SEC. 167. PARKING COSTS SEPARATED FROM HOUSING COSTS IN NEW RESIDENTIAL BUILDINGS.

(a) All off-street parking spaces accessory to residential uses in new structures of 10 dwelling units or more, or in new conversions of non-residential buildings to residential use of 10 dwelling units or more, shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to the owners or renters of two bedroom units, and then to the owners or renters of other units. Renters or buyers of on-site inclusionary affordable units provided pursuant to Section 415 et seq. shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units, and at a price

determined by the Mayor’s Office of Housing and Community Development (MOHCD), subject to procedures adopted by the Planning Commission notwithstanding any other provision of Section 415 et seq.

(b) Exception. The Planning Commission may grant an exception from the requirements in subsection (a) for projects which include financing for affordable housing that requires that costs for parking and housing be bundled together.

(c) Affordable Unit Resale Exemption. For the initial sale, Affordable Units that are both On-site Units and Owned Units, as defined in Section 401, must be offered for sale separate from parking spaces pursuant to subsection (a), subject to the exception provided in subsection (b). Where the initial sale of such a unit included a parking space, the requirement of subsection (a) that parking be sold separately from the unit shall not apply to any future resale of such unit and parking space.

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 112-08, File No. 080095, App. 6/30/2008; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024)

AMENDMENT HISTORY

Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013. Divisions (a) and (b) amended; division (c) added; Ord. 258-24, Eff. 12/15/2024.

SEC. 168. [REPEALED.]

(Added by Ord. 233-05, File No. 050829, App. 9/30/2005; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 53-17, File No. 161353, App. 3/17/2017, Eff. 4/16/2017)