Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: May 7, 2026 Agenda Title Second reading and consideration of a motion to adopt Ordinance 8745, amending Title 7, “Vehicles, Pedestrians, and Parking,” Title 9, “Land Use Code,” and Title 10, “Structures,” B.R.C. 1981, to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards; and setting forth related details

Staff Contact • •

Lisa Houde, Principal Planner, Planning & Development Services Brad Mueller, Director, Planning & Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8745, amending Title 7, “Vehicles, Pedestrians, and Parking,” Title 9, “Land Use Code,” and Title 10, “Structures,” B.R.C. 1981, to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards; and setting forth related details.

Executive Summary The purpose of this item is to amend Titles 7, 9, and Title 10 to address miscellaneous topics, such as fixing errors, simplifying language or code organization, and addressing issues that have emerged after a few years of implementing previous ordinances. First reading of the ordinance occurred on April 16, 2026. One question asking for clarification regarding the Planning Board recommendation was asked and two council members expressed support for the ordinance remaining as originally presented.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, the ordinance would be adopted and would go into effect 30 days after the adoption date.

Define and adopt a modified motion

Council would need to define any desired modifications to the ordinance and/or to the draft motion language.

Deny the motion or take no action

If this motion is denied, no amendments would be made to Titles 7, 9, and 10 related to these topics.

Refer back to staff

If council refers this item back to staff for additional work, the ordinance would not be adopted, and other work plan item projects would need to be delayed to accommodate additional work on this omnibus code amendment.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area   

Livable Responsibly governed Economically vital

Citywide Strategic Plan Strategy #12: Implement organizational and financial best practices to continuously improve asset management, customer experience, and project and program performance. Strategy #14: Enhance collaborative efforts to support an inclusive, healthy, sustainable, and resilient local economy that builds on core economic strengths, promotes economic mobility, and aligns with community values and priorities. Strategy #15: Streamline processes for housing, parking, infrastructure, land use, and events that tie directly to priority community outcomes. Staff Notes This omnibus code amendment incorporates a number of changes that improve the efficiency of code administration and support a livable, responsibly governed, and economically vital community.

Alignment with Additional City Plans The ordinance will implement the following applicable policies from the Boulder Valley Comprehensive Plan: Built Environment Policy 2.10: Preservation & Support for Residential Neighborhoods The city will work with neighborhoods to protect and enhance neighborhood character and livability and preserve the relative affordability of existing housing stock. The city will also work with neighborhoods to identify areas for additional housing, libraries, recreation centers, parks, open space or small retail uses that could be integrated into and supportive of neighborhoods. The city will seek appropriate building scale and compatible character in new development or redevelopment, appropriately sized and sensitively designed streets and desired public facilities and mixed commercial uses. The city will also encourage neighborhood schools and safe routes to school. Economy Policy 5.03: Diverse Mix of Uses & Business Types The city and county will support a diversified employment base within the Boulder Valley, reflecting labor force capabilities and recognizing the community’s quality of life and strengths in a number of industries. The city values its industrial, service and office uses and will continue to identify and protect them. The city will evaluate areas with non-residential zoning to ensure the existing and future economic vitality of Boulder while responding to the needs of regional trends and a changing global economy. Economy Policy 5.05: Support for Local Business & Business Retention The city and county value the diverse mix of existing businesses, including primary and secondary employers of different sizes, in the local economy. Nurturing, supporting and maintaining a positive climate for the retention of existing businesses and jobs is a priority. The city recognizes the vital role of small, local and independent businesses and non-profits that serve the community and will balance needs of redevelopment in certain areas with strategies that minimize displacement of existing businesses and create opportunities for startups and growing businesses. The city will continue to proactively analyze trends in market forces to shape its activities, plans and policies regarding local business and business retention. The city and county will consider the projected needs of businesses and their respective employees, such as commercial and office space, when planning for transportation infrastructure, programs and housing.

