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P23-0599, 5976 & 5994 W. Las Positas Blvd. Planning Commission 7 of 8 The General Plan's Mixed Use designation references and defers to the applicable Planned Unit Development (see General Plan starting at Page 2-24). Specifically, the General Plan states: “The location of specific land uses in areas designated Mixed Use is determined by the associated PUD zoning or specific plan.” In this instance, the Hacienda PUD designates the subject parcel/site (Lot 20) as Garden Office (OGPD), which does not permit residential development except Nursing Homes/Assisted Living Facilities. (See General Plan Page 2-25.) Therefore, because the application for Design Review for residential development is not consistent with this General Plan policy and the zoning for the property, staff recommends that the Planning Commission deny the application. Vesting Tentative Tract Map Application The state’s Subdivision Map Act (Government Code § 66410 et seq.) provides in relevant part that “[a] local agency shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by this division or local ordinance enacted pursuant thereto . . . .” (Government Code § 66473.) The Subdivision Map Act also provides in relevant part that “[a] legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans . . . .” (Government Code § 66474.) As mentioned above, the General Plan's Mixed Use designation references and defers to the applicable Planned Unit Development (see General Plan Page 2-23). Specifically, the General Plan states: “The location of specific land uses in areas designated Mixed Use is determined by the associated PUD zoning or specific plan.” In this instance, the Hacienda PUD designates the subject parcel/site (Lot 20) as Garden Office (OGPD), which does not permit residential development except for Nursing Homes/Assisted Living Facilities. Therefore, the Vesting Tentative Tract Map application is not consistent with this General Plan policy. Additionally, the City’s Subdivision Ordinance provides in relevant part that “[n]o land shall be subdivided and developed for any purpose not contemplated or specifically authorized by the precise zoning ordinance of the city.” (PMC § 19.04.020.) Because the Vesting Tentative Tract Map application is not consistent with the General Plan policy, as referenced above, and the zoning for the property, staff recommends that the Planning Commission deny the application.