Planning Commission Supplemental Material 09092026

-1- 1310\10\4000039.1 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (Agreement), dated as of the date all Parties sign this Agreement (the Effective Date) is entered into by and between the City of Pleasanton (City) and the Bay Area Housing Advocacy Coalition, a 501(c)(4) nonprofit, customarily referred to as Housing Action Coalition (HAC). HAC and the City are individually referred to herein as a Party, and collectively referred to as the “Parties.” RECITALS A.The City’s Housing Element Update for the Sixth Cycle (the Housing Element) was certified as substantially compliant with State Housing Element Law by the California Housing and Community Development Department (HCD) by letter dated August 25, 2023, and was adopted by the City Council on September 19, 2023. B.On November 27, 2023, HAC sent a letter giving notice pursuant to Government Code section 65009 of its plans to bring an action to attack, review, set aside, void, or annul the adoption of the Housing Element for 2023-2031 and the findings and other determinations made in support of the adoption of the Housing Element, and to seek a writ of mandate requiring the City to adopt a new Housing Element that complies with state law (the Notice Letter). HAC claimed that the Housing Element did not substantially comply with state law, including because the City improperly listed certain nonvacant sites on the Site Inventory in the Housing Element, in alleged violation of the State’s Housing Element Law, specifically Government Code Section 65583.2. The City disputes all of HAC’s contentions, disputes that HAC is entitled to any recovery, and contends that the Housing Element substantially complies with state law. C.The Parties have reached a settlement of their disputes related to or arising out of the Housing Element. Nothing in this Agreement is intended to be, and should not be construed as, an admission and/or waiver of any allegation, issue or argument by any Party, except as set forth in this Agreement. TERMS AND CONDITIONS 1.No Interference with Discretion. The Parties expressly recognize that nothing in this Agreement shall limit or purport to limit the City’s exercise of its police powers, and its discretion regarding the rezoning of additional nonvacant sites. The parties understand and acknowledge that execution of the Agreement in no way limits the discretion of the City beyond the limitations imposed by controlling law, and that nothing in the Agreement obligates the City to exercise its discretion in a particular manner, except as outlined within this Agreement. 2.Rezoning of Sites A, B and C. The “Proposed Action Deadline” is December 31, 2026. This date may be amended by an email SUPPLEMENTAL MATERIAL Provided to the Planning Commission After Distribution of Packet Date Distributed: ______________ agreement between counsel for HAC and the City, made before the expiration of the then-current deadline. The City agrees to consider whether to take the Proposed Action of rezoning the 9/9/2026