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Commissioner Narum inquired if the current lawsuit on the housing cap would affect the extension, or if the extension would it be grandfathered in because it was done prior to the lawsuit. Mr. Dolan replied that if the applicants were ready to go forward right now and submitted a building permit, it would be affected by the current restriction on the City’s ability to issue building permits. He indicated, however, that the applicant is not anywhere close to applying for a building permit and that the most likely scenario is that the issue with the lawsuit would be resolved before the applicant is ready to proceed. Commissioner Narum inquired if this would still be the case even if an application has already been submitted. Mr. Dolan replied that the restriction on the issuance of building permits does not have to do with planning entitlements. Commissioner Narum inquired whether or not the Development Agreement would be affected should the judge, as part of the lawsuit, indicate that this particular site is good for high-density housing. Mr. Dolan replied that the court order does not direct the City to look in any particular geographic area and that the only specific location it addresses is the Hacienda Business Park rezonings that the City claimed met certain housing obligations. He explained that the judge indicated that he thinks the rezoning does not meet the housing obligations and, therefore, the City needs to find other sites. Commissioner Narum requested clarification that the lawsuit would not affect the Pleasanton Gateway site so long as the City finds other places that can be used for housing. Mr. Dolan replied that once the City resolves the lawsuit on its last Regional Housing Needs Assessment (RHNA) numbers, the City will be confronted immediately or is already late on the next round of RHNA numbers. He noted that in that respect, the City will be going through an evaluation of multiple sites through the Housing Element process. He indicated that staff would not eliminate any land for consideration and is already looking at several properties, some of which already have entitlements. Commissioner Narum said if the judge states that the location may make sense for high-density housing, she questioned if this would affect the development agreement. Commissioner Blank stated that based on his own readings on the matter, it was his understanding that judges normally do not tell cities to build high density housing on a particular site, but rather that high-density housing be built by a certain year. Chair Olson inquired what consideration the City received for granting this extension. PLANNING COMMISSION MINUTES, May 12, 2010 Page 4 of 11