HomeMy WebLinkAbout2942 Condo Conversion
ORDINANCE NO. ,g14.a.-
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE
ORDINANCE, REGARDING CONVERSION OF EXISTING RENTALS INTO
FOR-PURCHASE HOUSING IN MULTI-FAMILY ZONING DISTRICTS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.24.020. of the Ashland Municipal Code is amended to
add the following new paragraph 18.24.020. K, as follows:
K. Conversion of existing multi-family rental units, into for-
purchase housing when authorized in accordance with
Chapter 18.24.040 (L).
SECTION 2. Section 18.24.030.J. of the Ashland Municipal Code is amended to
read as follows:
v — —
affordable for moderate income persons in accord-with the standards
- --. •-- - - _ - .•-•, --- - -.e- - -.-_. -
contained in said resolution. Current residents of rental units proposed for
the unit.
SECTION 3. Section 18.24.040. of the Ashland Municipal Code is amended to
add the following new paragraph 18.24.040. L, as follows:
L. Conversion of existing multi-family dwelling rental units into for-
purchase housing including the demolition of existing multi-family
dwelling rental units, is subject to the following:
1) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 1
provided that the existing structure meets the following
general regulations of the zoning district: permitted density,
yard requirements, maximum height, maximum lot coverage,
outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
CONDO CONVERSION ORDINANCE AMENDMENT 1 of 8
Table 1
Affordable
Affordable
Rentals(per
Ownership (per
Section
Number of Dwelling
Market Rate
Section
Market rate
18.24.0401.5
Units on Tax Lot
Ownership
18.24.040.L.5.B
rentals
.A)
2-4
100%
0%
0
0%
5-12
75%
0%
25%
0%
13-24
50%
0%
50%
0%
25-48
25%
0%
75%
0%
49+
0
0%
100%
0%
2) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 2
and the standards below when the existing structure does not
meet any one or more of the following general regulations of
the zoning district: permitted density, yard requirements,
maximum height, maximum lot coverage, outdoor recreation
space, and maximum permitted floor area.
a. Conversion of an existing multi-family structures to for-
purchase housing shall comply with the following
general regulations and the site design and use
standards of the zoning district: number of bike and
automobile parking spaces, trash and recycling
enclosures.
b. Conversion of existing multi-family structures to for-
purchase housing shall demonstrate that there are
adequate public facilities and public services available
to serve the development, including but not limited to
water, sewer, electric, fire protection, and storm
drainage.
c. Conversion of existing multi-family structures to for-
purchase housing shall improve the street frontage to
meet adopted Ashland Site Design and Use Standards
and Street Design Standards, including landscaping,
sidewalks and street trees.
CONDO CONVERSION ORDINANCE AMENDMENT 2 of 8
Table 2
Affordable
Affordable
Ownership
Rentals(per
Number of Dwelling
Market Rate
(per Section
Market rate
Section
Units on Tax Lot
Ownership
18.24.040.L.5.B
rentals
18.24.040.L.5.A)
2-4
75%
25%
0
0%
5-12
56.25%
0%
25%
18.75%
13-24
37.50%
0%
50%
12.50%
25-48
18.75%
0%
75%
6.25%
48+
0.00%
0%
100%
0.00%
3) As an incentive to provide affordable rental housing units
above minimum requirements in projects of five or more units,
an applicant shall be granted an equal percentage of for-
market ownership units per Table 3.
Table 3:
Affordable
Affordable
Ownership
Rentals(per
Number of Dwelling
Market Rate
(per Section
Market rate
Section
Units on Tax Lot
Ownership
18.24.040.L.5.B
rentals
18.24.040.L.5.A)
2-4
na
na
ria
na
5-12
68.75%
na
0%
31.25%
13-24
62.50%
na
0%
37.50%
25-48
56.25%
na
0%
43.75%
48+
50.00%
na
0%
50.00%
4) Units designated as market rate or affordable rental units shall
be retained as one condominium tract under one ownership.
