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7A Page 57 1) SILENT . The Zoning Ordinance is not silent. . The Zoning Ordinance specifies a maximum density of one dwelling per lot regardless of lot size. . Both R1 and R2 have the same density limitation. . To maximum R1&R2 dwelling density large lots should be subdivided. . There shall be limit of one (1) single-family dwellingl one two (2)-family (duplex) dwelling, or one (1) three (3)-family (triple) dwelling per lot except for permitted dwelling groups. [R2: Article 6.1 O.B] . There shall be a limit of one (1) dwelling building per lot except for permitted dwelling groups [R1: Article 5.10.B] From the General Plan . The minimum lot sizes are: 5,000 sq. ft. for a single-family house; 7,500 sq. ft. for a duplex; and 10,000 sq. ft. for a triplex. The minimum lot sizes translate into the following maximum densities: single family - 8.7 units per acre; duplex - 11.6 unites per acre; and triplex 12.9 units per acre. [2004 Housing Opportunities, page 2] From the Testimony of Jill Ekas, June 1st 2009 . I1There is a reference (in 2004 Housing Element of the General Plan) to densities with R2 zoning districts. Those densities are cited specifically with respect to three (3) different units types, single-family, duplexes, as well as triplexes, but it (2004 Housing Element of the General Plan) does not discuss how density is handled for projects that have more than three (3) units in them which is what this density interpretation is all about." [Jill Ekas, Planning Managerl June 1st 2009 Council Meeting] . City Staff confirms density is specified for the three (3) permitted uses in R2: single family, duplex and triplex. . City Staff confirms City interpretation of R2 density is not related to three (3) permitted uses in R2. . Therefore, the City interpretation of R2 density must be for uses that are not permitted in R2 (e.g. apartments). ILLEGAL! 2) Consistent'l.'ith Previous Developments City interpretation of R2 density was used on the Kentfield project. City Staff provided the following comparable past developments for the Kentfield project (chart followed, along with a density timeline). 3) Implied Density . There is no implied density. No hidden message in the Zoning Ordinance. . If one were interested in implied messages, the purpose statement is full it. . "To stabilize and maintain the residential character of the district and permit a suitable environment for family livina on a smaller scale by permitting a higher with two (2) families to a lot while maintaining Page 6 of 24