Berkeley Municipal Code Ch. 6.40 Public Housing

For the purposes of this chapter certain terms shall be defined as follows:

A. "Public entity" shall mean any unit of local government, any special district or any subdivision of the state of California; "public entity" shall also include a community redevelopment agency or local housing authority.

B. "Develop, construct or acquire" shall mean the planning and work necessary for a new residential development or the purchase of an existing development to be used for residential purposes.

C. "Housing unit" shall mean a residential dwelling designed for human occupation and shall include apartments, townhouses, condominiums and single family detached dwellings.

D. "Private sponsor" shall mean any public or private corporation, association, cooperative, partnership, individual, or combination thereof. (Ord. 5328-NS § 1, 1981; Ord. 4978-NS § 1, 1977)

A. Any public entity, as defined herein, shall be empowered to develop, construct, or acquire public housing for the purpose of renting such housing to low income or moderate income persons in the City of Berkeley, provided such development, construction or acquisition is financed through local, state, federal or private sources, or any combination thereof.

B. Any public entity, as defined herein, shall be empowered to assist in the development, construction or acquisition of cooperatively owned housing for the purpose of cooperative ownership by low income or moderate income persons in the City of Berkeley, provided such assistance is in the form of direct or indirect financial support from local government sources.

C. Any public entity or any private sponsor acting in conjunction with a public entity shall otherwise be empowered to develop, construct or acquire public housing for low income or moderate income persons in the City of Berkeley, whether such housing is for the purpose of rental or cooperative ownership or otherwise, provided such housing is financed in whole or in part by local, state, federal or private sources.

D. In no event shall any development, construction or acquisition of public housing, as defined and authorized herein, exceed three hundred units as authorized by this chapter, plus any remaining units as authorized previously by Ordinance No. 4978-N.S. (Ord. 5328-NS § 2, 1981; Ord. 4978-NS § 2, 1977)

Any public housing development not specifically authorized by this chapter, but otherwise required to be approved by the electorate pursuant to Article 34 of the California Constitution, is hereby approved, provided such public housing development does not exceed the number of units described in subsection 6.40.020D above. (Ord. 5328-NS § 3, 1981; Ord. 4978-NS § 3, 1977)

Any public housing development, whether specifically authorized in Section 6.40.020 or generally authorized in Section 6.40.030, shall not be exempt from any other local, state or federal approval which may be required, notwithstanding the source of financing. (Ord. 5328-NS § 4, 1981; Ord. 4978-NS § 4, 1977)