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density (approximately 50 units per acre) apartments adjacent to Stoneridge Mall Road and the new BART station (Windstar development). Further, in October 2009, the City Council rezoned three parcels in Hacienda Business Park for Mixed Use with a minimum density of 30 units per acre. In the City's opinion, this rezoning provided for the remaining 521 units (the original requirement for 871 units, minus the 350 unit Windstar project) with some units remaining to apply to the next RHNA period. Notwithstanding these rezonings, which the City maintained addressed its obligation under Program 19.1, the Court determined that the rezonings were "illusory" and did not satisfy Program 19.1 or State law because they did not actually allow development to occur until after completion of a City Council established Hacienda PUD amendment process, that includes involvement of a 21- member Hacienda Task Force, which will take one year to complete. Regardless of the outcome of the current litigation, the City is still obligated to prepare a new Housing Element reflecting the new RHNA units. With the completion of the General Plan, staff intends to commence work on the project as soon as possible and anticipates a public process that will be complete within one year. The City will use the Housing Element planning process to discuss potential sites for higher density housing which will be required to meet the RHNA needs and to discuss changes to the City growth management program to address changes or elimination of the housing cap. Growth Management Program: In addition to the residential cap, as discussed above, the City has used several other tools to ensure the orderly growth and development of the City, including the implementation of a Growth Management Program. The Court recognized that the recent amendment of the Growth Management Ordinance removed any constraint to accommodating the City's share of regional housing need, and therefore, the use of this tool should not be impacted by the recent Court order, and may remain in effect. The City adopted its first growth management ordinance in 1978, designed to regulate the location and rate of new residential growth in a period of sewage treatment constraints and air quality concerns. The growth management program was modified following the comprehensive revisions to the General Plan in 1986 and 1996, and was modified again in October 2009 to allow the City Council to override the annual housing allocation in order to meet the City's RHNA. Currently, the Growth Management Ordinance: Establishes an annual limit for new residential units (with the exception described to accommodate our RHNA obligation); Requires the apportionment of new residential units to categories of projects (i.e. affordable projects; major projects; first -come, first served projects); and, Describes a process for obtaining an allocation under the program. In recent years, as fewer large residential development sites are available, and the number of residential units seeking building permits became significantly lower than the Page 8 of 11