Attachment B - Proposed Ordinance 8781

Regular Meeting, October 15, 2026 · item 4H: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8781 amending Title 9, “Land Use Code,… · 11 pages

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ORDINANCE 8781

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AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO ESTABLISH AN AFFORDABLE HOUSING EXPEDITED REVIEW PROCESS AND SETTING FORTH RELATED DETAILS.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,

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COLORADO:

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Section 1. Section 9-2-7, “Development Review Action,” B.R.C. 1981, is amended to read as follows: 9-2-7. Development Review Action.

No development review application will be accepted unless and until it is determined to be complete. Such determination will be made within five days after the submission of the application. The city manager will review the application and provide the applicant with a list of any deficiencies.

(a)

…

(b)

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City Manager Review and Recommendation:

Planning Board Review and Recommendation: Development review applications requiring a decision by the planning board shall be reviewed as follows: (1)

Referral: The city manager shall refer to the planning board any application for a development review which requires a board decision as required by Sections 9-214, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981, and any other application which the manager deems appropriate. Applications for affordable housing expedited review projects shall not be referred to the planning board.

(3)

Appeal and Call-Ups:

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…

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(B)

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…

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Section 2. Section 9-2-13, “Concept Plan Review and Comment,” B.R.C. 1981, is amended to read as follows: 9-2-13. Concept Plan Review and Comment. (a)

Purpose of Concept Plan Review: The purpose of the concept plan review step is to determine a general development plan for the site, including, without limitation, land uses, arrangement of uses, general circulation patterns and characteristics, methods of encouraging use of alternative transportation modes, areas of the site to be preserved from development, general architectural characteristics, any special height and view corridor limitations, environmental preservation and enhancement concepts, and other factors as needed to carry out the objectives of this title, adopted plans, and other city requirements. This step is intended to give the applicant an opportunity to solicit comments from the reviewing authority early in the development process as to whether the concept plan addresses the requirements of the city as set forth in its adopted ordinances, plans, and policies. Comments on a concept plan are not binding but are meant to inform any subsequent site review application. A concept plan review and comment shall not relieve the applicant of the burden to seek approvals for elements of the plan that require review and approval under the Boulder Revised Code.

(b)

Projects Required to Complete Concept Review and Comment: Any applicant for a development that exceeds the "Site Review Required" thresholds set forth in Paragraph 92-14(b)(1), B.R.C. 1981, shall complete the concept review process prior to submitting an application for site review. Projects that do not require site review pursuant to Paragraph 9-2-14(b)(3), "Exceptions," B.R.C. 1981, are not required to complete a concept plan review. Affordable housing expedited review projects are not required to complete the concept review process.

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… Section 3. Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read as follows:

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9-2-14. Site Review.

(a)

Two members of the planning board may call-up an application for review pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that minor use review processes and affordable housing expedited review processes are not subject to call-up by planning board.

Purpose: The purpose of site review is to allow flexibility in design, to encourage innovation in land use development, to promote the most appropriate use of land, to

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improve the character and quality of new development, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space, to ensure compatible architecture, massing and height of buildings with existing, approved, and known to be planned or projected buildings in the immediate area, to ensure human scale development, to promote the safety and convenience of pedestrians, bicyclists and other modes within and around developments and to implement the goals and policies of the Boulder Valley Comprehensive Plan and other adopted plans of the community. Review criteria are established to achieve the following: 1.

Consistency with the Boulder Valley Comprehensive Plan (BVCP): Development projects are consistent with relevant goals and policies of the BVCP, while recognizing that no project must satisfy one particular goal or policy or all of them.

Consistency with Adopted Plans: Development projects are consistent with adopted subcommunity and area plans and design guidelines of the city.

Sustainability: Projects are designed to be sustainable and address greenhouse gas emissions and to prevent or mitigate impacts to the natural environment.

Housing Diversity: Residential projects assist the community in producing a variety of housing types and unit sizes.

Enhanced Site Design: Projects preserve and enhance the community's unique sense of place through creative design that respects historic character and the project's relationship to the natural environment, public realm, and surrounding area. The project provides multi-modal transportation connectivity and promotes use of modes other than the single-occupant vehicles. Site open space enhances the pedestrian experience, is functional, and incorporates high-quality sustainable landscaping. Open space meets the needs of the users of the project.

Enduring Human Scale Building Design: Buildings exemplify high-quality, enduring architecture with facades that are simple and human scaled. Buildings provide pedestrian interest and are consistent with the character established in adopted subcommunity or area plans or design guidelines or, if none apply, are compatible with the character of the surrounding area or improve upon that character.

Community Benefit and Enhanced Building and Site Design for Taller, Larger Buildings: Buildings that are built above the by-right zoning district height limits or floor area ratio maximums as may be approved under the standards of this section provide community benefits identified in the BVCP beyond the underlying zoning. These buildings are compatible in form and massing with the surrounding area and preserve and take advantage of prominent views from the

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site and adjacent public spaces and provide high quality open space that provides relief to the additional height and intensity of the project and the surrounding area.

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… (g)

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… (3)

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Exception: Applications for affordable housing expedited review projects shall not be referred to the Planning Board.

… (i)

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Review and Recommendation: The city manager will review and decide an application for a site review in accordance with the provisions of Section 9-2-6, "Development Review Application," B.R.C. 1981., For applications involving one of the following, except for an application involving the following, which the city manager will refer the application with a recommendation to the planning board for its action:

Planning Board Call-Up: The planning board may call-up any final site review decision by the city manager pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, unless the application is in the affordable housing expedited review process.

… Section 4. Section 9-2-15, “Use Review,” B.R.C. 1981, is amended to read as follows:

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9-2-15. Use Review.

(a)

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…

(d)

…

Purpose: Each zoning district established in Section 9-5-2, "Zoning Districts," B.R.C. 1981, is intended for a predominant use, but other uses designated in Section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, may be allowed by use review if a particular use is demonstrated to be appropriate in the proposed location. Nonconforming uses may be upgraded or expanded under this section if the change would not adversely affect the traffic and the environment of the surrounding area or if the change would reduce the degree of the nonconformity or improve the appearance of the structure or site without increasing the degree of nonconformity. Nonstandard buildings may be changed, expanded or modified consistent with the criteria and standards set forth in this section and Subsection 9-10-3(a), B.R.C. 1981.

Review and Recommendation:

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(3)

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… (l)

Appeals and Call-Ups:

… (2)

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Section 5. Section 9-2-16, “Form-Based Code Review,” B.R.C. 1981, is amended to read as follows: 9-2-16. Form-Based Code Review. (a)

Purpose: The purpose of form-based code review, is to improve the character and quality of new development to promote the health, safety and welfare of the public and the users of the development. The form-based code review regulations are established to create a sense of place in the area being developed or redeveloped and ensure a site and building design that: (1)

Is consistent with the purposes and policies of the Boulder Valley Comprehensive Plan and other adopted plans of the community;

(2)

Creates a fine-grained transportation network that provides safe, convenient, and attractive multi-modal connections;

(1)

Includes transportation connections and outdoor spaces that create attractive, usable amenities around which buildings and site features are organized in a manner that promotes pedestrian activity, a sense of security and community;

(2)

Is compatible with the existing character of the area or the character established in the city's adopted plans and regulations for the area in terms of height, massing, scale, bulk, orientation, configuration, and architecture;

(3)

Results in aesthetically pleasing buildings in that designs are simple and varied, use durable, high quality and natural building materials that create a sense of

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Two members of the planning board may call-up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that decisions in minor use review processes and affordable housing expedited review processes are not subject to call-up by the planning board.

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Reviews by either the city manager or planning board shall be pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981, except that minor use review processes and affordable housing expedited review processes are not subject to call-up by planning board.

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permanence, and provide human scale through the use of building elements and design details, such as contrast, form, window and door placement, color, and materials; and

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(6)

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… (f)

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(3)

Applications for affordable housing expedited review projects may not be referred to or called up by the planning board.

… (o)

Appeals and Call-Ups:

… (2)

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Review and Recommendation:

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Is environmentally sensitive, considers the physical setting, and respects and preserves historic, natural and scenic features.

Two members of the planning board may call up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, unless the application is in the affordable housing expedited review process.

… Section 6. Section 9-2-22, “Affordable Housing Expedited Review,” B.R.C. 1981, is

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added to read as follows:

9-2-22. Affordable Housing Expedited Review

(a)

Purpose: The purpose of this section is to support affordable housing development by expediting review timelines for qualifying affordable housing projects and to maintain eligibility for available Proposition 123 funding.

(b)

Scope: The expedited review is a procedural review option for certain applications for affordable housing development projects and is not a separate application type. Expedited review is available only for development projects with at least 50 percent of all residential units in the development qualifying as affordable housing as defined by Section 29-32-101, C.R.S., “Definitions,” as it may be amended. Under expedited review, the procedures for eligible application types are amended as described in this subsection. All other application requirements and criteria for approval remain applicable. In

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expedited review, a decision shall be made on an application within 90 days of submission of a complete application. The 90-day review period may be extended only pursuant to the standards outlined in subsection (f).

(1)

Review Period: (A)

Start Date: Expedited review starts from the date the city manager determines the applicant submitted a complete application.

(B)

End Date: The date of the decision on the application. A decision may be subject to appeal if so indicated in a section of this code for the decision type. Appeals are not subject to expedited review.

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(c)

Optional Participation: Participation in expedited review is optional. An applicant may opt out of or withdraw from expedited review in writing at any time. A request for vested rights per Section 9-2-20, “Creation of Vested Rights,” B.R.C. 1981, requires a public hearing, and an applicant must opt-out of the expedited review process to establish vested rights per Section 9-2-20, B.R.C. 1981.

Eligibility: The following application types are eligible for expedited review: (1)

Affordable housing design review

(2)

Building permit

(3)

Conditional use

(4)

Expansion or substitution of a nonconforming use

(5)

Final engineering plan or “technical document review” required for construction approval per Section 1.03 of the City of Boulder Design and Construction Standards

(6)

Form-based code review

(7)

Landmark alteration certificate

(8)

Site review

(9)

Use review

(10)

Variance

(11)

Amendment, minor modification, or administrative approval of any of the above applications.

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(d)

Review Process: (1)

Pre-Application: The applicant may not file an application with a request for expedited review unless a pre-application review has been completed. The applicant shall submit a request for an expedited review pre-application meeting and provide the materials required on the application form. Following the filing of the application for pre-application review, the applicant shall attend a preapplication meeting with the city manager.

(2)

Application Requirements: In addition to other documents and information required, the applicant shall submit a sworn certification that at least 50 percent of all residential units in the development qualify as affordable housing as defined by Section 29-32-101, C.R.S., “Definitions,” as it may be amended.

(3)

Completeness Review: No expedited review application will be accepted unless and until the city manager determines it to be complete. Such determination will be made within ten business days after the submission of the application. The city manager will review the application and provide the applicant with a list of any deficiencies of the application, including any additional information that must be supplied. To be considered a complete application and start the review period, the application must include:

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(A)

All documents required to be submitted for the application;

(B)

All information required for a determination on the application under the applicable standards;

(C)

All applicable fees; and

(D)

Any required state or federal permits or approvals.

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(A)

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Exemption from Planning Board Call-Up: Notwithstanding any other requirements in this title, the city manager’s decision is not subject to callup by or referral to the planning board.

(e)

Concurrent Reviews: Eligible applications may be submitted concurrently with another application eligible for expedited review, if practicable, as determined by the city manager.

(f)

Extensions: The 90-day review period is extended in one or more of the following circumstances:

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Review: The city manager shall review and make a decision on an expedited review application pursuant to procedures and standards applicable to the application type, except as modified by this section.

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(1)

Once for an additional 90 days at the request of the applicant;

(2)

To comply with a state law or court order, with the length of the extension to be determined by the law or court order;

(3)

For a review period required by another agency for any component of the application requiring that agency’s approval;

(4)

If the city manager requests additional information or revisions to an application. The length of this extension is the amount of time from the request to the submission of the applicant’s response, plus 30 days. Applicants shall provide such additional information or responses promptly and shall, whenever practicable, provide a response within five business days; or

(5)

Any other circumstance under which an extension may be authorized under C.R.S § 29-32-105, as it may be amended.

Section 7. Section 9-4-2, “Development Review Procedures,” B.R.C. 1981, is amended

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to read as follows:

9-4-2. Development Review Procedures.

(a)

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Development Review Authority: Table 4-1 of this section summarizes the review and decision-making responsibilities for the administration of the administrative and development review procedures described in this chapter. The table is a summary tool and does not describe all types of decisions made under this code. Refer to sections referenced for specific requirements. Additional procedures that are required by this code but located in other chapters are:

(1)

"Historic Preservation," chapter 9-11; and

(2)

"Inclusionary Housing," chapter 9-13.

TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE

Standard or Application Type

… Section 9-2-20: Creation of Vested Rights Creation of Vested Rights >3 years — Section 9-2-20 Section 9-2-22: Affordable Housing Expedited Review Affordable Housing Expedited D(14) Review Section 9-2-22 Section 9-3-6: Floodplain Development Permits

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Staff/City Manager

BOZA

Planning Board

City Council

—

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Floodplain Development Permit D(14) — A CA Section 9-3-6 … KEY: D = Decision Authority CA = Call-Up and Appeal Authority (for City Council, call-up only) R = Recommendation only (A) = Appeal Authority only (n) = Maximum number of days for call-up or appeal

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Section 8. Section 9-16-1, “General Definitions,” B.R.C. 1981, is added to read as follows: 9-16-1. General Definitions. (a)

The definitions contained in Chapter 1-2, "Definitions," B.R.C. 1981, apply to this title unless a term is defined differently in this chapter.

(b)

Terms identified with the references shown below after the definition are limited to those specific sections or chapters of this title:

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(1) (2) (3) (4) (5) (6) (7)

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(c)

Airport influence zone (AIZ). Floodplain regulations (Floodplain). Historic preservation (Historic). Inclusionary housing (Inclusionary Housing). Solar access (Solar). Wetlands Protection (Wetlands). Signs (Signs).

The following terms as used in this title have the following meanings unless the context clearly indicates otherwise:

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… Affordable accessory dwelling unit means a unit for which the rents meet the affordability standard. Affordable housing expedited review means a procedural review option for certain applications for affordable housing development projects pursuant to Section 9-2-22, “Affordable Housing Expedited Review,” B.R.C. 1981. Affordable housing fund means a fund to which contributions collected pursuant to Chapter 9-13, "Inclusionary Housing," B.R.C. 1981, shall be deposited and from which monies shall be expended, solely to construct, purchase, and maintain permanently affordable units and for the costs of administering programs consistent with the purposes of said chapter. (Inclusionary Housing) K:\PLAD\o-8781 1st rdg Establishing an Affordable Housing Expedited Review Process-.docx

…

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Section 9. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern.

Section 10. The city council deems it appropriate that this ordinance be published by title

only and orders that copies of this ordinance be made available in the office of the city clerk for

public inspection and acquisition.

7 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 15th day of October 2026.

10 ____________________________________ Aaron Brockett, Mayor

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Attest: ____________________________________ Elesha Johnson, City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 19th day of November 2026.

18 19 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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