SEC. 175.9. DURATION OF AUTHORIZATION IN THE EASTERN NEIGHBORHOODS.

(a) This Section shall apply only to property located in any Eastern Neighborhoods Mixed Use District, the SLI District, or any NCT, RTO or PDR District which is located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 327.2(I).

(b) Notwithstanding any contrary provision in Section 175.6, should a project not receive its first building or site permit within 36 months after receiving the last of any required authorization under Sections 303, 305, or 329, then any such authorization shall be subject to the Eastern Neighborhoods Public Benefit Fee set forth in Sections 327 et seq. at the date it receives its first building or site permit.

(c) Any residential project subject to Subsection (b) also shall provide the Planning Code's affordable housing requirements in the zoning district where the subject property is located.

(d) Notwithstanding any contrary provision of Subsection (c) above, if a residential project submitted its first

application, including an environmental evaluation application or any other Planning Department or Building Department application before July 1, 2006 and the project is in compliance with Section 175.6(c)(4), then it shall provide the lesser of:

(1) Three additional percentage points (3%) above the Residential Inclusionary Affordable Housing Program requirements that would have applied to the subject project pursuant to Sections 415 et seq. at the time of first application submittal or

(2) The Planning Code's affordable housing requirements in the zoning district where the subject property is located.

(e) The time period in Subsection (b) is subject to the following requirements; (1) the required authorization must be final and effective; and (2) the 36-month time period shall be tolled until the expiration of any appeal period if no appeal is

filed, or if an appeal is filed, final resolution of any appeal. This time period also shall be tolled until a final judgment is issued in any litigation challenging the project authorization.

(Added Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013) AMENDMENT HISTORY Division (d)(1) reference corrected; Ord. 62-13 , Eff. 5/10/2013.