 60, 61.) The density bonus ranges from 20 to 35% according to how much affordable housing is provided above the minimum percentage in state law (Id.). The program also authorizes those eligible projects, such as the proposal of the Unit, may also receive one to three concessions or other development incentives, depending on the proportion of affordable units and level of income that is targeted (Id.). As described in this letter, the City will also violate its duty under state housing element law to fully implement its programs, if it delays this project. Conclusion There is a scarcity of quality affordable housing units in the City. The City's recent Housing Element noted there is a scarcity of affordable housing units in the City: "[H]ousing affordability is a critical issue for many households. The lack of affordable housing can create undesirable situations, including overpayment and overcrowding."8 Five hundred and fifty-two units of affordable housing could lessen the issues of overpayment and overcrowding by increasing the supply of affordable housing for a community in desperate need of it. Further, as set forth in the many staff reports associated with analysis of the Unit, approval of this item supports the City's efforts to meet General Plan Goal Nos. 3; and 5, and Objective No. 3. The City's residents desperately need help with affordable housing and addition to the aged multifamily housing stock in the City, and they need it now. The Council should approve this Unit now. 6 Santa Ana Housing Element (2014-2021), p. 20. Ibid. B Id. at p. 19. 601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714) 541-1010 • Pax (714) 541-5157