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Resolution No. 93-139 <br />Page Two <br /> <br /> The intent, in all cases, is to achieve predictability such <br /> that the Council knows with greater certainty that the number <br /> of units which will be built in any year will be that which <br /> has been allocated. <br /> <br />2. The modified program is voluntary; those who wish to remain <br /> under the Growth Management Program Ordinance, as it existed <br /> on September 1, 1993, may do so. The modified program is <br /> intended for all developers whose projects received growth <br /> management approval prior to 1993 except developers with <br /> projects which have fewer than ten units remaining to be <br /> built. P~t~ciDation in this modified Droaram is limited as <br /> to time. If a developer does not choose to participate by <br /> November 24, 1993, the modified program as set forth herein <br /> will not necessarily apply to developers who after that date <br /> may need discretionary approvals from Council. <br /> <br />3. For developers participating in the modified program, growth <br /> management approval will not lapse for a project with an <br /> approved vesting tentative map in existence as of November 2, <br /> 1993, unless (a) the final map is not recorded within the time <br /> frame set forth inthe Growth Management Program Ordinance, as <br /> it existed on September 1, 1993, or (b) the vesting tentative <br /> map, as extended by SB 42S, expires, whichever event [(a) or <br /> (b)] is later. <br /> <br />4. By November 24, 1993, any developer qualified for and wishing <br /> to participate in the modified program shall request to <br /> reallocate units to the year or years in which, based on its <br /> good faith, best business judgment, the developer believes <br /> that it will pull building permits for production houses (or <br /> apartments) or that it will complete the public improvements <br /> for custom lots. (This only applies to those units for which <br /> a developer has not obtained a building permit or has not <br /> completed the public improvements for custom lots.) The <br /> developer shall indicate which units represent production <br /> houses (including apartment projects), custom lots, and lower <br /> income units. <br /> <br />5. The Council will review these requests for reallocations and, <br /> if necessary, a Council subcommittee may meet with one or more <br /> developers. The Council goal is that no more units than the <br /> General Plan maximum (currently 650 units; 750 units if 100 or <br /> more units are in "lower income" projects) will be built in <br /> any one year, including units for new projects. However, <br /> because of the units already allocated for 1993 and before, <br /> but which have not been built, and because of the units <br /> already allocated for 1994 and beyond, Council recognizes that <br /> the number of units which it may reallocate in 1994-1996 may <br /> exceed the General Plan maximum. <br /> <br /> <br />