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Chapter 17.36 GROWTH MANAGEMENT PROGRAM Page 5 of 7 1. Prior to the Beginning of Any Calendar Year. If, prior to January 1st of any year, the city has processed building permit applications seeking the next year's allocation which, in the aggregate, exceed the annual allocation the city shall prorate the permits to developers seeking permits. a. First Priority. Permits shall be issued first to projects which were under construction in the prior year and secured permits for,or attempted to secure permits for, all units it was qualified to be issued permits for during that year. b. Second Priority. Permits shall be issued second to all projects eligible to apply for the available permits. Each project's pro rata share of the available suballocation shall be the percentage derived by the permits sought by the project(subject to the project limitations established herein)divided by all permits sought(subject to the same size limitations). (Ord. 2054 § 2, 2012) 17.36.090 Use and loss of growth management approval. A. A project developer may be issued building permits up to the maximum yearly number established in its agreement. Permits may be issued at any time during the calendar year and at any rate. B. Should a project developer wish to revise its annual allocation,the following regulations shall apply: 1. For project developers seeking to move units into a later year or years: a. Prior to September 1st of a given calendar year, a project's developer may request a reallocation to a later year of some or all of its allocation. The planning division shall provide the necessary application forms, and a project developer must file the application with the planning division. The application shall be accompanied by a fee established by the resolution establishing fees and the charges for various municipal services. b. The city shall coordinate the"trade" of units for developers seeking to move to later years with those of developers seeking more permits in the current year. If an agreeable"trade" is established by the city,the units shall be moved to later years and shall be placed in the project's annual allocation in the year in which the"traded"unit originally occupied before the trade. If units moving forward come from a year later than the last allocation year of the project moving units to a future year,the units may be moved to the project's last allocation year, if available, rather than to the later year of the"trading"project. The city shall not refuse to make any trade which otherwise follows the provisions of this section. The traded units shall be approved by the city council and shall take the form of amended growth management agreements. c. If no"trade"is available for a unit or units,those units shall be reallocated to the last year for which the project has an allocation. (Subsequent year unused allocations shall also be added to the last year for which the project has an allocation.)This automatic reallocation shall occur only if the year to which the units are moving has available capacity. If no capacity is available, the reallocation shall be made to the first available year following the last year of the project's allocation. This reallocation shall be nondiscretionary on the part of the council and shall be documented in a revised schedule in a project's growth management agreement. 2. For project developers seeking to move units from later years into the current year: a. Prior to September 1st of a given calendar year, a project's developer may request a reallocation to the current year of some or all of its future years' allocations by filing an application with the planning division, together with any fee which may be established. b. The city shall coordinate the transfer of units for developers seeking to move forward to the current year with the requested transfer of units to later years. To the extent not all requests http://gcode.us/codes/pleasanton/view.php?topic=17-17_36&showAll=1&frames=on 8/21/2013