Affordable Housing Mitigation Fee

On June 28, 2011, Berkeley’s City Council adopted an ordinance which enables the establishment of an affordable housing mitigation fee. Fees will be charged on new rental housing. Fees paid will go into the City’s Housing Trust Fund for affordable housing. Ordinance 7,192 specifies how the fee will be calculated and used. On October 16, 2012, the City Council adopted Resolution 65,920-NS setting the fee at $28,000 and establishing criteria for applying the fee.

To access Ordinance 7,192, click the link below:

On February 19, 2013, City Council adopted Resolution 66,015  which reduced the fee for projects meeting certain benchmarks within the first two years of the program.

If you are interested in the background of the fee, the staff report and presentation about the fee and ordinance for the May 31, 2011 City Council work session are available here:

On October 7, 2014, Council adopted Resolution No. 66,809–N.S. amending Resolution No. 66,015-N.S. to extend the affordable housing mitigation fee discount of $8,000 for six months to April 16, 2015, requiring projects receiving the discount to obtain needed approval of the Zoning Adjustments Board by April 16, 2017. At the same time, Council directed staff to work with the Planning Commission and the Housing Advisory Commission to complete the new nexus study for possible revisions to the fee.

The fee is based on a nexus study completed for the City, which was presented to the City Council on January 25, 2011. The staff and consultant reports are available online here: