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17.36.100 <br />within the first -come, first -served suballocation which exceed the remaining units available, the permits <br />shall be issued on a pro rata basis, as described in Section 17.36.080(C)(2)(d) of this chapter. After Decem- <br />ber 1st, all permits under this subsection shall be issued on a first -come, first -served basis. In all events, <br />major projects shall be subject to the rules governing issuance of first -come, first- served units when they <br />avail themselves of the unused first -come, first-served suballocation. Any units issued to a major project <br />developer pursuant to this subsection shall be subtracted from the final year of the major project devel- <br />oper's allocation. <br />4. Developers who have current year units and do not request the units to be reallocated as of September I st <br />and who subsequently do not obtain a building permit prior to January 1st of the following year, or where <br />building permits lapse pursuant to the provisions of the Uniform Building Code after December 31st of the <br />year of their allocation, shall lose their growth management approval for those units. No building permit <br />shall be issued for such units until a new application for growth management approval has been made and a <br />new approval granted by the city council following the procedures for major project initial approvals. <br />C. First -Come, First - Served Projects. <br />1. A first -come, first - served project shall be issued a building permit, if available, as described in Section <br />17.36.080(C) of this chapter. The building permit shall be governed by the applicable provisions of the <br />Uniform Building Code. <br />2. In the event a building permit lapses pursuant to the provisions of the Uniform Building Code, the permit <br />owner may petition the city council to reinstate the permit. The city council, at its discretion, may grant a <br />reinstatement for a specified period of time or may require the owner to reapply for a new permit, subject to <br />the rules for first -come, first- served units. During the time needed to hear a reinstatement request, the build- <br />ing permit shall not lose its approved status and shall not become an unused part of the first -come, first - <br />served suballocation unless and until the reinstatement request is denied. <br />3. Should a first -come, first- served building permit lapse (and any reinstatement request denied) during the <br />calendar year in which it was issued, it shall become part of the "pool" of the first -come, first - served subal- <br />location and may be issued to another project. However, should such a building permit lapse in the year fol- <br />lowing the year in which it was issued, it shall not be added to that year's allocation. <br />D. The city council shall have the discretion to approve rules or procedures concerning the use and loss of growth <br />management approval which vary from subsections A, B, or C of this section if it occurs as part of a project de- <br />veloper's development agreement or other legislative act and as long as the overall number of allowed permits <br />does not exceed the limits established in Section 17.36.060 of this chapter. (Ord. 2000 § 1, 2009; Ord. 1729 § 2, <br />1997) <br />17.36.100 Modification to projects with growth management approval. <br />A. Once an affordable housing project or a major project has secured an affordable housing or a growth management <br />agreement, the project may be modified without affecting its growth management approval, subject to city coun- <br />cil review and approval, so long as no additional units are added. Such a modified project retains its original <br />growth management allocation. Project modifications as used in this section shall mean significant changes to a <br />project's design, density, product type, affordability component, amenities, and other aspects which bear on its <br />original approval. Architectural modifications, site plan changes, and other project adjustments which are charac- <br />terized as "minor modifications" in the city's PUD ordinance shall not need city council review and approval to <br />retain growth management approval. Should the modification reduce the number of units, the units eliminated <br />shall be deducted from the project's final year's allocation. <br />(Pleasanton Supp. No. 3, 1 -10) <br />472 <br />