City of Golden

homes” as defined by Golden Municipal Code section 18.04.240020

Section 9. Section 18.70.040, titled “Administration of this chapter,” is hereby amended to read in full as follows with deletions shown in bold, strikethrough text:

18.70.040 Administration of this chapter.

(1) Planning commission and city council may adopt rules as necessary to administer this chapter.

(2) Calculations performed in the administration of this chapter shall be rounded downward for all partial numbers.

Section 10. Subsection (1) of Section 18.70.050, titled “General provisions,” is hereby amended to read as follows with additions shown in bold, underlined text:

(1) Allocation required for a building permit.

(a) Except as otherwise provided in this chapter, an allocation is required as a condition precedent to the issuance of a building permit which will result in the creation of a new dwelling unit. For structures containing more than one dwelling unit, one allocation for each dwelling unit in the structure is required as a condition precedent to issuance of a building permit for such structure. A dwelling unit may be replaced with another dwelling unit without obtaining an allocation, provided that the replacement unit is located on the same parcel, tract, or lot, and a building permit to replace the dwelling unit is obtained within 12 months. The planning commission may, at their discretion, extend this period of time an additional 12 months upon request of the applicant and a finding of good cause.

(b) Except as otherwise provided in this chapter, for a congregate living use, one allocation shall be required for each dwelling unit equivalent as a condition precedent to the issuance of a building permit for a structure containing such use; provided, however, if the total number of bedrooms in a congregate living use is not divisible by two, the number of allocations required for the congregate living use shall equal the total number of bedrooms divided by two and rounded up to the nearest whole number.

Section 11. Section 18.70.060, titled “Available allocations,” is hereby amended to read in full as follows with additions shown in bold, underlined text:

18.70.060 Available allocations.

(1) In January of each year city council shall determine by resolution the number of allocations which will be available for issuance and use during that year. The annual resolution shall assign a sufficient number of allocations directly for satisfaction of a previous reapportionment request granted to a transit-oriented project or affordable dwelling unit project by city council under subsection 18.70.020(3), and for a project(s) whose banking plan(s) included a planning commission recommendation for commitment of future allocations, if city council approves such commitment. The resolution shall then assign those remaining available allocations to the “open pool”, “moderate income housing pool”, and “hardship pool”, and determine the number of allocations within each such pool as will be available for the respective allocation periods.

(2) The total number of allocations available for issuance and use during each calendar year shall be equal to one percent of the number of dwelling units and dwelling unit equivalents which are estimated to exist in the city on December 31 of the prior calendar year, except that for the six-year period from 2015 through 2020, the overall number of allocations made available in aggregate shall be reduced such that the total number of allocations utilized during said six-year period shall not exceed an annual average increase of ninetenths percent, with an appropriate final adjustment, if necessary, being made to the annual resolution for calendar year 2020.

(a) The number of dwelling units and dwelling unit equivalents which exist in the city on December 31 of the prior year shall be estimated as follows:

1. Begin with the number of dwelling units and dwelling unit equivalents in the city which existed at the beginning of the previous calendar year.

2. Add the number of new dwelling units and dwelling unit equivalents for which building permits were issued during the previous calendar year which required an allocation for issuance.

3. Add the number of allocations secured by, or assigned to, previously exempted projects or dwellings during the previous calendar year.

4.Add the number of dwelling units and dwelling unit equivalents added to the city by reason of annexations during the previous calendar year.

5. Subtract the number of dwelling units and dwelling unit equivalents which were destroyed (and not replaced within 12 months), abandoned or otherwise ceased to be used as such during the prior calendar year.

6. Subtract the number of dwelling units and dwelling unit equivalents for which building permits had previously been issued, but which expired in the previous year without issuance of a certificate of occupancy.

(3)If the calculation of available allocations results in a partial number, the number shall be rounded down to establish the available allocations.

Section 12. The fifth sentence of Sub-subsection (b) of

Subsection (3) of Section 18.70.100, titled “Issuance of allocations,” is hereby amended to read as follows with additions shown in bold, underlined text and deletions shown in bold, strikethrough text:

Any aggrieved party may appeal the director’s decision following the appeal process and procedure set forth in section 18.12.040 chapter 18.12 of the Golden Municipal Code.

Section 13. Section 18.70.110, titled “Banking of allocations,” is hereby amended to read in full as follows with additions shown in bold, underlined text and deletions shown in bold, strikethrough text:

18.70.110 Banking of allocations.

Notwithstanding any other provisions of this chapter, the period of validity of an allocation may be extended through, and the allocation may be used in subsequent allocation periods upon approval by the city as provided in this section. The process of extending the period of validity of allocations in this section is referenced as “banking of allocations”.

(1) Banking of allocations will be permitted in the following circumstances only:

(a) The director of community and economic development shall approve an application for banking of allocations for multifamily or congregate living use projects if the number of dwelling units or dwelling unit equivalents (as applicable) to be banked corresponds to that found in an entire building or buildings in the project, and if the allocations are proposed to be used within the same calendar year as the initial award of allocation.

(b) The planning commission may approve a banking plan for multifamily or congregate living use projects for the purpose of banking beyond the end of a calendar year, upon a finding that building configuration, site constraints, or infrastructure phasing reasonably require that a larger increment of the development be built at one time.

