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(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)