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(a) Prior to submittal to the Planning Department of an environmental evaluation application under San Francisco Administrative Code Chapter 31 and CEQA, the office, board, department, commission or other unit of government of the City and County proposing a project (the "Project Sponsor") shall seek and procure a Board of Supervisors determination that the plan for undertaking and implementing the project is fiscally feasible and responsible, as set forth in this Chapter 29. The Board shall consider the fiscal feasibility of the project, using the following criteria when it evaluates a project's fiscal feasibility: (1) direct and indirect financial benefits of the project to the City, including to the extent applicable costs savings or new revenues, including tax revenues, generated by the proposed project; (2) the cost of construction; (3) available funding for the project; (4) the long term operating and maintenance costs of the project; and (5) debt load to be carried by the City department or agency. The Board may consider other criteria that may be useful in evaluating a project's fiscal feasibility.
(b) A determination by the Board that the plan for implementing and undertaking the project is fiscally feasible and responsible shall not include a determination as to whether the Project Sponsor or other unit of the government of the City and County should approve the project and it is the intent of the Board of Supervisors in requiring the determination to decide only whether the proposed project merits further evaluation and environmental review.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004)
The Project Sponsor shall submit to the Board of Supervisors the following documents and information concerning the proposed project:
(1) A proposed resolution for consideration and adoption by the Board of Supervisors finding the plan to undertake and implement the proposed project fiscally feasible. The Mayor, Director of a Project Sponsor department, or an individual Supervisor may introduce the resolution at the Board of Supervisors.
(2) The Project Sponsor shall provide information about the proposed project, including but not limited to, a general description of the project, the general purpose of the project, and a fiscal plan describing the estimated cost and all known and potential available funding sources for the project. If environmental review already has commenced for a proposed project on July 1, 2005, the applicant for environmental review shall also identify costs it has incurred for environmental review of the project so far, as well as any other costs it has incurred to date.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005)
(a) The Board of Supervisors, in accordance with its rules of order, shall refer the proposed resolution and information to the Board committee responsible for review of fiscal measures, such as appropriation ordinances, bond issues, taxes, fees and other revenue measures.
(b) In evaluating the fiscal feasibility of the proposed project, the Board may request assistance from the Budget Analyst or the Controller. The Project Sponsor may submit additional information to the Board. Based upon the criteria set forth in Section 29.2, the Board shall determine whether the project is fiscally feasible and responsible. The Board shall act by resolution by a majority vote of all its members.
(c) The Board shall act as expeditiously as possible, and shall hold a public hearing regarding the fiscal feasibility of a proposed project within ninety (90) days following introduction of the resolution at the Board of Supervisors. The Board may continue its consideration of the proposal in order to receive more information from the Budget Analyst or the Controller or to further consider the proposal. Failure of the Board to hold a public hearing within such 90 day period shall not be deemed to constitute a determination that the project is fiscally feasible and responsible.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004)
(a) In the event the Board of Supervisors determines that the proposed project is fiscally feasible and responsible, the Project Sponsor may file an environmental evaluation application with the Planning Department and may undertake environmental review of the proposed project as required by CEQA and Administrative Code Chapter 31.
(b) In the event the Board of Supervisors determines that the proposed project is not fiscally feasible, the Project Sponsor shall not undertake environmental review of the proposed project and the Planning Department shall not commence environmental review of the proposed project, including the necessary scoping, technical studies, and preparation of environmental documents.
(c) An environmental evaluation application for a project subject to this Chapter 229 shall not be deemed complete, and the Planning Department shall not undertake environmental review of a project, unless a copy of the Board of Supervisors Resolution finding the proposed project fiscally feasible and responsible is submitted to the Planning Department.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004)
The Project Sponsor may revise or modify the proposed project and may submit it again to the Board of Supervisors for consideration pursuant to this Chapter 29 no earlier than three (3) months following a determination by this Board that the proposed project is not fiscally feasible and responsible.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004)
(a) This Chapter 29 shall apply to any proposed project that has not completed environmental review pursuant to the California Environmental Quality Act as of January 27, 2004. In the event environmental review has commenced for a proposed project, the Planning Department shall not suspend its environmental review of the project, provided that the Project Sponsor submits to the Board of Supervisors, within thirty (30) days of the effective date of this amended ordinance No. 172-05, the materials required by Section 29.3 for a determination of fiscal feasibility. If a Project Sponsor does not submit the required information within the 30-day period, the Planning department shall suspend its environmental review of the project until such materials are submitted to the Board of Supervisors. Notwithstanding any other provision in this subsection 29.7, Chapter 29 shall not apply to any project that includes affordable housing funded in whole or in part through the Mayor's Office of Housing ("MOH"), where the environmental evaluation application for such project was filed prior to January 27, 2004 and where some or all of the MOH funds have been advanced to the project prior to the Effective Date of this Chapter 29.
(b) No City department or agency shall take any action to extend an existing exclusive negotiating agreement or similar agreement that has been entered into prior to the effective date of this ordinance for a project subject to this Section until the Board of Supervisors has determined that the project is fiscally feasible and responsible under this Chapter.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005)
If any Section, paragraph, sentence, clause or phrase of this Chapter 29 is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter 29. The Board of Supervisors declares that it would have passed each section, paragraph, sentence, clause or phrase of this Chapter 29 irrespective of the fact that any portion of this Chapter 29 could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 104-04, File No. 040146, App. 6/4/2004)