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All Green Pathway projects are subject to the following requirements.

A. Affordable Units.

1. In addition to any other applicable affordable housing mitigation fee or requirement, at least 20 percent of the total units in a proposed multi-unit rental development shall be rented to very low income households whose annual income does not exceed 50 percent of the annual median income for Alameda County adjusted for household size based upon income levels published by the U.S. Department of Housing and Urban Development.

2. Rents for these units shall be set at prices affordable to very low income households, as defined by Section 50053 of the California Health and Safety Code for the life of the project.

3. As an alternative, an applicant may pay an in-lieu fee to the Housing Trust Fund as established by the City Council.

B. Density Bonus. The applicant shall waive, in writing, any rights under State Density Bonus Law, Section 65915 of California Government Code.

C. Local Hire Requirement.

1. The applicant shall sign an agreement that no less than 30 percent of a project’s construction workers will be Berkeley residents.

2. If insufficient Berkeley residents are available to fulfill the 30 percent local hire requirement, then the next tier of residents shall come from the East Bay Green Corridor (which includes the cities of Albany, Alameda, Berkeley, El Cerrito, Emeryville, Hayward, Richmond, Oakland, and San Leandro).

3. If insufficient residents are available from the Green Corridor to fulfill the 30 percent local hire requirement, then residents of Alameda County will be used to fulfill the local hire requirements.

4. An applicant who agrees to require employment of Berkeley residents on another project the applicant is building or has approval to construct in Berkeley may count such employment toward the 30 percent local hire requirement by providing the same documentation the City requires to show compliance with paragraphs 1 and 2 of this subsection.

D. Use Regulations. Uses shall comply with the requirements and limitations of Section 23.204.130 (C-DMU Downtown Mixed-Use District). (Ord. 7787-NS § 2 (Exh. A), 2021)