Berkeley Municipal Code Ch. 19.62 Priority Permit Processing for Housing for Low and Moderate Income Persons

The City Council finds and determines as follows:

A. That the creation of low and moderate income housing is a goal of the City of Berkeley, as reflected in the 1985 Housing Element and other documents;

B. That creation of low and moderate income housing can be facilitated by the waiving of fees for City permits and by processing applications for such permits on a priority basis;

C. That the City has in the past waived such fees when appropriate. (Ord. 7573-NS § 1 (part), 2017; Ord. 5892-NS § 1, 1988)

A. "Housing project" means:

1. The creation of housing units, by new construction or other means, in a proposal considered by the Board of Adjustments under a single use permit or a group of use permits considered together; or

2. The rehabilitation of existing housing units, in one or more structures which are on one parcel or contiguous parcels; or

3. The rehabilitation of existing housing units, not necessarily on one or contiguous parcels, subject to a single loan agreement or regulatory agreement with the City of Berkeley, state of California, or United States government.

B. "Low income household" means a household with income not in excess of eighty percent of the median income in the Oakland Primary Metropolitan Statistical Area as determined by HUD or its successor agency.

C. "Low income housing" means any housing wherein:

1. Its cost is affordable to a low income household, under standards promulgated by the United States Department of Housing and Urban Development (HUD) or its successor agency; and

2. The City has set forth requirements that the housing shall be occupied by low income households (as defined above) and affordable to low income households (as defined above). These requirements shall be set forth in any of the following:

(a) A regulatory agreement; or

(b) A loan agreement; or

(c) A use permit which requires that a regulatory agreement be entered into.

D. "Moderate income household" means a household with income not in excess of one hundred twenty percent of the median income in the Oakland Primary Metropolitan Statistical Area as determined by HUD or its successor agency.

E. "Moderate income housing" means any housing wherein:

1. Its cost is affordable to a moderate income household, under standards promulgated by the United States Department of Housing and Urban Development (HUD) or its successor agency; and

2. The City has set forth requirements that the housing shall be occupied by moderate income households (as defined above) and affordable to moderate income households (as defined above). These requirements shall be set forth in any of the following:

(a) A regulatory agreement; or

(b) A loan agreement; or

(c) A use permit which requires that a regulatory agreement be entered into.

F. "Permit" means any permit required by the City of Berkeley in connection with residential construction and any associated demolition, including but not limited to demolition permits, zoning permits, building, plumbing, and electrical permits.

G. "Permit fees" means any fee charged by the City of Berkeley for any permit in connection with residential construction and any associated demolition. (Ord. 7573-NS § 1 (part), 2017; Ord. 5892-NS § 2, 1988)

A. Notwithstanding any contrary provision of any other Chapter, the City Manager is hereby granted the authority to waive the payment, or defer the payment until a later date, of any permit fees, except for new connection sewer fees, for any housing project in which at least twenty-five percent of its units are low and/or moderate income housing as defined above.

B. The City Manager is hereby granted the authority to expedite or prioritize the processing for any permit of any housing project in which at least twenty-five percent of its units are low and/or moderate income housing as defined above. (Ord. 7573-NS § 1 (part), 2017; Ord. 5892-NS § 3, 1988)

A. The City Manager shall notify the City Council of any request for fee waiver, deferment or priority permit processing, and of the Manager’s response to that request.

B. The City Council may review the City Manager’s action on any such request, and may, for any project for which the City Manager is authorized in this chapter to grant a fee waiver, deferment or priority permit processing, instruct the City Manager to grant, wholly or in part, or deny such request. (Ord. 7573-NS § 1 (part), 2017; Ord. 5892-NS § 4, 1988)

Projects receiving funds from Berkeley’s Affordable Housing Trust Fund shall receive automatic expedited and prioritized processing for all permits, inspections and other City of Berkeley administrative processes, and are exempt from the requirements of BMC § 19.62.040. (Ord. 7573-NS § 1 (part), 2017)