22 C20-2024-010 - UNO Update - Working Draft Ordinance — original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ORDINANCE NO. _________________ AN ORDINANCE AMENDING CHAPTER 4-18 OF CITY CODE RELATED TO DENSITY BONUS AND INCENTIVE PROGRAMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 4-18-25 (Certification) is amended to amend Subsection (F) to read: § 4-18-25 CERTIFICATION. (F) For developments with one or more affordable units, the agreement required in Subsection (C) must, at a minimum: (1) include the applicable affordability requirements; (2) prohibit discrimination on the basis of an individual's source of income as defined in Section 5-1-13 (Definitions), (3) require dispersion of affordable units throughout the residential units; (4) require equal access and use of on-site amenities, common areas, and parking facilities; (5) require shared access routes for affordable units and market-rate units; (6) (7) (8) (9) require that affordable units include interior components that are functionally equivalent to market-rate units; limit the use of an affordable unit as a Type 2 or Type 3 short-term rental (STR); require the applicant to incorporate lease provisions that are consistent with a tenant's right to organize under 24 C.F.R. 245.100, the lease addendum required as a condition to receive City of Austin Housing Finance Corporation funds, or City Code requirement; and if applicable, address any obligations described in Division 2 (Redevelopment Requirements) and Division 3 (Density Bonus Specific Additional Requirements)[, if applicable]. Draft 5/9/2025 Page 1 of 3 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update1 of 340 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 PART 2. Article 2 (Density Bonus and Incentive Programs), Chapter 4-18 (General Permitting Standards) of City Code is amended to add a new Division 3 to read as follows: Division 3. Density Bonus Specific Additional Requirements § 4-18-34 DENSITY BONUS UNIVERSITY NEIGHBORHOOD OVERLAY (DBUNO) REQUIREMENTS. (A) This section applies to a development that requires on-site affordable units and is zoned with Density Bonus University Neighborhood Overlay (DBUNO) combining district. (B) The agreement required in Section 4-18-25 (Certification) must also include the following: (1) Decoupled Parking. Parking must be rented or sold separately from the affordable unit. Parking for an affordable unit may be rented or sold if the cost of parking is optional and is rented or sold separately. (2) Early Leasing Restrictions. A lease for a dwelling unit shall include an effective date for commencement of lease term not earlier than 180 days prior to move-in date or earliest date tenant may take possession of the dwelling unit. (3) Delayed Move-In Provision. A lease for dwelling unit shall provide tenant: (a) option to terminate lease without penalty prior to the effective date for commencement of lease terms; and (b) option to elect either of the following remedies: (i) (ii) receive compensation equal to pro-rata daily rent amount for a move-in delay if the dwelling unit is not ready due to ongoing construction or repairs; or receive reimbursement for expenses incurred in obtaining alternate housing, including daily cost of alternate housing for the period of move-in delay, plus reimbursement of expenses incurred for meals and moving and storage of tenant property. Reimbursement for expenses incurred, not including daily cost of alternate housing, may not exceed $6,000.00. Draft 5/9/2025 Page 2 of 3 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update2 of 381 82 83 84 85 86 87 88 89 90 91 (iii) ALTERNATE HOUSING shall mean hotel room, motel room, short-term rental, or rental of a dwelling unit. (4) Exterior Windows. A dwelling unit shall include an exterior window in each designated bedroom. (C) All buildings shall achieve a two-star or greater rating under the Austin Energy Green Building program using the applicable rating version in effect at the time a rating registration application is submitted for the building. PART 3. This ordinance takes effect on _________________________, 2025. Draft 5/9/2025 Page 3 of 3 COA Law Department Working Draft - Subject to Change22 C20-2024-010 - UNO Update3 of 3