SEC. 413.4. IMPOSITION OF HOUSING REQUIREMENT.

   (a)   Determination of Requirements. The Department shall determine the applicability of Section 413.1 et seq. to any development project requiring a first construction document, and if Section 413.1 et seq. is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of housing which will be caused by the employment facilitated by the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

   (b)   Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 413.1 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 413.1 et seq., the sponsor shall elect one of the options listed below to fulfill any requirements imposed as a condition of approval and notify the Department of their choice of the following:

      (1)   Contribute land of value at least equivalent to the in-lieu fee, according to the formulas set forth in Section 413.1 et seq., to MOHCD pursuant to Section 413.6; or

      (2)   Pay an in-lieu fee to the Development Fee Collection Unit at DBI according to the formula set forth in Section 413.5; or

      (3)   Combine the above options pursuant to Section 413.7.

   (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 413.1 et seq. that has elected to fulfill all or part of the requirements 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 413.1 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 413.1 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.

(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. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Divisions (c)-(c)(3) amended; Ord. 251-19, Eff. 12/16/2019.