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or side-by-side garages.The approximately 7.29-acre project site currently consists of general offices,including medical offices,as does the surrounding existing land use. On April 10,2024,the Planning Commission disapproved the Project,on recommendation from City staff,on the grounds that the Project is allegedly inconsistent with the applicable General Plan land use designation and zoning for the Project Site and the Project is not seeking a Planned Unit Development rezoning.This analysis is inconsistent with the law. California Government Code §65589.5,the Housing Accountability Act (HAA), prohibits localities from denying housing development projects that are compliant with the locality’s zoning ordinance or general plan at the time the application was deemed complete,unless the locality can make findings that the proposed housing development would have a “specific,adverse impact”to public health and safety and that there is no feasible method to successfully mitigate or avoid the adverse impact. The HAA defines a “specific,adverse impact”to mean “a significant,quantifiable, direct,and unavoidable impact,based on objective,identified written public health or safety standards,policies,or conditions as they existed on the date the application was deemed complete.”(Gov.Code §65589.5(j)(1)(A)). If a city’s disapproval or conditional approval were to be challenged in court,the burden is on the City to prove its decision abides by the conditions set forth in the HAA.In this case,the City’s grounds for disapproval of the project were based on the project being inconsistent with the zoning of the project site,and the City has not made the findings required by HAA and has not brought forward evidence to support such findings based on any standard of review,including the HAA’s required preponderance of the evidence standard. Yes In My Back Yard 2261 Market Street STE 10416 San Francisco,CA 94114 2