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Mr. Nelson Fialho, City Manager Page 3 3. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing"(Section 65583(c)(3)). As noted in Finding 1, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, Pleasanton may need to revise or add programs to address any identified constrants. In addition, the element was not revised to include an analysis of the Growth Management Ordinance (GMO) as described in the prior review. However, Program 29.2 indicates the City will be amending the GMO and commits to ensure the GMO does not prevent the City from accommodating the regional housing need. It is recognized that amending the ordinance will require study and a legislative process. However, the program should commit to at least minimal parameters to also ensure the ordinance's or program's process does not constrain the cost, supply, timing and affordability of housing. For example, the program could commit to a non-discretionary approval process (particularly on rezoned sites consistent with Sections 65583.2 (h) and (i)), exemptions for certain types of housing units, concurrent processing with other entitlements or predictable decision making criteria. Once the element has been revised to address these requirements, it will comply with State housing element law. The Department appreciates Ms. Stern's continued efforts during the course of our review. We are committed to assist Pleasanton in addressing all statutory requirements of housing element law. If you have any questions, need additional technical assistance or would like to schedule a meeting, please contact Jess Negrete, of our staff, at (916) 323-3185. Sincerely, t / e°'hnr n • . Campora Acting Deputy Director Link to October 14, 2011 review: http://tinyurl.com/pleasanton101411