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DBA 2010-03 and SPR 2010-02 December 13, 2010 Page 5 Density Bonus From Maximum Density Both the State Density Bonus Law and the SAMC state that the law only applies to projects of five or more units. The proposed project meets this standard. There is a difference between the State law and the SAMC regarding the total number of units which may be constructed in excess of adopted densities. In the case of the SAMC, the development shall be permitted a density bonus of the amount of units requested by the applicant, up to a total project dwelling unit count of 125 percent. Under State law, the minimum bonus for projects providing 20 percent of the units to lower income households is 35 percent. Because the City's existing Density Bonus Law has not been amended to comply with the most current State Density Bonus Law and because the SAMC states that it shall be in compliance with the State law "as it may be amended from time to time," the provisions of the State law will take precedence in this case. The State law and the SAMC state that "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. The maximum density allowed by the City's zoning and General Plan land use designations for this property is inconsistent. The following table details the number of dwellings allowed and the percentage increases as they pertain to this project. Comparison of Maximum Allowable Units General Plan - LR-7 Heninger. Park (SD 40)* Proposed Project 2.23 units 3.6 units 5 units * The uses permitted in the SD-40 are: 1. Multiple Family Dwellings (project to be developed at the general plan density) and 2. Any use permitted in the R2 zone, pursuant to section 41-247 (project to be developed at the densities established in the R2 zone based on the lot size). This constitutes a 37% increase in the number of units permitted by the SD 40 zoning and a 125% increase in units permitted by the General Plan land use designation. These increases are consistent with the density bonus law. One of the primary concerns expressed by neighborhood representatives was the compatibility of a new multi-family project with the existing single family homes. Prior to the adoption of SD 40 multi-family projects were constructed that were not compatible in scale, massing or design with the neighborhood. One of the chief design concerns was ensuring that the project not further such design incompatibilities. The following paragraph details the existing context of the project site. The project is located in a block developed with a combination of single family homes and multi- family apartments in a range of densities. 39B-7