Typical Process for Developer Compliance

For more information, contact Project Coordinator, at 510-596-4350.

  • In the early stage of the development process, developers will typically meet with the Planning and Building Department to discuss a potential residential project. At that time, the developer will be informed of whether the proposed project triggers the Affordable Housing Program (AHP) Ordinance.
  • The developer is encouraged to contact the project manager in the Economic and Development Housing Department (EDH) responsible for the implementation of the AHP Ordinance to discuss program requirements.
  • The proposed residential project is processed for planning entitlements through the Planning Division. After the project is granted its Conditions of Approval from the Planning Commission, the developer has paid all the required fees, and the project is approved by the City Council, the Affordability Agreement preparation process will commence.
  • An Affordability Agreement contains the specific covenants with respect to the inclusion of below market rate (BMR) units within a specific project. The agreement is entered into between the city and the developer / owner of the project. The Affordability Agreement must be approved by the City Council and fully executed prior to the developer being allowed to pull building permits.
  • The EDH project manager will contact the developer after project approvals to begin Affordability Agreement discussions and preparation of a draft agreement. This phase typically takes two to four months from initial discussions through the City Council approval of the Affordability Agreement.
  • Project building permits may be pulled after approval and execution of the Affordability Agreement, and the project construction must commence.
  • Approximately 5 months prior to the completion of construction, the developer is required to submit for the city's review and approval the BMR Unit Marketing and Sales Plan (for ownership projects) and BMR Unit Marketing and Leasing Plan (for rental projects).
  • The AHP Program project manager is required to inspect and sign off on the temporary and final Certificate of Occupancy for the project with respect to the BMR units.
  • City housing staff are involved in monitoring the developer's successful completion of the marketing and sales or lease of the BMR units.