19.62.020 Definitions.
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)