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City could zone property (at Hacienda or elsewhere) to satisfy its RHNA for the Third <br /> Planning Period without violating the Cap, the City cannot do so for the current, Fourth <br /> Planning Period since the remaining units under the Cap are just under 3,000 and the <br /> City's current RHNA exceeds 3,200. <br /> Thus, fairly interpreted, the ruling prevents the City from using the Cap in any planning <br /> documents or decisions. It also requires the City to actually amend Policy 24 and <br /> Programs 24.1, 24.2 and 24.3 of the current General Plan to remove the Cap's <br /> provisions altogether. <br /> To effectuate this, the City will be required, within 120 days of the date the Court signs <br /> its formal writ memorializing its March 12 Order, to amend Policy 24 and Programs <br /> 24.1, 24.2 and 24.3 of the current General Plan to remove references to the Cap <br /> altogether. Alternatively, although the Court's Order does not explicitly allow this <br /> approach, the City could petition the Court to allow it to replace those references with <br /> references to a revised Cap that includes an exception allowing the City to <br /> accommodate its State RHNA obligations. <br /> Pursuant to Government Code section 65759, making such changes to the City's <br /> General Plan are exempt from CEQA. However, section 65759 requires a streamlined <br /> environmental review process that must occur strictly within the 120 day compliance <br /> period. <br /> The ruling does not require the City to immediately undertake to prepare or adopt its <br /> updated Housing Element for the Fourth Planning Period covering 2007 -2014. <br /> 2. Rezonings to accommodate the City's "unmet" 1999 -2007 RHNA. <br /> In Program 19.1 of the 2003 Housing Element, the City stated its intention, initially by <br /> June 2004, to rezone sufficient properties to high density residential (e.g., 30 units /acre) <br /> in order to accommodate the remaining (now 521) housing units required for the Third <br /> Planning Period (1999 2007). For a number of reasons, the City did not do so until <br /> October 2009, at which time it undertook to rezone three parcels at Hacienda. Again, <br /> the Court's March 12 ruling found that that rezoning did not satisfy either Program 19.1 <br /> or the Least Cost Zoning Law. The basis for this ruling was Section 5 of the rezoning <br /> ordinance (No. 1998), which precluded development under the Hacienda rezoning until <br /> after the completion of the amendment of the Hacienda PUD process, which was <br /> anticipated to last for at least one year. <br /> 2 The Court found (at page 8) the "good cause' provision of Ordinance 1998 to be "illusory," and an <br /> 'obvious disincentive to developers." <br /> Page 4 of 6 <br />