SEC. 419.4. IMPOSITION OF UMU AFFORDABLE HOUSING REQUIREMENTS.

(a) The Department shall determine the applicability of Section 419.1 et seq. to any development project requiring a first construction document and, if Section 419.1 et seq. is applicable, the additional affordable housing required pursuant to Section 419.1 et seq. and shall impose these requirements as condition on the approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the additional affordable housing required pursuant to Section 419.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Sponsor’s Choice to Fulfill Requirements. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 419.1 et seq. , the sponsor of the development project shall select one of the options described in Section 419.3 above or the Alternatives described in Section 419.5 below to fulfill the affordable housing requirements and notify the Department of their choice.

(d) Department Notice to Development Fee Collection Unit of Sponsor Choice. After the sponsor has notified the Department of their choice to fulfill the additional affordable housing requirements of Section 419.1 et seq. , the

Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

(e) The 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 419.1 et seq. that has elected to fulfill its requirement with an option other than payment of an in-lieu fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 419.1 et seq.

(f) 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 419.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, 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. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY Division (c) amended; Ord. 210-21, Eff. 12/20/2021.