The 300 Measure on the Ballot - verbatim
ORDINANCE 8475 AN ORDINANCE SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOULDER AT THE GENERAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2021, THE QUESTION SUBMITTED AS AN INITIATED ORDINANCE
WHETHER THE CITY OF BOULDER SHALL EXPAND ACCESS TO HOUSING BY ALLOWING ALL HOUSING UNITS TO BE OCCUPIED BY A NUMBER OF PEOPLE EQUAL TO THE NUMBER OF LEGAL BEDROOMS, PLUS ONE ADDITIONAL PERSON PER HOME
PLEASE NOTE: The above means that any home can be divided into several 70 sq ft bedrooms; each can be rented out separately. Plus one means that for n bedrooms (n+1) persons can live in that home
ROVIDED THAT RELEVANT HEALTH AND SAFETY CODES ARE MET; SETTING FORTH THE BALLOT TITLE; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS.
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, 12 COLORADO:13 14 Section 1. On June 4, 2021, a petition committee presented a petition with sufficient 15 signatures of registered electors to initiate a vote on proposed amendments to the Boulder 16 Revised Code pursuant to Section 39 of the Boulder Home Rule Charter. Under Charter Section 17 40, the City Council is required to set the ballot title for the proposed amendment. 18
Section 2. A general municipal coordinated election will be held in the City of Boulder, 19 County of Boulder and State of Colorado, on Tuesday, November 2, 2021. 20 21
Section 3. At that election, there shall be submitted to the electors of the City of Boulder 22 entitled by law to vote the question of making the amendment to the Boulder Revised Code 23 proposed by the petition committee with the following ballot title, which shall also be the 24 designation and submission clause for the measure:
Ballot Question No. 300 Shall the City of Boulder expand access to housing by allowing all housing units to be occupied by a number of people equal to the number of legal bedrooms, plus one additional person per home, provided that relevant health and safety codes are met?
For the Measure / Against the Measure
PLEASE NOTE: The above means that any home can be divided into several 70 sq ft bedrooms; each can be rented out separately. Plus one means that for n bedrooms (n+1) persons can live in that home
Section 4. If a majority of all the votes cast at the election on the measure submitted are for the measure, the measure shall be deemed to have passed and the Boulder Revised Code shall be amended as follows: 9-8-5. - Occupancy of Dwelling Units. (a) General Occupancy Restrictions: Subject to the provisions of Chapter 10-2, "Property 12 Maintenance Code," B.R.C. 1981, no persons except the following persons shall occupy a dwelling unit: (1) Members of a family plus up to two additional persons;. Quarters that roomers use shall not exceed one-third of the total floor area of the dwelling unit and shall not be a separate dwelling unit or;
Up to the number persons equal to the number of legal bedrooms, plus one additional person per dwelling unit.
For the purposes of this subsection, unless the context is otherwise required, “Bedroom” 19 must meet all requirements defined in the Title 10 Chapter 5.5 - Residential Building 20 Code including but not limited to the following: (A) Must have 70 square feet of floor space; 21 (B) Must have a minimum of 7 feet in at least one direction; (C) Must have its own access to a hallway or communal space; 22 (D) Must have two points of egress; (E) Must have at least one window; 23 (F) Must have a source of heat; (G) Garages, kitchens, bathrooms, and one living room per dwelling unit are 24 deemed not to be bedrooms for the purposes of this definition. 1 (b) Attached Accessory Dwelling Unit, Detached Accessory Dwelling Unit, or Limited Accessory Dwelling Unit: The occupancy of an attached accessory dwelling unit, 2 detached accessory dwelling unit, or limited accessory dwelling unit must meet the requirements of Subsection 9-6-4(a), B.R.C. 1981. 