Legislation Details

File #: 24-789    Version: 1
Type: Public Hearings Status: Agenda Ready
In control: City Council
On agenda: 12/9/2024 Final action:
Title: Public Hearing to Consider Case No. 2024-025, a Request to Amend the Zoning Map to Remove the Planned Development (PD) Overlay from the Parcel Located at 7002 Garden Grove Blvd.
Attachments: 1. Attachment 1 Draft City Council Ordinance, 2. Attachment 2 PC Resolution 24-013, 3. Attachment 3 11624PC STAFF REPORT, 4. Attachment 4 PC Minutes

Westminster City Council

 

SUBJECT

 

Title

Public Hearing to Consider Case No. 2024-025, a Request to Amend the Zoning Map to Remove the Planned Development (PD) Overlay from the Parcel Located at 7002 Garden Grove Blvd.

End

publichearing

•                     Staff Report

•                     Mayor and City Council Questions for Staff

•                     Public Comments

•                     Mayor and Council Member Discussion

•                     Council Action

End

 

From:                                          Sheri Vander Dussen, Interim Community Development Director

Requested by:                     Administration

Prepared by:                     Stephanie Tomaino, Contract Principal Planner

____________________________________________________________

 

RECOMMENDED ACTION

 

Recommendation

The Planning Commission recommends that the Mayor and City Council introduce an Ordinance for first reading entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING MAP AMENDMENT (CASE NO. 2024-0252) THAT REMOVES THE PLANNED DEVELOPMENT (PD) OVERLAY ZONING DISTRICT FROM THE PROPERTY LOCATED AT 7002 GARDEN GROVE BOULEVARD (APN: 203-431-15) TO ACCOMMODATE A PUBLIC UTILITY FACILITY (WESTMINSTER RELIABILITY PROJECT),” read by title only and waive further reading.

end

 

BACKGROUND

 

The proposed zoning map amendment would remove the Planned Development (PD) Overlay from the property at 7002 Garden Grove Blvd. to accommodate the Westminster Reliability Project. The PD Overlay, as outlined in WMC Section 17.250.030, applies to areas developed or intended for large-scale, integrated projects. These include multi-family residential complexes, large commercial developments, or mixed-use projects with commercial, residential, or live-work uses. The overlay is intended to ensure that such developments occur in a cohesive, planned manner within a contiguous area. However, the subject property is undeveloped and adjacent to the SCE Shawnee Substation, making it unsuitable for the large-scale, integrated development envisioned by the PD Overlay. Given its location, size, and current condition, the existing Commercial-Industrial (C-M) zoning is a better fit for the property and aligns more closely with the surrounding commercial and industrial uses. Removing the PD Overlay would support the development of the proposed utility facility, which will store energy and help meet demand when needed. While the zoning map amendment is not required to establish the utility facility, the applicant is seeking to clean up the zoning map by removing the PD Overlay from the southern parcel at 7002 Garden Grove Blvd., ensuring the zoning more accurately reflects the site’s intended use and surrounding context.

 

The PD Overlay boundaries were originally identified on properties where the City aimed to encourage redevelopment. However, the overlay was never widely utilized by property owners and has since been supplanted by newer mixed-use zoning districts established through the General Plan Update in 2016 and the subsequent Zoning Code amendment in 2022. As a result, the PD Overlay is largely defunct and may be phased out in future updates to the City’s Zoning Code.

 

At its meeting of November 6, 2024, the Planning Commission voted unanimously to adopt Resolution No. 2024-12 approving Case No. 2024-0047, a Conditional Use Permit and Development Review application to allow the Westminster Reliability Project on the subject property. The Commission also voted unanimously to adopt Resolution No. 2024-13 recommending that the Mayor and City Council approve Case No. 2024-0252 to adopt a zoning map amendment to remove the PD Overlay from the subject property (Attachment 2). The staff report presented to the Planning Commission is included as Attachment 3; the draft minutes of the Planning Commission meeting are included as Attachment 4.

 

Pursuant to WMC Section 17.620.025, the City Council is the final approval body for zoning map amendments. However, the Planning Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 17.620.030. Since the proposed utility facility can operate, with Planning Commission approval, without the zoning map amendment, only the amendment has been forwarded to the City Council for final action. Since no appeal was filed, the Planning Commission was the approving authority for the Conditional Use Permit (CUP) and Development Review applications.

 

Staff recommends the Mayor and City Council adopt the proposed ordinance approving the Zoning Map Amendment (Attachment 1).

 

FISCAL IMPACT

 

The removal of the PD Overlay will not have a significant fiscal impact to the City as the permitted and conditionally permitted land uses on the site will not change.

 

LEGAL REVIEW

 

The City Attorney’s Office has reviewed as to form.

 

CONCLUSION

 

Approval of this revision to the Zoning Map will remove the PD Overlay from the property at 7002 Garden Grove Blvd. to accommodate the Westminster Reliability Project. The PD Overlay is largely defunct and may be phased out in future updates to the City’s Zoning Code.

 

ATTACHMENTS

 

1.                     Draft City Council Ordinance adopting Zoning Map Amendment (Case No. 2024-0252)

2.                     Planning Commission Resolution No. 2024-13 recommending that the Mayor and City Council approve Case No. 2024-0252

3.                     November 6, 2024: Planning Commission staff report and attachments

4.                     November 6, 2024: Draft Planning Commission minutes

 

REVIEWED BY

 

Erin Backs, Finance Director

Christian Bettenhausen, City Attorney

Christine Cordon, City Manager