Albany planning commission recommends city council adopt zoning changes to align with state housing laws

The Albany City Planning and Zoning Commission voted unanimously to recommend that the City Council adopt a package of zoning-code amendments intended to implement the city's 2023 housing element and recent state housing laws.

Staff presented Resolution 2025-04, saying the proposed changes would "implement housing element programs and reflect changes to state law related to residential uses and community care facilities," and recommended the commission approve the resolution and forward the ordinances to the City Council for review in October or November. Mira Hahn, associate planner, led the presentation and Leslie Mendez, planning and building manager, answered technical questions from commissioners.

Why it matters: The package would change how Albany's code classifies dwelling types, update rules for accessory dwelling units (ADUs), align local rules with Senate Bill 9 (SB9) on duplexes and lot splits, reduce discretionary review for larger residential care facilities, and add definitions and by-right treatment for low-barrier navigation centers in certain commercial districts. Staff described the amendments as "cleanup" and focused updates to bring the code into compliance with state law while reserving larger development-standard changes for future work.

Key proposals described by staff

- Create a single residential use category, "dwelling," to encompass single-family, duplex, multifamily and mixed-use housing types while leaving density and development standards (height, FAR, setbacks) unchanged in this amendment package.

- Align the R-1 district with SB9 by removing language that limited R-1 to single-family homes and ADUs; SB9 permits duplexes or two-unit configurations or lot splits in single-family zones subject to state eligibility rules.

- Reclassify large residential care facilities so that they require a minor use permit (staff review) instead of a major use permit (commission-level review) and remove local spacing requirements (for example, the 300-foot separation) except where required by state law.

- Define low-barrier navigation centers (LBNCs) consistent with state statute and make LBNCs a permitted public/quasi-public use by right in nonresidential districts that allow multifamily housing (for example, Solano Commercial and San Pablo Commercial districts). Single-room-occupancy (SRO) housing would be moved into the residential use section and allowed by right in the San Pablo Commercial District; the amendments also consider adding SROs by right in Solano Commercial.

- Update ADU rules to match recent state changes: increase the permissible number of detached ADUs on a lot with an existing multifamily building (staff noted up to eight detached ADUs is allowed provided the number does not exceed the number of existing units), update statutory references to the state government code sections, and extend the ADU amnesty date for unpermitted ADUs to Jan. 1, 2020 as provided by state law.

- Treat family day care homes as a residential use by right across districts that permit dwellings, removing local minor-use-permit, spacing, parking and hearing requirements in accordance with state law (staff cited the statute commonly referred to as the "keeping the kids close to home" provisions).

Public comment and commissioners' concerns

Two residents spoke in support of increasing housing capacity and asked clarifying questions. Max Klein, an Albany property owner, said he "completely approve[d] this plan" and urged additional density and reduced front setbacks to make housing options feasible on small lots. Brian Martin, a resident, asked where the new "dwelling" definition appears in the proposed materials and requested a timeline for the larger zoning changes that would address development standards and missing-middle housing.

Commissioners generally supported the package as a targeted, compliance-focused update. Several commissioners and staff emphasized this is an initial, limited set of amendments intended to implement specific housing-element tasks and state law changes; they said more comprehensive zoning reforms (including possible changes to FAR and other development standards) would come later. Commissioner comments also asked staff to return with a proposed workload/timeline for further zoning revisions tied to the city's obligations under the California Department of Housing and Community Development (HCD) certification letter.

Action and next steps

The commission approved Resolution 2025-04 recommending the City Council adopt the proposed amendments. Staff will incorporate minor comments from this hearing and schedule the ordinances for City Council review in October or November. Hahn told commissioners staff had received one written public comment and would continue outreach as part of the council review.

Votes at a glance

- Planning & Zoning Commission, Resolution 2025-04 (recommendation to City Council to adopt zoning-code amendments): motion to approve staff recommendation approved 5-0. Commissioners recorded as voting "yes": Commissioner Waddie, Commissioner Pilch, Commissioner Pearson, Commissioner Momon, Chair McLeod.

- Consent calendar: a separate consent calendar motion (approving consent items including modifications to Conditions of Approval for items 4-2 and 4-3 and approving a project at 902 Carmel with a 14-day appeal period) passed 5-0 earlier in the meeting.

What the actions do and do not do

The commission's approval is a recommendation to the Albany City Council; it does not adopt the zoning changes into law. Staff will prepare final ordinance language and supporting materials for the council. Several commissioners noted that the present amendments do not alter the development standards (density caps, height limits, floor-area ratio) and that additional code changes will be required to achieve the kind of density increases many residents and some commissioners said they want.

Ending

Staff and commissioners agreed the package is a compliance-focused first step; staff committed to returning with the next phases of work and a proposed schedule for additional zoning revisions tied to HCD priorities and the city's housing element implementation plan.