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<br />7A <br />Page 82 <br /> <br />... all Planned Development proposals shall conform to the applicable lot or' unit <br />density regulations of the Zoning District in which the property is located. [Planned <br />Development: Article 46.7.8] <br /> <br />~... by choosing the Planned Development Permit process, you cannot exceed the <br />density under any circumstances." [Mr Satlesh Mehra, Associate Planner, June 1st 2009 <br />City Coundl meeting] <br /> <br />Yet, the proposed Zoning Ordinance. modification specifies two maximum densities for each of the <br />permitted dwelling types. As show In the table below, without a planned development permit the <br />maximum single-family dwelling density 15 8.7 family units per acre. With a planned development <br />permit the maximum singh~..faml1y dwelling densIty Is 17.4 family units per acre. <br /> <br />Dwelling Type Without PI,anned Dev. Permit With Planned Dev. "ermit <br />Single-Family Dwefl1ng 8.7 family units per acre (max) 17.4 famllv units per acre (max) <br />Two-Family Dwelling 11.6 family units per acre (max) 17.4 family. units per acre (max) <br />Three-Famlly Dwelling 13.1 family units per acre (max) 17.4 fam.i1y units per ,acre (max) <br /> <br />The fact the Planned Development Permit cannot modify maximum density is a well documented and <br />consistent practice. It appears, the proposed Zoning Ordinance modification will break with this practice <br />and create an exception for R2. In other words, the Planned Development Permit cannot modify <br />maximum density except for the R2 Zoning District. <br /> <br />in order to "clarify" the City's interpretation of R2 density, a Planned Development Permit is required <br />and the Planned Development Permit is allowed to exceed the maximum density specified for R2. This <br />is another example that-the City's interpretation of R2 density not compliant with the current Zoning <br />Ordinance. And again, the statement that the City's interpretation Is R2 density Is compliant to the <br />current Zoning Ordinance is FALSE. <br /> <br />The General Plan also specifies R2 density. The 2004 Housing EI~ment, states the following: <br /> <br />The,mlnlmum lot sizes are: 5,000 sq. ft. for a single-family house; 7,500 sq. ft for a <br />duplex; and 10,000 sq. ft. for a triplex. The minimum lot sl%es translate Into the <br />following maximum densities: single family - 8.7 unit per acre; duplex - 11.6 units per <br />acre; and triplex u..9 units per acre. [General Plan, 2004 Housing Element1 5 Housing <br />Opportunities, page 2] <br /> <br />City Staff has confirmed the 2004 Housing Element specifies density for the three permitted uses. The <br />testimony of Ms. Jill Ekas is included below for refereni:e. <br /> <br />"There 15 a reference (in 2004 Housing Element of General Plan) to densities within R2 <br />zoning districts. Those densities are cited specifically with respect to three. (3) <br />different unit types, single-family, duplexes, as well as triplexes; but it (2004 Housing <br /> <br />8 <br />