Economy Policy 5.06: Affordable Business Space & Diverse Employment Base The city and county will further explore and identify methods to better support businesses and non-profits that provide direct services to residents and local businesses by addressing rising costs of doing business in the city, including the cost of commercial space. The city will consider strategies, regulations, policies or new programs to maintain a range of options to support a diverse workforce and employment base and take into account innovations and the changing nature of the workplace. Economy Policy 5.14: Responsive to Changes in the Marketplace The city recognizes that development regulations and processes have an impact on the ability of businesses to respond to changes in the marketplace. The city will work with the local business community and residents to make sure the city’s regulations and development review processes provide a level of flexibility to allow for creative solutions while meeting broader community goals. This could involve modifying regulations to address specific issues and make them more responsive to emerging technologies and evolving industry sectors. Local Governance & Community Engagement Policy 10.01: HighPerforming Government The city and county strive for continuous improvement in stewardship and sustainability of financial, human, information and physical assets. In all business, the city and county seek to enhance and facilitate transparency, accuracy, efficiency, effectiveness and quality customer service. The city and county support strategic decision-making with timely, reliable and accurate data and analysis.

City Council History This item is not related to a city council priority. However, staff periodically reviews the code to identify and address issues or inconsistencies, to ensure that the Land Use Code is administered and enforced in a manner consistent with the intent and goals of the city. While sometimes these projects are limited to clean-up items, this omnibus code amendment also contains some substantive changes. First reading of this ordinance occurred on April 16, 2026.

Planning Board Recommendation Ordinances changing the Land Use Code require Planning Board recommendation to City Council. On March 24, 2026, Planning Board reviewed Ordinance 8745 and

recommended approval of the ordinance, with one amendment, to Council with the following motion: C. Hanson Thiem made a motion seconded by M. McIntyre. Planning Board recommends that City Council adopt Ordinance 8745, amending Title 9, “Land Use Code,” and Title 10, “Structures” to fix errors, clarify existing code, and amend certain height, use, form and general land use code standards, and setting forth related details. The planning board voted 7-0. Motion passed, as amended by L. Kaplan’s motion to amend. L. Kaplan made a Motion seconded by ml Robles to amend the main motion as follows: Planning Board recommends that the proposed code update to allow a height modification for buildings with up to three stories in certain use categories should include a requirement and mechanism for paying an equivalent community benefit as currently exists in the code for projects seeking height modifications. The planning board voted 6-1. Motion passed. Height Modification for Certain Three-Story Buildings Staff offers the following options in response to Planning Board’s recommendation: 1. City Council could reconsider the proposed height modification for certain three-story buildings as recommended by Planning Board as part of a separate work effort. Staff considers the change recommended by Planning Board to be significant and complex enough that a separate study would be required. If Council wishes to move forward with this, staff recommends removing the proposed amendment to 9-2-14(b) from Ordinance 8745 that allows height modification requests for three-story buildings to accommodate uses in the community, cultural, and educational use category or the recreation or entertainment use category, and directing staff to initiate a separate work plan item where this can be more thoroughly studied. Community benefit requirements were added to the Land Use Code in 2019 as a 2018-2019 City Council work program priority. The community benefit requirements adopted at that time were informed by an economic analysis to ensure the program requirements were feasible under market conditions at the time and that the amount of community benefit (either as on-site permanently affordable units, cash in lieu, or capital facility impact fees for non-residential uses) were appropriately calibrated to the defined “bonus floor area.” A second phase of the community benefit project was undertaken in 2021 that would have established additional community benefit options, such as below market rate rent commercial space, space for arts and cultural uses, and space for human services. However, Council ultimately chose not

to adopt that ordinance at the time, finding that permanently affordable units and funding for affordable housing were paramount. All previous studies related to height modifications and community benefit focused on buildings with fourth and fifth stories. Additional economic analysis would need to be completed in order to implement Planning Board’s recommendation. 2. City Council could maintain the ordinance language as originally presented by staff to Planning Board, which would allow three-story buildings designed for uses in the community, cultural, and educational use category or the recreation or entertainment use category to request approval of higher buildings through a site review height modification. Since these would be three-story buildings (though over the zoning district height limit in feet), community benefit would not be required. This is similar to how large volume industrial spaces and hospitals are currently eligible to request height modifications. 3. Amend the ordinance by selecting fewer use types to which this height modification option would apply. For reference, the use types within each subject use category are listed below. Community, Cultural, and Educational Use Category  Cemetery  Club or lodge  Community services  Governmental facility  Hospital  Museum  Open space, park, and recreation use  Private college or university  Private elementary, middle, or high school  Public college or university  Public elementary, middle, or high school  Religious assembly  Specialized instruction facility

Recreation and Entertainment Use Category  Art studio or workshop  Campground  Indoor athletic facility  Indoor commercial recreation  Outdoor recreation or entertainment  Small theater or rehearsal space  Temporary event

Other Planning Board Topics of Interest Planning Board also noted interest in future amendments to consider: 

Allowing separate utility service for accessory dwelling units.

