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between the magnitude of the exaction and the nature and extent of the project impact that the exaction is intended to address. Here there is no nexus or rough proportionality between a proposal for a wider multi-use path along Stoneridge Mall Road and the project, as there has been no showing that the paths proposed by the project are insufficient to serve the pedestrian and bicycle needs of the project, such that an additional, extra-wide pathway is required. D. Density Bonus Law. The Density Bonus (DB) law (Gov't Code § 65915) imposes three requirements on the City. First, it requires that the City allow a 50% density bonus above the maximum allowable density, based upon the affordable housing the project has committed to provide. The zoning for the project allows 40 units per acre, and the 50% density bonus brings the total to 60 units per acre. Over the 6-acre project site, the 50% density bonus results in a 360-unit project. Second, the DB law requires that the City waive any applicable development standards that would preclude construction of the project at the densities proposed. There are two development standards in the 2012 Design Guidelines that must be waived: The first is a standard stating "Maximum Height: 65 feet (or 5 stories)." The project complies with the 65-foot height limit, but a waiver is required to accommodate its 5 full stories and 1 half story. The second standard states "A minimum of 75% of ground floor units (within 5 feet of grade) shall have entries onto street, internal street, paseo (walk), or open space (including corridor buildings)." The project cannot fit on the site if this standard were enforced. Third, the DB law requires that the City grant up to three incentives, if requested by the applicant, provided the applicant establish that the incentive would reduce the cost of the project. The project does propose any incentives. However, if for any reason the City disagreed that the above two development standards must be waived, then SPG would be entitled to use two of its three incentives, since not having to reconfigure the building over a larger area to adhere to the 5-story limitations (which would not be possible in any event), and not having to construct duplicative, exterior entrances for 75% of the ground floor units, obviously results in lower construction costs, thus reducing the costs of the affordable units. Perkins Coie LLP Page 2 of 2 161307484.7