SEC. 415.4. IMPOSITION OF REQUIREMENTS.

(a) Determination of Requirements. The Department shall determine the applicability of Section 415.1 et seq. to any development project requiring a first construction document and, if Section 415.1 is applicable, shall impose any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Notice to Development Fee Collection Unit of Requirements. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Section 415.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI in addition to the other information required by Section 402(b) of this Article.

(c) Payment of Affordable Housing Fee or Project Sponsor’s Selection of Alternative. Prior to issuance of first construction document for a development project subject to the requirements of Section 415.1 et seq. , the sponsor of the development project shall pay the Affordable Housing Fee set forth in Section 415.5 or shall select one of the options listed in Section 415.5(f).

(d) Department Notice to Development Fee Collection Unit of Sponsor's Choice. After the sponsor has filled out a Declaration of Intent and, if necessary, an Affidavit of Eligibility for an Alternative to the Affordable Housing Fee indicating how it will fulfill the affordable housing requirements of Section 415.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

(e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first Certificate of Occupancy for any development project subject to Section 415.1 et seq. that has elected to fulfill all or part of its requirement with an option other than payment of the Affordable Housing Fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny and all Certificates of Occupancy until the subject project is brought into compliance with the requirements of Section 415.1 et seq .

(f) Process for Revisions of Determination of Program Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 415.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(g) The Planning Department shall note the existence of any units provided under Section 415.6 in a Housing Development Project on a publicly-accessible website.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY Division (c) amended; Ord. 26-18, Eff. 3/26/2018. Division (g) added; Ord. 3-26, Eff. 2/8/2026.