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Determining whether minimum accessibility requirements need to be added for properties providing no parking spaces. Modifying parking dimensional standards. Reorganizing site review threshold table columns and considering removing minimum requirements. Considering additional flexibility on plumbing requirements in accessory structure definition.

Analysis Background The proposed changes were identified during land use review processes where implementation of the code raised issues, where code language resulted in unintended consequences, or where errors were found. Some are substantive changes to address discrete issues with previous ordinances. Staff gathers a list of these issues and every few years compiles an ordinance to update the code accordingly.

Summary of Proposed Changes in Ordinance 8745 The annotated ordinance can be found in Attachment A. Footnotes are provided in the ordinance to describe the purpose of each change. The proposed ordinance is found in Attachment B. The updates generally consist of:    

Corrections. Corrects inaccuracies, such as incorrect citations. Clarifications. Updates that make the code language or organization clearer. Consistency. Updates to ensure consistency with state requirements or existing city practices. Lessons learned. Addresses issues that have emerged through implementation of previous ordinances to several development projects and proposals.

Council has passed 25 ordinances in the last five years that have modified the Land Use Code. While several issues have already been addressed through clean-up ordinances in 2025 and 2024, this omnibus amendment incorporates a few additional changes that have emerged through administration of the code. The changes proposed in this omnibus amendment address issues relate to: Use Table and Standards    

9-6-1 and 9-6-5(i): Remove combined floor area limits for office uses 9-6-1, 9-6-5(aa), and 9-16-1: Relocate standard for service of vehicles uses 9-6-3(n): Clarify requirement for accessory dwelling unit utilities 9-6-5(d): Reorganize mobile food vehicle standards and clarify park use

Site Review   

9-2-13: Clarify concept plan exception 9-2-14(b): Clarify footnote in site review threshold table 9-2-14(b): Allow height modification requests for three-story buildings

Small Cell Wireless Updates 

9-6-4(f): Align process with 2025 state bill

AMPS Parking  

7-6-23, 9-9-5, 9-9-6: Allow parking in existing driveways after garage conversion 9-9-6(c): Correct reference for accessible spaces

Clarifications or Miscellaneous       

9-2-15(i): Add fencing to list of site changes allowed with Minor Use Review 9-7-2(c): Remove unique nonresidential side yard upper story setbacks 9-9-12(b): Update scope to align with state landscaping requirements 9-12-12(a): Reorganize standards for underground utilities 9-15-3 and 10-5-2: Update enforcement fees to align with similar case types 9-16-1: Clarify definition of accessory structure to reflect existing practice. Update building coverage definition to align with building permit threshold. Throughout: Correct various errors

Considerations What is the reason for the ordinance and what public purpose will be served? This ordinance fixes errors in the code, clarifies common recent issues, and improves communication of code requirements. The changes will improve the accuracy of the code by correcting typographical errors and by providing clarity where existing provisions have caused confusion. In addition, some discrete substantive issues, such as changes to nonresidential side yard upper story setbacks, allowing height modifications for three-story buildings in Site Review, and allowing parking in existing driveways after garage conversions, have also been included in this ordinance. How is the ordinance consistent with the purpose of the zoning districts or code chapters being amended? The proposed ordinance would affect several different code sections. These changes will improve the comprehension of the code overall, both for customers and code administrators, and may ease review of development applications. It is consistent with the purpose of the zoning districts and code sections being amended.

Are there consequences in not adopting this ordinance? If this ordinance is not passed, clerical errors in the code would not be corrected, and improvements in code clarity would not be adopted. The following substantive changes would also not be implemented:  

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The side yard upper story setbacks is an outdated regulation based on old building code requirements that would remain in place. There would be limited options for certain buildings with high floor-to-ceiling heights, but the same overall height as other buildings, to request height modifications. Homeowners who convert garage parking space to living space would be required to remove driveways that may have existed for decades and allowed parking in most districts. These driveways, if allowed to remain, could provide offstreet parking for vehicles and facilitate on-site electric vehicle charging, among other benefits. Cumbersome combined floor area limitations would remain in most business districts, significantly complicating and lengthening the approval time of business licenses for small office uses trying to locate in existing office buildings or shopping centers. The small cell wireless changes and landscaping scope changes would not be fully aligned with recent state legislation.