This remaining rental tract shall be restricted from further
consideration of conversion to for-purchase housing.
5) Affordable Housing Units provided under 18.24.040 L(2) and
18.24.040 L(3) shall meet the following affordability standards:
a. Affordable Rental Units shall be affordable for rent by
households earning at or below 60% of the area median
income in accordance with the standards established by
Resolution 2006-13.
b. Affordable Ownership Units shall be affordable for
purchase by households earning at or below 80% of the
area median income in accordance with the standards
established by Resolution 2006-13. Resolution 2006-13
is specifically incorporated herein by this reference and
attached hereto as Appendix A.
CONDO CONVERSION ORDINANCE AMENDMENT 3 of 8
6) Prior to offering any units for sale the developer must comply
with section 15.104 of the Ashland Municipal Code
7) Conversion of existing rental units into for-purchase housing
shall comply with the tenant rights provisions under Chapter
10.115 of the Ashland Municipal Code.
8) For the purposes of sections 18.24.020 and 18.24.040 existing
multi-family rental units are defined as dwelling units designed
to house multiple households within one or more structures
on a single property that were constructed and occupied prior
to the effective date of this ordinance. Multi-family rental units
constructed after the effective date of this ordinance are not
subject to the provisions of Chapter 18.24.040 (L).
SECTION 4. Section 18.28.020. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.020. K, as follows:
K. Conversion of existing rental units into for-purchase housing
when authorized in accordance with Chapter 18.28.040 (L)
SECTION 5. Section 18.28.030.J. of the Ashland Municipal Code is amended to
read as follows:
J. Condominium conversion of existing rental units subject to a Type I
• -- - ' -- . - r-ter.- - - • - -- - •- ..•e. -
containcd in said resolution. Currcnt residents of rental units proposed for
the unit.
SECTION 6. Section 18.28.040. of the Ashland Municipal Code is amended to
add the following new paragraph 18.28.040. L, as follows:
L. Conversion of existing multi-family dwelling rental units into for-
purchase housing including the demolition of existing multi-family
dwelling rental units, is subject to the following:
1) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 1
provided that the existing structure meets the following
CONDO CONVERSION ORDINANCE AMENDMENT 4 of 8
general regulations of the zoning district: permitted density,
yard requirements, maximum height, maximum lot coverage,
outdoor recreation space, maximum permitted floor area,
waste enclosures, parking and bike storage.
Table I
Affordable
Affordable
Rentals(per
Ownership (per
Section
Number of Dwelling
Market Rate
Section
Market rate
18.25.040.L.5
Units on Tax Lot
Ownership
18.28.040.L.5.B
rentals
.A)
2-4
100%
0%
0
0%
5-12
75%
0%
25%
0%
13-24
50%
0%
50%
0%
25-48
25%
0%
75%
0%
49+
0
0%
100%
0%
2) Existing multi-family rental unit structures may be allowed to
convert all or a portion of the structure as set forth in Table 2
and the standards below when the existing structure does not
meet any one or more of the following general regulations of
the zoning district: permitted density, yard requirements,
maximum height, maximum lot coverage, outdoor recreation
space, and maximum permitted floor area.
a. Conversion of an existing multi-family structures to for-
purchase housing shall comply with the following
general regulations and the site design and use
standards of the zoning district: number of bike and
automobile parking spaces, trash and recycling
enclosures.
b. Conversion of existing multi-family structures to for-
purchase housing shall demonstrate that there are
adequate public facilities and public services available
to serve the development, including but not limited to
water, sewer, electric, fire protection, and storm
drainage.
c. Conversion of existing multi-family structures to for-
purchase housing shall improve the street frontage to
meet adopted Ashland Site Design and Use Standards
and Street Design Standards, including landscaping,
sidewalks and street trees.