3 (c) Nonconformity: A dwelling unit that has a legally established occupancy higher than the 4 occupancy level allowed by Subsection (a) of this section may maintain such occupancy of the dwelling unit as a nonconforming use, subject to the following: 5 (1) The higher occupancy level was established because of a rezoning of the property, an ordinance change affecting the property, or other city approval; 6 (2) The rules for continuation, restoration, and change of a nonconforming use set 7 forth in Chapter 9-10, "Nonconformance Standards," B.R.C. 1981, and Section 9- 2-15, "Use Review," B.R.C. 1981; 8 (3) Units with an occupancy greater than four unrelated persons shall not exceed a total occupancy of the dwelling unit of one person per bedroom; 9 (4) The provisions of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981; and (5) If a property owner intends to sell a dwelling unit with a non- 10 conforming occupancy that exceeds the occupancy limits in Subsection 9-8-5(a), B.R.C. 1981, every such contract for the purchase and sale of a dwelling unit shall 11 contain a disclosure statement that indicates the allowable occupancy of the dwelling unit. 12 (d) Cooperative Housing License: A dwelling unit licensed as a cooperative housing unit 13 pursuant to Section 10-11-3 "Cooperative Housing Licenses," B.R.C. 1981, shall not be subject to the occupancy limits or any exceptions as set forth in this section; and an 14 attached accessory dwelling unit or detached accessory dwelling unit licensed with such 15 dwelling unit as a cooperative housing unit shall not be subject to the occupancy standards of Subparagraph 9-6-4(a)(1)(A)(ii), "Occupancy Requirements," B.R.C. 1981. All such 16 dwelling units together with any attached accessory dwelling unit or detached accessory dwelling unit so licensed shall be limited to no fewer than four occupants with the 17 maximum number of occupants, without regard to whether the occupants are related or not, as follows: 18 (1) In the RR, RE and RL zone districts to no more than twelve occupants, provided, however, that occupancy shall not exceed more than one person per two hundred 19 square feet of habitable space; (2) In all other zone districts to no more than fifteen occupants, provided, however, 20 that occupancy shall not exceed more than one person per two hundred square feet of habitable space; and 21 (3) The city manager may authorize a greater number of occupants in any 22 cooperative housing unit that is deed restricted as permanently affordable if the planning board after a public hearing recommends a greater number. Before 23 making any such recommendation, the planning board shall consider the potential impacts on the surrounding community, the number of residents proposed, the 24 proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative. 1 (e) Prohibition: No person shall occupy a dwelling unit or accessory unit in violation of this section or intentionally or negligently misrepresent the permitted occupancy of a 2 dwelling unit or accessory unit in violation of this section. 3 Section 5. This ordinance is necessary to protect the public health, safety, and welfare of 4 the residents of the city, and covers matters of local concern. 5 Section 6. The City Council deems it appropriate that this ordinance be published by title 6 7 only and orders that copies of this ordinance be made available in the office of the city clerk for 8 public inspection and acquisition. 9 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY 10 TITLE ONLY this 20th day of July 2021. 11 12 Sam Weaver, 13 Mayor 14 Attest:
Elesha M. Johnson, City Clerk,
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August 19 2021.
Sam Weaver,
Mayor
Attest:
Elesha M. Johnson, City Clerk
The ballot measure (fully given in the link above) is deceptive. It pretends as if "300" will solve our housing problems, that it will increase our housing stock by one simple stroke.
But this is what it would do: It would allow ANY HOME to be divided into as many 70 sq ft bedrooms as possible. Each bedroom will be rented out separately. Plus one means that for n bedrooms (n+1) persons can live in that home
Our neighborhoods will be decimated.
Our neighborhoods represent different periods of our history. That is why they hug Broadway up and down foothills and along Baseline. Mapleton, Downtown, University Hill, Martin Acres, Table Mesa appear prominently (highlighted in yellow in the Zoning map at the next link). They are our history. They are protected through RL-1 zoning.
Make no mistake, the hidden agenda of the 300 initiative is to undo RL-1 zones. The initiative is funded by out of state landlords, as docmented in a letter to the Daily Camera a week or so ago.
Our community is Boulder is being tested. The activism is inspiring unity and bringing us closer together. Let us cherish this fight and seek to win.