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Chapter 17.36 GROWTH MANAGEMENT PROGRAM Page 4 of 5 allocation capacity is not available for a reasonable project phase within at least the second calendar year after the year the application is tendered. 2. Growth Management Approval. a. The city council may grant a specific growth management unit allocation to a project for one or more years so long as the total units allocated do not exceed the growth management unit allocation for that year. b. In reviewing a project developer's request for growth management unit allocation,the city council shall use its discretion in giving consideration to the number of projects which are pending or are likely to seek approval in the near term,the economic feasibility of phasing the project, and other factors. The approval of growth management unit allocations shall be in the form of a growth management agreement approved by the city council. c. Notwithstanding subsection (A)(2)(b), a total of 10 growth management allocations for housing units subject to the discretionary approval of the Zoning Administrator as set forth in Chapter 18.20 of the Pleasanton Municipal Code, may be approved annually by the zoning administrator. Any such approval shall require the developer of the project to enter into a growth management agreement with the city approved by the zoning administrator without the need for city council approval. The city council may increase the number of allowable annual growth management allocations subject to discretionary approval of the zoning administrator based on demonstrated need. d. Any growth management unit allocation approved will be deducted from the total number of annual growth management unit allocations available for the year in which the project is approved and from the total number of growth management unit allocations in the regional housing needs cycle. B. Proration of Project Growth Management Unit Allocations. Generally, the approval of a growth management unit allocation is intended to be made available to developers in chronological order consistent with subsection(A)(1). However, in certain instances when the demand for growth management unit allocations is known to exceed the number of remaining units available in a particular year,the city may approve a growth management application in any manner it finds equitable, including assigning unused growth management unit allocations from previous years or to future years. If assigned to a future year, the unit allocation will be accounted for in that year; not the year the growth management agreement is approved. C. In the event that growth management unit allocations are unavailable during a particular year and the city has approved a project containing affordable units that is subject to a city affordable housing agreement, growth management unit allocations from previous and/or future years shall be approved in the number required to accommodate the affordable housing units, including if necessary, borrowing from the next regional housing needs allocation period. (Ord. 2112 § 2, 2015) 17.36.090 Use and loss of growth management approval. A. A project developer may be issued building permits up to the maximum number of growth management unit allocations established in its growth management agreement provided that a building permit shall not be issued prior to the year approved for the growth management unit allocations. Once the building permits are issued,the units may be constructed at any time consistent with conditions set forth in the growth management agreement or project approvals. B. Any amendment to a growth management agreement requires submittal of an application on a form provided by the community development department and approval by the city council. C. In the event a project developer does not utilize the maximum number of growth management unit allocations as specified in its growth management agreement, it may, subject to the approval by the city council, assign or trade the unused number of growth management unit allocations for use by a different project provided the parties involved in the assignment or trade show proof of an agreement regarding such trade. Any approved transfer or trade shall not be counted as new growth management unit allocations. D. The city council shall have the discretion to approve rules or procedures concerning the use, loss,trade, reallocation, and assignment of growth management unit allocations at any time, including when the city council considers a project developer's development agreement or other legislative act relating to a project so as long as the overall number of allowed http://gcode.us/codes/pleasanton/view.php?topic=17-17_36&showAll=1&frames=on 9/16/2015