CONDO CONVERSION ORDINANCE AMENDMENT 5 of 8
Table 2
Affordable
Affordable
Ownership
Rentals(per
Number of Dwelling
Market Rate
(per Section
Market rate
Section
Units on Tax Lot
Ownership
18.28.040.L.5.B
rentals
18.28.040.L.5.A)
2-4
75%
25%
0
0%
5-12
56.25%
0%
25%
18.75%
13-24
37.50%
0%
50%
12.50%
25-48
18.75%
0%
75%
6.25%
48+
0.00%
0%
100%
0.00%
3) As an incentive to provide affordable rental housing units
above minimum requirements in projects of five or more units,
an applicant shall be granted an equal percentage of for-
market ownership units per Table 3.
Table 3:
Affordable
Affordable
Ownership
Rentals(per
Number of Dwelling
Market Rate
(per Section
Market rate
Section
Units on Tax Lot
Ownership
18.24.080.L.5.B
rentals
18.28.040.L.5.A)
2-4
na
na
na
na
5-12
68.75%
na
0%
31.25%
13-24
62.50%
na
0%
37.50%
25-48
56.25%
na
0%
43.75%
48+
50.00%
na
0%
50.00%
4) Units designated as market rate or affordable rental units shall
be retained as one condominium tract under one ownership.
This remaining rental tract shall be restricted from further
consideration of conversion to for-purchase housing.
5) Affordable Housing Units provided under 18.28.040 L(2) and
18.28.040 L(3) shall meet the following affordability standards:
a. Affordable Rental Units shall be affordable for rent by
households earning at or below 60% of the area median
income in accordance with the standards established by
Resolution 2006-13.
CONDO CONVERSION ORDINANCE AMENDMENT 6 of 8
b. Affordable Ownership Units shall be affordable for
purchase by households earning at or below 80% of the
area median income in accordance with the standards
established by Resolution 2006-13. Resolution 2006-13
is specifically incorporated herein by this reference and
attached hereto as Appendix A.
6) Prior to offering any units for sale the developer must comply
with section 15.104 of the Ashland Municipal Code
7) Conversion of existing rental units into for-purchase housing
shall comply with the tenant rights provisions under Chapter
10.115 of the Ashland Municipal Code.
8) For the purposes of sections 18.28.020 and 18.28.040, existing
multi-family rental units are defined as dwelling units designed
to house multiple households within one or more structures
on a single property that were constructed and occupied prior
to the effective date of this ordinance. Multi-family rental units
constructed after the effective date of this ordinance are not
subject to the provisions of Chapter 18.28.040 (L).
SECTION 7. Section 18.108.030 A., of the Ashland Municipal Code, paragraph
8 is hereby amended and a new paragraph 9 is added to reflect a new Staff
decision:
8. Conversion of existing rental units into for-purchase housing
(18.24.020, 18.28.020) Other planning actions not otherwise listed or
designated ac a Type I, II or Ill procedure.
9. Other planning actions not otherwise listed or designated as a
Type I, I1 or Ill procedure.
SECTION 8 Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 9. Savings Clause. Notwithstanding this amendment/repeal, the
City ordinances in existence at the time any criminal or civil enforcement or other
actions were commenced, shall remain valid and in full force and effect for
purposes of all cases filed or actions commenced during the times said
ordinance(s) or portions thereof were operative.
CONDO CONVERSION ORDINANCE AMENDMENT 7 of 8
SECTION 10. Codification. Provisions of this Ordinance shall be incorporated
in the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-lettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 5-7) need not be codified.
The foregoing ordinance was first read by itle only in ac •rdance with Article X,
Section 2(C) of the City Charter on the c/ day of Ir % J., , 2007,
and duly PASSED and ADOPTED this day of J' artz, , 2007.
/ i .~ .
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 3 day of da -i', 2007.
-viewed as to form:
Ric • n rd Appi -II ~,~, ' cting City Attorney
r
CONDO CONVERSION ORDINANCE AMENDMENT 8 of 8