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Home My WebLink About2942 Condo Conversion ORDINANCE NO. A11tJ- 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: J. Condominium conversion of existing rental unite eubject to a Type I procedure :lnd demom:tration that at Jeaet 25% of the residential units are affordable for moderate income pereons in accord with the standarde eetablished by resolution of the /\ehland City Council through proceduree contained in said reeolution. Current reeidents of rental unite proposed for convercion to condominiume shall have firet right of refueal to purchaee 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 10f8 Table 1 Affordable Affordable Rentals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 18.24.040.L.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 anyone 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 20f8 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.Al 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 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 18.24.040 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 30f8 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 convereion of mcieting rental units subject to a Type I procedure and demonstration that at leaet 25% of the residential units are affordable for moderate income pereons in accord with the standarde established by resolution of the .^.shland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall have first right of refusal to purchase 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 40f8 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 1 Affordable Affordable Rentals(per Ownership (per Section Number of Dwelling Market Rate Section Market rate 18.28.040.L.5 Units on Tax Lot Ownership 18.28.040.L.5.B rentals .Al 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 anyone 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 50f8 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.Al 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 60f8 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 as a Type I, II or III procedure. 9. Other planning actions not otherwise listed or designated as a Type I, II or III 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 70f8 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-Iettered, 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 ~tle only in aeith Article X, Section 2(C) of the City Charter on the &/ day of ,2007, and duly PASSED and ADOPTED this 1 day of , 2007. - ~)/[~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this 3 day of ~2007. ~ 'k L- , Mayor CONDO CONVERSION ORDINANCE AMENDMENT 80f8