Commission approves zoning text amendment to allow residential uses in commercial zones to comply with AB 241

The Boulder City Planning Commission voted Jan. 21 to recommend a zoning text amendment to bring Title 11 into compliance with Assembly Bill 241 (signed May 31, 2025), authorizing multifamily and mixed-use residential development by right in the city’s commercial C-1 and C-2 zones when projects meet R-3 standards.

City planner Nikisha Lyons summarized the proposed changes, saying the amendment would "add residential uses other than caretaker residences as a permitted use, and then subject to conditions" that require such development to meet R-3 regulations for lot area, unit size, yards, height, bulk, parking and other standards. Lyons told the commission the amendment distinguishes caretaker residences from other residential uses and that staff finds the amendment does not require changes to the adopted city master plan.

Commissioner (speaker 2) said they had not seen the bill text in the packet and "had to Google what this bill was," asking whether 'by right' removes the conditional use permit process; Lyons confirmed the amendment would remove the CUP step for qualifying residential uses and that projects must still comply with R-3 standards and other code requirements. Commissioner Michael (speaker 3) added that projects must fully comply with building and fire codes and that the city retains tools to evaluate compatibility between residential and commercial uses.

The commission opened the public hearing, received no public comment, and after discussion moved to approve the staff-recommended resolution (12 74) in conformance with section 11-33-9 of the Boulder City zoning ordinance; the motion carried by voice vote.

Staff said the state law requires municipalities to adopt such an ordinance by March 1; the approved recommendation will proceed through the city's adoption process for zoning text amendments.