What adverse effects may result with the adoption of this ordinance? Adverse effects are not anticipated as a result of these amendments. Staff has intentionally focused primarily on changes that fix errors, clarify existing language, ensure consistency with state requirements, or address areas of improvement related to past ordinances. For the proposed change allowing parking in existing driveways in a landscaped setback, it should be noted that an exception has existed for decades to allow up to two cars to park in the landscaped setback if a property meets its minimum parking requirement. When minimum parking requirements were eliminated in 2025, that language changed to allow the exception if the driveway led to a properly sized parking space outside of the landscaped setback. In many cases, vehicles have historically been permitted to park in these driveways for decades and this code change would not result in a net increase in cars crossing the sidewalk to reach a garage or parking space beyond that existing condition. The consequence of not passing this ordinance and requiring removal of these existing driveways upon garage conversion would be a likely increase in cars parking on the street.

What factors are influencing the timing of the proposed ordinance? Why? While many of the proposed code corrections are relatively minor fixes, the ordinance does include corrections that should be completed as soon as practical to avoid confusion among code users. Some of the changes involve issues that have arisen upon administration of recently adopted ordinances. Staff aims to ensure these corrections are adopted prior to other code change projects this year that may be more comprehensive and substantive. How does the ordinance compare to practices in other cities? For the changes that are primarily minor clarifications and corrections or alignment with state requirements, comparisons to other communities are not instructive. All communities have an interest in keeping their code updated, clear, and accurate. For the more substantive issues, the changes are in line with regulatory approaches in other cities. Combined floor area limits, as well as stringent limits on office uses, are very uncommon in other cities. Many cities do restrict parking in front yard setbacks, but some do not require removal of driveways upon conversion. It is very uncommon to have different upper story setbacks for nonresidential uses that have no setback for the ground floor.

Equity Analysis These are primarily administrative changes, or codification of existing policies that are not expected to create burdens and are intended to have positive impacts. For example: 

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Some of the changes are expected to benefit small businesses, particularly office uses, as the process for obtaining business licenses in business zoning districts would be simplified. Certain public or arts uses may benefit from the opportunity to request a height modification. Property owners who may convert former parking space to living space may benefit from continuing to utilize an existing driveway for on-site parking. This is unlikely to burden neighbors as it is limited to existing driveways.

Fiscal Note This effort is part of the P&DS team’s standard work plan, with associated impacts incorporated into annual revenue forecasts through the Budget Office’s budget development process. The proposed increase to the Building Zoning Code Compliance workgroup’s investigative fees is intended to better align cost recovery with the staff time required to perform enforcement-related activities. These fees are applied only in situations where the investigative action is necessary and are not routine nor predictable in quantity. It

would be applied upon the finding of a violation as a result of the investigation. As such, the fiscal impact of this adjustment cannot be meaningfully quantified, as the city does not track nor project a consistent volume of investigations, nor is there a target or quota for enforcement activity. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885 $15,179,491 $17,735,173

$0 $0 $0

$18,200,885 $15,179,491 $17,735,173

$12,646,701

$0

$12,646,701

122.65

0

122.65

Three-Year Estimated Fiscal Impact

Item Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

FY 2026 $0 $0 $0

FY 2027 $0 $0 $0

FY 2028 $0 $0 $0

Climate, Resilience, and Sustainability Considerations These changes are expected to have a negligible climate impact. The allowance to maintain existing driveways may facilitate easier electric vehicle charging.

Community Engagement Planning staff sent out an update in the March Planning & Development Services newsletter informing the community of the upcoming code changes. As the changes are primarily focused on clarification, and the substantive changes are discrete issues in relation to implementation of previous ordinances, this code change project is implementing an “inform” level of public engagement.

Workplan Considerations This item is included in the Planning & Development Services workplan for 2026. As noted, the recommended change by Planning Board would require significant effort and would need to be separated from this ordinance.

Next Steps for City Council If Ordinance 8745 is adopted on May 7, it will go into effect on June 6, 2026. No further action is necessary from City Council on this project.

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Attachments Attachment A: Annotated Ordinance 8745 Attachment B: Ordinance 8745