SEC. 416.4. IMPOSITION OF AFFORDABLE HOUSING FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 416.1 et seq. to any development project requiring a first construction document and, if Section 416.1 et seq. 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) Department Notice to Development Fee Collection Unit of Fee Requirements. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Section 416.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable housing fee amount in addition to the other information required by Section 402(b) of this Article.

(c) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 416.1 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 and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010)