Westminster City Council
SUBJECT
Title
First Reading of an Ordinance Approving a Zoning Text Amendment (Case No. 2025-0039) Amending Section 17.620 of the Westminster Municipal Code (General Plan, Zoning Map and Zoning Code Amendments).
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publichearing
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
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From: Sheri VanderDussen, Interim Community Development Director
Requested by: Administration
Prepared by: Ken Fichtelman, Principal Planner
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RECOMMENDED ACTION
Recommendation
Consider and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2025-0039) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.602 GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS,” read by title only and waive further reading.
end
BACKGROUND
Staff is proposing to amend Section 17.620 General Plan, Zoning Map and Zoning Code Amendments of the Westminster Municipal Code (WMC) with regards to the initiation of Zoning Code Amendments. Section 17.620.010 Initiation of Zoning Code Amendments regulates who has the authority to initiate a Zoning Code Amendment. Currently, the WMC allows for an amendment to be initiated through a Resolution of Intention by either the City Council or the Planning Commission, or through an application from a property owner. Staff, when presented with changing state laws, inconsistencies within the code, or trying to implement process improvements, are unable to initiate a code text amendment without petitioning the Planning Commission or City Council to initiate those amendments. This process entails writing a staff report and a resolution, as well as attending a public meeting, and takes away from time that staff could spend on developing the new code language.
On February 5, 2025, the Planning Commission initiated this Zoning Code Amendment through the approval of PC Resolution 25-001.
On April 2, 2025, the Planning Commission voted 3-1 to deny recommendation of the proposed zoning code amendment to the City Council. The Commission believed that initiation of zoning text amendments should remain the purview of the Planning Commission and City Council.
On May 7, 2025, the Planning Commission voted 2-1-2 against adopting an updated resolution, which memorialized the Planning Commission’s vote on April 2nd. Due to this vote, a resolution documenting the Planning Commission’s decision is not being presented to the City Council.
PROJECT ANALYSIS
Staff is proposing to amend Section 17.620.010 to designate the Director of Community Development as having the ability to initiate Zoning Code Amendments through notice to the City Manager. This change would allow staff to be more responsive to potential issues within the zoning code and respond more rapidly to the needs of the City and its residents, as well as any changes to state law. The City Manager would continue to ensure that City resources are allocated in alignment with City Council priorities.
It is important to note that approval of this amendment will not usurp the authority of the Planning Commission or City Council. While the adoption of a zoning code amendment is a legislative action which, by law, requires public hearings and City Council approval, the initiation of a zoning code amendment has no such requirements and may be considered administratively. Approval of any proposed amendment would still require public hearings before both the Planning Commission and the City Council. Additionally, staff foresees taking substantive or significant proposed changes of the WMC to either the Planning Commission or the City Council for initiation. Additionally, the proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed Zoning Code Amendment is not a project per CEQA §21065 as it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The proposed amendment will not have a direct fiscal impact on the City.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The proposed zoning code amendment would allow staff to respond more rapidly to changing state laws and needed process improvements. The adoption of the amendment would not usurp Planning Commission or City Council authority, as all proposed zoning code amendments would still require public hearings before both the Planning Commission and the City Council, and decisions on final approval would continue to remain with the City Council.
ATTACHMENTS
1. Draft Ordinance
2. WMC Section 17.620.010
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager