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the General Plan,the General Plan then defers to the applicable Planned Unit <br />Development (PUD),not only contradicts the intent of the HAA but actively works <br />against its purpose–i.e.,to increase housing. <br />Under the second sentence of subdivision (j)(4),which City staff have continuously <br />failed to acknowledge and which was not addressed in the Planning Commission’s <br />staff report,even if the zoning standards are consistent with the General Plan,the City <br />is still required to facilitate and accommodate the Project at its proposed and allowed <br />general plan density unless it makes findings of an adverse impact to public health <br />and safety.Again,the General Plan rules regardless of whether the zoning and <br />General Plan are consistent. <br />The inclusion of the phrase “[i]f the local agency has complied with paragraph (2)” <br />(Gov.Code,§65589.5,subdivision (j)(4)),makes clear that while the first sentence of <br />subdivision (j)(4)instructs cities on what to do if their zoning and General Plan are <br />inconsistent,the second sentence instructs cities on what to do if they are consistent. <br />Compliance with subdivision (j)(2)refers to the local agency notifying the developer of <br />any inconsistencies with the zoning or general plan.As such,this would render the <br />second sentence purposeless and redundant if interpreted to be a continuation of the <br />circumstances put forth in the first sentence (i.e.,where the zoning and general plan <br />are inconsistent).This is because compliance with paragraph (2)would simply allow <br />the city to apply the standards and criteria of any categories in the zoning (so long as <br />they do not interfere with the density proposed by the developer),which it would be <br />able to do anyway. <br />Instead,the second sentence sets out what cities must do in the event that their <br />zoning is consistent with their general plan:the City is required to facilitate and <br />accommodate the proposed project at its proposed and allowed general plan density. <br />Yes In My Back Yard <br />2261 Market Street STE 10416 <br />San Francisco,CA 94114 <br />4