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Mr. Dolan replied that then it gets complicated because if the City does not have the inventory that is zoned properly at the cut -off date, then the City gets into this by -right situation, which the City is desperately trying to avoid. He explained that if the City does not have its inventory in order at the time it is due for submittal, which is by January 31, 2015, then all the projects on those sites that were promised to be rezoned later will fall into this by -right situation, and the City loses a lot of its discretion to get the type of projects that it want. He noted that in the last RHNA cycle, that was something the City worked very hard at trying to control with the development standards and the design guidelines. Chair O'Connor inquired, for example, if the Plan as written today is submitted to HCD, and HCD indicates that one or more of the sites are not viable, which would result in the City not meeting its numbers, if HCD would give the City time to come back and revise its report or does that get the projects automatically into the by -right situation. Ms. Wallis replied that the City does not get extra time; the City has to certify the document by January 31, 2015, and HCD then has 90 days from that date to certify it. She indicated that this is the reason why staff had tried throughout this process to build in a little bit of cushion. Chair O'Connor asked if, for example, should this one property in particular be removed, and HCD finds that the City was viable on everything but was short by less than 200 units, the City could come back and include this already rezoned site into the document. Mr. Dolan said yes; Council's direction to do the rezoning can be reversed. He stated that that is probably what the City would do because a decision was made to take it out, but it ends up not working and it needs to be put back in the inventory. He added that HCD would then change its decision when the City actually brings the rezoning forward. Ms. Wallis explained that after Council authorizes submittal to HCD, HCD has 60 -day review period, after which the City will be provided with comments based on that review She indicated that the City will then need to come back and analyze those comments and make whatever fundamental changes are required to meet those comments. She added that it will then come back to the City in December or January for certification of those changes, then returned to HCD for final certification. Commissioner Allen commented that the City then has some flexibility. Commissioner Piper stated that all the questions raised were great and that she does not have any further comments. Commissioner Allen thanked all the folks from a lot of different neighborhoods who took the time to come out tonight and share their input because that is what the public process is all about. She noted that there are a lot of faces she has never seen before, PLANNING COMMISSION MINUTES, August 13, 2014 Page 28 of 32