Code Section: 313.4

Subject: OAHPP, City as "developer"

Effective Date: 3/12/93

Interpretation:

   This Section requires the developer of an office building to build housing or pay an in-lieu fee to a housing development fund. Normally, such obligation is passed on to any party that purchases the building before the obligation has been fulfilled. In the case where the City purchased a building with such unfulfilled obligation, the City Attorney ruled that the City is exempt from the OAHPP requirement as a sovereign entity in regard to its own police powers. The Board of Supervisors has demonstrated it knows how to make the City subject to the Planning Code by specifically stating such in regard to various provisions. In the case of the OAHPP provisions, the Board did not so state, thus indicating an intent to exempt the City from this provision.