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ATTACHMENT A ORDINANCE NO. 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 al. 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 November 20, 2012, the City of Pleasanton adopted Ordinance 2054 to amend the growth management program to modify the formula for calculating the annual growth management unit allocations to assure it is consistent with state law; and WHEREAS, the 2015-2023 Housing Element adopted by the City Council on January 6, 2015, includes Program 30.2 which reflects the City's intention to review the growth management program to assure it does not constrain the development of affordable housing; and WHEREAS, since the adoption of Ordinance 2054, it has been determined that amendments to the growth management program would be beneficial in administering the program and keeping the public and development community informed regarding growth management approvals and tracking and being consistent with the City's design review process; and WHEREAS, based on the above findings, the City Council declares that the this ordinance is consistent with the General Plan, promotes the public health, safety and welfare, maintains or improves the community's quality of life, establishes as reasonable rate of growth that is fair and equitable to the development community, provides needed flexibility, and is consistent with state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS; SECTION 1: The City Council hereby repeals in its entirety Chapter 17.36 (Growth Management Program). SECTION 2: The City Council hereby adopts a new Chapter 17.36 (Growth Management Program), as set forth in Exhibit "A", and incorporated herein.