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Resident urges Albany to expand 300-foot construction notice rule, citing state law and recent projects
Summary
Dr. Stephen Alpert called on the council to revisit Albany’s 300-foot public notice radius for new construction, saying state law allows broader notice and citing a recent five-story project on Solano Avenue as reason for broader outreach.
During public comment at the Dec. 9 meeting, Dr. Stephen Alpert urged the Albany City Council to expand its public-notice radius for proposed construction beyond the city’s current 300-foot standard.
Alpert questioned why the city uses the 300-foot mailing radius required in certain state notice procedures for hearings and argued that California Government Code Section 65091 includes language that also allows a local agency to give notice “in any other manner it deems necessary or desirable.” He said city staff and some councilmembers previously told the public that state law precluded broader notice; Alpert said he had exchanged emails with a municipal director (Michael Forbes) who, he said, confirmed that many cities use larger notice radii depending on project type or size.
Alpert referenced a recent five-story mixed-use project at 6100 Solano (described in comment as a five-story mixed commercial-residential structure) as an example of a project where a larger notice area would be appropriate, asserting that large projects can drastically alter the character of a commercial corridor. He asked the council to place the issue on a future agenda for fuller public discussion.
City staff replied only that the matter would be taken up as part of the council’s agenda process; no formal action or vote on notice distances occurred at the meeting.
Why it matters: public-notice procedures determine who receives mailed or posted information about planning hearings and can affect public engagement on projects with neighborhood and corridor impacts.
Direct quote: “Pursuant to a quest for documents... subsection 5 c, which reads, ‘in addition to notice by this section, a local agency may give notice of a hearing in any other manner it deems necessary or desirable,’” Dr. Stephen Alpert said.
