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Moreover,subdivision (j)(4)of the HAA provides the following: <br />For purposes of this section,a proposed housing development project is not inconsistent with <br />the applicable zoning standards and criteria,and shall not require a rezoning,if the housing <br />development project is consistent with the objective general plan standards and criteria but the <br />zoning for the project site is inconsistent with the general plan ...[T]he local agency may <br />require the proposed housing development project to comply with the objective standards and <br />criteria of the zoning which is consistent with the general plan,however,the standards and <br />criteria shall be applied to facilitate and accommodate development at the density allowed on <br />the site by the general plan and proposed by the proposed housing development project. <br />(Gov.Code §65589.5(j)(4),emph.added). <br />Under the first sentence of subdivision (j)(4),if the zoning is inconsistent with the <br />general plan,the City cannot lawfully require a rezoning.The Planning Commission’s <br />disapproval states that the “General Plan’s Mixed Use designation references and <br />defers to the applicable Planned Unit Development”(Planning Commission Agenda <br />Report,p.7).However,under the HAA,the General Plan does not defer to the zoning <br />standards set forth by the city but supersedes it,regardless of whether the zoning <br />plan is consistent with the general plan,and therefore,the City must approve the <br />project at the density proposed by the developer and as allowed by the General Plan. <br />Further,even if the zoning were consistent with the General Plan,the local agency <br />must still facilitate and accommodate development “at the density allowed on the site <br />by the general plan.”The intent of the HAA is “to be interpreted and implemented in a <br />manner to afford the fullest possible weight to the interest of,and the approval and <br />provision of,housing”(Gov.Code §65589.5(a)(2)(L)).Therefore,the Planning <br />Commission’s interpretation of the HAA,in that,because the zoning is consistent with <br />Yes In My Back Yard <br />2261 Market Street STE 10416 <br />San Francisco,CA 94114 <br />3