(c) The planning commission may approve a banking plan for single household residential projects upon a finding that building configuration, site constraints, or infrastructure phasing reasonably require that a larger increment of the development be built at one time.

(2) Application for banking of allocations shall be made at or before the time of the allocation application. The application shall set forth a banking plan which includes the total number of dwelling units or dwelling unit equivalents (as applicable) in the project, the number of allocations sought to be banked, the time period during which the validity of allocations is proposed for extension, and the reason therefore.

(3) For applications submitted under subsection (1)(b) of this section, the planning commission shall determine at a hearing upon reasonable notice to the public, as provided in sections 17.30.050 18.48.030 and 18.48.040, whether or not banking, as requested, is appropriate as provided in this section.

(4) A nonrefundable fee shall be assessed in conjunction with each approved multiyear banking plan to cover the cost of the city administering banking plans. The fee shall be set by city council by resolution and shall be based upon the number of dwelling units or dwelling unit equivalents in the approved banking plan. The fee shall be payable on a pro rata (per unit) basis at the time of distribution of allocations to the banking plan. Failure to pay any installment of the fee within 30 days of distribution of allocations to the banking plan shall cause a forfeiture of such allocations.

(5) A party aggrieved by the decision of the planning commission or the director of community and economic development with respect to an application to bank allocations may appeal the decision to city council following the same procedure outlined in subsection 18.70.030(8).

(6) Requests for banking of allocations beyond the end of the calendar year of the application shall be subject to the following conditions:

(a) The maximum number of years in which allocations may be acquired pursuant to any banking plan of allocations shall be five. All allocations acquired within the banking period must be used during this time period.

(b) The maximum number of allocations which may be in the bank at any one time during the banking program shall not exceed the total number of allocations available in the city in the first year of approval of said banking.

(c) Banking plans will be approved only for a number of dwelling units or dwelling unit equivalents which correspond to that found in an entire building or buildings in the project.

(d) Subject to city council’s annual distribution of allocations pursuant to section 18.70.060 of this chapter, planning commission may recommend a commitment of future allocations to an approved banking plan project. Such commitment shall not bind city council’s action, but shall serve to be an indication of support for a specific project.

(7) Surrendered or forfeited allocations distributed to an approved banking plan from calendar years prior to the year during which they are surrendered or forfeited shall be deemed to have expired and shall not be available for distribution. Surrendered or forfeited allocations distributed to an approved banking plan in the same calendar year in which they are surrendered or forfeited shall be made available for redistribution in accordance with the applicable provisions of this ordinance.

(8) The planning commission, may, upon a show of good cause, approve an extension of up to one year to an existing banking plan, to allow use of the banked allocations. The holder of the allocations may not acquire further allocations during the period of such extension.

(9) For the purpose of defining the total number of available allocations as described in subsection 18.70.060(2), the total number of dwelling units and dwelling unit equivalents in the city shall not include banked allocations which have not received building permits.

(10) An applicant banking allocations within the same calendar year, according to the conditions of subsection 18.70.110(1)(a), shall notify the director of community and economic development in writing within ten days after the allocations are granted of the number of allocations being banked and the reasons therefore.

(11) The annual reports to planning commission and city council pertaining to the administration of this chapter 18.70 shall include information regarding the number of banked allocations approved in the current year, used in the current year, and the total number of banked allocations by individual project.

(12) Approval of a “banking plan” shall not constitute a “vested right” to develop the project under C.R.S. 2468-101, or otherwise.

Section 14. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 15. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

Section 16. This ordinance is deemed necessary for the protection of health, welfare and safety of the community.

Section 17. The repeal or modification of any provision of the Municipal Code of the City of Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Section 18. Codification Amendments. The codifier of the City’s Municipal Code, Municode, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this ordinance within the Golden Municipal Code. Section 19 Effective Date. This ordinance shall become effective five (5) days after publication following final passage in accordance with Section 5.9 of the Charter for the City of Golden, Colorado.

INTRODUCED, READ AND PASSED AS AN ORDINANCE, ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE 28TH DAY OF FEBRUARY, 2023.

READ, PASSED AND ADOPTED AS AN ORDINANCE ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE 14TH DAY OF MARCH, 2023.

Laura M. Weinberg, Mayor

ATTEST: Monica Mendoza, City Clerk APPROVED AS TO FORM:

Kathie B. Guckenberger, City Attorney I, Monica S. Mendoza, City Clerk of the City of Golden, Colorado, do hereby certify that the foregoing ordinance was introduced on first reading and read at a regular business meeting of the City Council of said city, held on the 28th day of February, 2023 and was published as a proposed ordinance on the city website as the law directs seven days or more prior to its passage. A public hearing was held on the 14th day of March, 2023, and the said proposed ordinance was read on second reading. The ordinance was passed by the City Council and ordered published on the City of Golden website, as the law directs on the 14th day of March, 2023.

Witness my hand and official seal of the City of Golden, Colorado, on the 14th day of March, 2023.

ATTEST: MONICA S. MENDOZA Monica S. Mendoza, City Clerk of the City of Golden, Colorado

Legal Notice No. 415993

First Publication: March 23, 2023

Last Publication: March 23, 2023

Publisher: Golden Transcript

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