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14
City of Pleasanton
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9/29/2010 2:46:54 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/5/2010
DESTRUCT DATE
15Y
DOCUMENT NO
14
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4.1 No later than October 19, 2010, the City Council will amend the <br /> Pleasanton General Plan by: <br /> 4.1.1 Eliminating Policy 24 and Programs 24.1, 24.2 and 24.3 from <br /> the Land Use Element of its General Plan, and <br /> 4.1.2 Eliminating all references to the Housing Cap and related <br /> programs and policies throughout the various elements of its <br /> General Plan. <br /> 4.1.3 Pending the amendment of the General Plan as set forth in this <br /> Paragraph 4.1, the City shall continue not to implement, <br /> administer or enforce Policy 24 or Programs 24.1, 24.2 and 24.3 <br /> of its General Plan. <br /> 4.2 Nothing in this Settlement Agreement shall prohibit the City from <br /> exercising its legislative authority to enact new and different growth <br /> management or other regulations in compliance with State law and <br /> consistent with this Settlement Agreement. <br /> 5. NON - DISCRIMINATION POLICY <br /> 5.1 The City represents, and Plaintiffs and Intervenor agree, that on July 20, <br /> 2010, the City adopted a non - discrimination resolution, Resolution No. <br /> 10 -390. That Resolution is attached as Exhibit C to this Settlement <br /> Agreement, and incorporated herein by this reference. <br /> 6. HOUSING ELEMENT <br /> 6.1 No later than August 16, 2011, the City will submit to HCD, for its <br /> statutory compliance review, a draft updated Housing Element for the <br /> Current Planning Period. <br /> 6.2 The City will adopt an updated Housing Element for the Current Planning <br /> Period within 90 days after receiving HCD's comments on its draft <br /> Housing Element. <br /> 6.2.1 For unique and unforeseen circumstances, the Parties may agree <br /> to a reasonable extension of this date. Any delay or controversy <br /> in the Housing Element update and HCD review process related <br /> to any claim by the City that it should be credited for the <br /> rezoning of 350 lower- income units during the Prior Planning <br /> Period, based on its approval of the 350 -unit Windstar project in <br /> or around September 2008, shall not constitute a unique and <br /> unforeseen circumstance for purposes of this section. Nothing <br /> in this Settlement Agreement shall limit the City's right, which <br /> the City reserves, to argue and address this issue during the <br /> Housing Element update and HCD review process. <br /> Settlement Agreement and Covenant Not to Sue - Page 5 of 15 2506199 1 <br />
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