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ORDINANCE NO. 2054 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING PLEASANTON MUNICIPAL CODE CHAPTER 17.36 ESTABLISHING A REVISED GROWTH MANAGEMENT PROGRAM WHEREAS, the City of Pleasanton has had a growth management program in some form since1978; and WHEREAS, in 2006 Urban Habitat Program and Sandra De Gregorio filed against the City of Pleasanton an action in Alameda Superior court, Urban Habitat Program, et at v. City of Pleasanton, et al., Case No. 06293831 ("Urban Habitat Litigation"); and WHEREAS, during the course of the Urban Habitat Litigation, the City Council deemed it appropriate to adopt Ordinance 1999 to amend the City's growth management program, in part, by removing reference to a 29,000 unit housing cap and allowing the annual allocation of units to exceed the annual limit of 350 units in order to grant approvals to projects so that the City is able to meet its total regional housing needs goals; and WHEREAS, following the adoption of Ordinance 1999 and the Settlement Agreement in the Urban Habitat Litigation, the City Council appointed a subcommittee of its members to review the growth management program to assure consistency with state law and the City's current and future infrastructure; and WHEREAS, on February 13, 2012, the City of Pleasanton adopted an update to the Housing Element of the General Plan for the 2007-2014 Planning Period which includes Program 9.1 indicating, in part, the City's intent to review the growth management program to assure it is consistent with state law; and WHEREAS, on March 20, 2012, the growth management subcommittee presented to the City Council a preliminary report concerning the framework for an amended growth management program and the City Council conducted a public meeting for the purpose of receiving comment on the report; and WHEREAS, while the City Council finds that further review of the growth management program is warranted to carry out Program 9.1 of the General Plan Housing Element Update, it has determined that and interim amendment is necessary at this time; and WHEREAS, the City Council find that it is appropriate for the growth management program to provide for a methodology that establishes a relationship between the City's Regional Housing Needs Allocation and the number of allowable annual unit, allocations under the growth management program; and WHEREAS, the City Council finds that consistent with its intent as outlined in the General Plan Housing Element Update, it is necessary to streamline the program by removing the current suballocation of growth management units; and WHEREAS, the Council further finds that the growth management program will benefit from clarifying the City Council's ability to transfer unallocated units from a previous year to a future year provided that the total number of units in a Regional Housing Need Allocation cycle do not exceed the City's allocation for that particular cycle, and